Probate, Guardianship & Mental Health
General Information | Probate FAQ | Probate Glossary
Effective July 1, 2003:A mandatory $50.00 filing fee will be charged pursuant to F.S. 28.241 on any civil action, suit or proceeding in the circuit court that is reopened.
To obtain information on a Probate case, search our online records.
Probate - General Information
The Probate Division maintains the files on probate estates, wills, trusts, mental health and guardianships for both minors and incapacitated persons. They monitor, file and store all pending case files and all wills that have been deposited. The Probate Division is located in the Hernando County Government Center-Judicial Wing, Room 247. The telephone number is (352) 540-6366. Business hours are 8:00 AM to 5:00 PM, Monday through Friday.
Probate is necessary whenever a deceased person leaves titled assets in their name alone. A party then files a petition for probate which allows distribution of the decedent’s assets.
Disposition of Personal Property Without Administration may be filed without the assistance of an attorney. These are filed when the amount of assets do not exceed $5000.00. The Clerk assists the public and court by processing the forms, verifying the assets of the decedent and preparing the Order allowing for distribution.
Guardianship - General Information
Guardianships are filed for both minors and incapacitated persons. However, all Guardianship matters in the State of Florida require an attorney (Rule 5.030). An individual through their attorney, files for a guardian to be appointed for an adult person when they believe that person is not mentally or physically capable of taking care of himself/herself. A committee is appointed to evaluate the person and make their report to the court. In some instances, the adult person may be only physically unable to care for himself/herself and may need a guardian. Guardians can be appointed as guardian of the person only, property only or person and property.
Guardianships are also filed for minors when the minor child has inherited money or property in excess of $5,000.00 from a deceased person, or received money from a settlement in excess of $5,000.00. In this case a guardian of the property is all that is needed if the minor child’s parents are living. If a minor child’s parents are deceased or unable to be appointed guardian, he/she may need a guardian of the person and property.
Mental Health - General Information
The Clerk in this division can help you file a Baker Act Petition or a Marchman Act Petition. A Baker Act Petition will initiate an emergency pickup and evaluation for persons who are mentally ill and refuse to seek treatment and are a danger to themselves and/or others. A Marchman Act Petition is filed to obtain a court order for substance abuse treatment when the Respondent has refused to voluntarily receive care. The Respondent must reside or be physically located in Hernando County. An address must be provided in order for the individual to be taken into custody.
The Harbor Behavioral Health Care Institute provides Hernando County residents with mental health services. The Harbor is located at 7074 Grove Rd Brooksville, FL 34609, telephone (352)540-9335. The Harbor provides individual, group and family counseling for mental health and substance abuse problems. In addition, 24-hour a day emergency services are available by calling either of the phone numbers listed above.
Hernando County also has a private psychiatric hospital. Springbrook Hospital is located at 7007 Grove Road, Brooksville, telephone (352) 596-4306.