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duval county guardianship

Duval County Guardianship Court Process and Procedures

Filing for guardianship in Jacksonville means dealing with a specific courthouse, a specific clerk’s office, and local requirements that are not spelled out in the statutes. Families who understand the local layer move faster than those who learn it through rejection notices.

The Duval County guardianship court process runs through the Probate Department of the Fourth Judicial Circuit at the downtown Jacksonville courthouse. Florida law sets the framework, but Duval County adds its own filing fees, forms, audit charges, and a designated training provider. Knowing all of it before you file saves weeks.

How Does the Guardianship Court Process Work in Duval County?

Guardianship cases in Duval County are handled by the Probate Department, which is part of the Fourth Judicial Circuit. The circuit covers Duval, Clay, and Nassau Counties, so families in Jacksonville, Orange Park, and Fernandina Beach all fall within the same circuit. St. Johns County cases, including St. Augustine and Ponte Vedra, go through a different circuit.

The general sequence looks like this:

  1. A petition to determine incapacity is filed, usually with a petition to appoint a guardian
  2. The court appoints an attorney for the alleged incapacitated person
  3. A three-member examining committee is appointed within 5 days and files reports within 15 days
  4. The court holds an adjudicatory hearing and decides whether incapacity is proven by clear and convincing evidence
  5. Letters of guardianship are issued once the guardian qualifies
  6. Reports begin, starting with an initial plan or inventory

An important local and statewide rule: under Florida Probate Rule 5.030, every guardian must be represented by an attorney admitted to practice in Florida. The Clerk’s Office cannot give legal advice or help prepare your forms.

Where Do You File a Guardianship Case in Jacksonville?

The Probate Department sits inside the Duval County Courthouse in downtown Jacksonville.

  • Mailing address: Duval County Clerk of Courts, Attn: Probate Department, 501 West Adams Street, Room 1260, Jacksonville, FL 32202
  • Phone: (904) 255-1990
  • Office hours: Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays
  • General clerk line: (904) 255-2000

Most filings go through the statewide e-filing portal, and the Duval County Clerk of Courts posts current fee schedules and filing guidance on its probate page. Guardian advocacy forms are available through the Fourth Judicial Circuit self-help page, and completed guardian advocate paperwork is brought to the Probate Department in Room 1173 for filing.

What Does Guardianship Cost to File in Duval County?

Filing fees in Duval County depend on what type of guardianship you are seeking. Current amounts posted by the Clerk include:

  • Guardianship of the person and property: $400
  • Guardianship of the property only: $400
  • Guardianship of the person only: $235
  • VA guardianship: $235
  • Petition for determination of incompetency: $231
  • Guardian advocacy: $400 for property or person and property, or $235 for person only

If the ward qualifies as indigent, an Application for Determination of Civil Indigent Status can waive the filing fee, and a deputy clerk can provide the form. Filing a Declaration of Preneed Guardian with the Probate Department carries no fee.

These are court costs only. Attorney fees, examining committee fees, and the court-appointed attorney’s fees are separate, and the committee and attorney fees are generally paid from the ward’s property.

What Reports and Audit Fees Does Duval County Require?

Once appointed, a guardian in Duval County follows both statutory deadlines and local audit charges.

The Clerk’s stated reporting deadlines:

  • Guardian of the person files an initial plan within 60 days after letters of guardianship are granted, then annual plans within 90 days of each anniversary date, unless waived by court order
  • Guardian of the property files an inventory of the ward’s assets within 60 days after letters are granted, then annual accountings within 90 days of each anniversary date, unless waived

Duval County also charges audit fees the clerk uses to review your filings:

  • Verified inventory: $85 when the ward’s property exceeds $25,000
  • Annual accounting, $25,000 or less: $20
  • Annual accounting, $25,001 to $100,000: $85
  • Annual accounting, $100,001 to $500,000: $170
  • Annual accounting, $500,001 or more: $250

Budget for these every year. They are recurring costs of the guardianship, not one-time filing charges.

Where Do Duval County Guardians Get Required Training?

Florida Statute 744.3145 requires most court-appointed guardians to complete a minimum of 8 hours of instruction within 4 months of appointment. Duval County designates a specific provider.

Unless waived by court order, guardianship training in Duval County is provided by Aging True, formerly known as the Cathedral Foundation, located at 4250 Lakeside Drive, Suite 116, Jacksonville, FL 32210. They can be reached at (904) 807-1203.

Do not put this off. The training deadline runs from your appointment, and a missed requirement can hold up your case.

What Slows Down a Guardianship Case in Jacksonville?

Local practice matters as much as the statute. Common sources of delay in the Fourth Judicial Circuit include:

  • Family disputes over whether guardianship is needed or who should serve
  • Scheduling three separate examinations around hospital stays or facility access
  • Deficient filings returned for correction, which restarts your place in line
  • Docket congestion in a busy metropolitan probate division
  • Incomplete audit fee payments that stall review of your reports

An uncontested Duval County case commonly runs about two to three months from petition to appointment. Contested matters take considerably longer.

Working Through the Jacksonville Guardianship Court System

The Duval County guardianship process combines Chapter 744’s statewide requirements with local fees, forms, room numbers, and a designated training provider. Getting the local details right the first time is what keeps a case moving.

At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys handle guardianship matters in the Fourth Judicial Circuit and beyond. Our Jacksonville guardianship attorneys serve families in Duval, Nassau, St. Johns, and Clay Counties, and we also help families determine whether a less restrictive alternative would work instead.

If you need to file in Jacksonville or have questions about a case already pending, contact our office and tell us where things stand.

This article is for general information and is not legal advice. Court fees and local procedures change, so confirm current requirements with the Clerk or speak with one of our elder law professionals.

Author Bio

Kellen Bryant, Esq.

Kellen Bryant, Esq.
Founder

Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.

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