Overview
Calhoun County is located in Florida with a population of approximately 13,278. The Calhoun County Clerk of Court & Comptroller handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by the Florida Probate Code (Chapters 731-735 of the Florida Statutes). The process begins with filing a Petition for Administration to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Florida offers simplified procedures for small estates:
- Summary Administration: Available if the estate value is $75,000 or less (excluding exempt property) or if the decedent has been dead for more than 2 years.
- Disposition of Personal Property without Administration: A process to request reimbursement for funeral expenses and medical bills from the decedent's assets, provided the non-exempt assets do not exceed the amount of preferred funeral expenses and reasonable medical and hospital expenses of the last 60 days of the last illness.
Florida law does not set a statutory fee schedule for personal representatives (executors), but fees are presumed reasonable if they follow the schedule in Fla. Stat. § 733.617 (e.g., 3% for the first $1 million). Attorneys' fees are also governed by statute (Fla. Stat. § 733.6171).
This guide provides an informational overview of the Calhoun County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Calhoun County Clerk of Court & Comptroller
Probate matters in Calhoun County are handled at the Calhoun County Courthouse.
Address: 20859 Central Avenue E., Room 130, Blountstown, FL 32424
Phone: (850) 674-4545 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (Central Time)
The Clerk's office is located on the first floor of the courthouse. The Probate Department manages all estate filings, wills, and guardianship cases.
Parking and Access
Free public parking is available around the courthouse square and in adjacent lots. The building is accessible to persons with disabilities, with ramp access and elevators available. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Administration: If the estate is valued at $75,000 or less or the decedent has been dead for more than 2 years.
- Disposition of Personal Property without Administration: For very small estates to reimburse funeral/medical expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Administration with the Calhoun County Clerk of Court. Include:
- Petition for Administration
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Filing fee (approximately $400)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing is mandatory for attorneys in Florida and available for self-represented litigants via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Serve Notice of Administration on interested parties (surviving spouse, beneficiaries, etc.).
- Publish Notice to Creditors in a newspaper of general circulation in Calhoun County (e.g., The County Record or The Calhoun-Liberty Journal) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors within 3 months of the first publication.
Step 4: Attend the Hearing
The court may schedule a hearing to appoint the Personal Representative. In many uncontested cases, this can be done via ex parte submission of orders if all documents are in order. Once appointed, the judge issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Wait for the creditor claim period to expire (3 months after first publication).
- Inventory and appraise all estate assets within 60 days of issuance of Letters.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Calhoun County-Specific Procedures
- E-Filing: Attorneys must e-file. Self-represented litigants are encouraged to use the Florida Courts E-Filing Portal.
- Proposed Orders: Must be submitted in Word format via the E-Portal or as directed by the judge's office.
- Checklists: The Fourteenth Judicial Circuit often provides checklists for opening and closing estates; reviewing these before filing can prevent delays.
- Publication: Notice must be published in a newspaper of general circulation in Calhoun County for two consecutive weeks.
Consult the Fourteenth Judicial Circuit Probate page for specific administrative orders affecting Calhoun County.
Timeline & Fees
Filing Fees (Calhoun County)
- Formal Administration: approximately $400.00
- Summary Administration: approximately $235.00 - $345.00 (depending on asset value)
- Disposition of Personal Property: approximately $231.00
- Caveat: approximately $41.00
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Check the Calhoun County Clerk's Fee Schedule for the most current amounts.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit cards (with a service fee). Personal checks may not be accepted for new case filings.
Estimated Timelines
- Simple estates (Summary Administration): 2-4 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 12 months to 2 years or more
The creditor claim period (3 months) is a mandatory waiting period in formal administration.
Local Resources
Calhoun County Court Resources
- Court Website: calhounclerk.com
- Florida Courts E-Filing Portal: myflcourtaccess.com
- Fourteenth Judicial Circuit: jud14.flcourts.org
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
- Legal Services of North Florida: (850) 385-9007 — lsnf.org
Publication
- The County Record: (850) 674-5041 — thecountyrecord.net
- The Calhoun-Liberty Journal: (850) 643-3333 — cljnews.com