Civil / Probate / Guardianship
Located in Room 158 at the Indian River County Courthouse
(772) 770- 5185
Hours - 8:30 - 4:30
The Civil Department processes civil lawsuits, including small claims, evictions, county court cases, circuit court cases, probate and guardianship cases.
Civil cases are processed in the order received in the Department.
Effective October 1, 2010, the Clerk’s Office will no longer record death certificates as a part of the probate court record.
Effective July 1, 2015, amendments were made to Chapter 744.367, of the Florida Statutes that became law. This revised when Guardians are required to file the Annual Plans of the Person. The Guardian is to file with the Court an Annual Guardianship Plan at least 60 days, but no more than 90 days, before the last day of the anniversary month that the Letters of Guardianship were signed, and the Plan must cover the coming fiscal year ending on the last day in such anniversary month. The reporting date for Annual Accountings will remain the same.
As of July 1, 2016:
- we are increasing our online sale fee to $70.00. This will be in addition to the $70.00 clerks service fee. F.S. 45.035
- any party requesting a Notice of Action from the Clerk will be responsible for the publication of their Notice after it has been executed by the Clerk.
- the Clerk will record Probate documents noted in F.S. 28.223 and 28.2401. Recording fees will be required for Lis Pendens and Disclaimers. F.S. 48.23 and 739.601 F.S. 28.223 No other petitions, pleadings, papers, or other orders relating to probate matters shall be recorded except on written direction of the court.
Effective October 1, 2016:
- there will be a $1.00 index fee to process all Miscellaneous Wills, and if you request the Clerk to prepare, sign and seal a Receipt for a Miscellaneous Will, there will be a $7.00 preparation fee. (F.S. 28.24) The Clerk will provide a copy of the receipt for payment for indexing at no charge, and this receipt for payment will reflect the date received, and the Miscellaneous Will case number.
- To record a Declaration for Pre-Need Guardian, it will require the applicable recording fee. (F.S. 28.24)
Effective November 14, 2016:
Effective January 1, 2017
A Notice of Trust filed in the Probate Department will require a $41.00 filing fee, whether it is filed in an existing case, or filed as a new case. F.S. 28.2401
Cases involving less than $5000 are filed in Small Claims court.
Packages including the filing information and forms are available in the Civil Department or in the North County office. The packages include:
An informational sheet entitled "Information Needed to File Your Claim";
An original statement of claim, is filed with the clerk along with a copy for each defendant.
A list of filing fees; Fee Schedule
An informational sheet entitled "How to Collect Your Judgment."
In addition to the Clerk's fee, there is a $40.00 fee payable to the Indian River County Sheriff's Department (CHECK THE FEES FOR ALL OTHER COUNTIES) for each defendant being served, along with a self-addressed, stamped envelope. This payment is separate from the Clerk's fee.
The Sheriff will not accept personal checks, therefore, their fee needs to be paid by a Cashier's Check, Money Order or business check. (We will not be responsible for cash).
You may wish to use the services of a private process server.
If the summons is to be served in another county, the cashier's check, money order, or business check should be made payable to the Sheriff of that county along with an addressed, stamped envelope for that Sheriff's office.
If you are filing for an eviction and you are a pro se litigant, the Florida statutes contain the information necessary to file an eviction. The statutes, forms and procedures are available in the Law Library in the Indian River County libraries. To see a brochure for a brief summary of Florida's landlord/tenant law, please click on the Eviction Brochure below.
County Court Cases
Cases involving more than $5,000 and less than $15,000 are filed in County Court.
Circuit Court Cases
Cases involving more than $15,000 are filed in Circuit Court.
Frequently Asked Questions
As of July 1, 2003 a statutory fee of $50.00 will be charged for the reopening of any civil action, suit or proceeding in the Circuit Court. F.S. 28.241(1)(b). In County Court, F.S. 34.041(2), cases less than $500.00 the fee is $25.00. Cases more than $500.00 the fee is $50.00.