Overview
Franklin County is located in Florida with a population of approximately 12,979. The Circuit Court for Franklin County 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, 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 smaller estates:
* Disposition of Personal Property without Administration: For very small estates consisting primarily of exempt property and non-exempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness.
* Summary Administration: Available if the value of the estate subject to administration in Florida is $75,000 or less, or if the decedent has been dead for more than two years.
Florida law does not set a statutory fee schedule for personal representatives; fees must be reasonable. Attorneys for the personal representative are entitled to reasonable compensation, which is often based on a statutory schedule (e.g., roughly 3% of the estate value for estates between $100,000 and $1 million), though this can be negotiated.
This guide provides an informational overview of the Franklin 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
Franklin County Courthouse
Probate matters in Franklin County are handled at the Franklin County Courthouse.
Address: 33 Market Street, Suite 203, Apalachicola, FL 32320
Phone: (850) 653-8861 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (verify with the Clerk's office)
The Clerk of the Circuit Court & Comptroller, Michele Maxwell, oversees the Probate Department. The office is located in the historic courthouse in Apalachicola. There is also a branch office in Carrabelle, though probate filings are typically managed through the main office.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets in downtown Apalachicola. The building is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Disposition without Administration: For reimbursement of funeral/medical expenses (value of non-exempt assets must not exceed these costs).
- Summary Administration: If the estate is valued at $75,000 or less, or the decedent has been dead for >2 years.
- 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 Circuit Court for Franklin County. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Petition for Administration
- Oath of Personal Representative
- Designation of Resident Agent
- Filing fee (typically ~$400 for formal administration)
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 Franklin County (e.g., Franklin County News) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors.
Step 4: Attend the Hearing
Many probate matters in Florida are handled ex parte (without a hearing) if all documents are in order. If a hearing is required, the judge will review the petition and, if approved, issue Letters of Administration appointing the Personal Representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish and serve notice to creditors (3-month creditor claim period).
- Inventory estate assets within 60 days of appointment.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Franklin County-Specific Procedures
- E-Filing: Attorneys must e-file. Pro se litigants may e-file or file in person at the Clerk's office.
- Checklists: The Clerk's office may review filings against a checklist for compliance with Florida Statutes.
- Proposed Orders: Submit proposed orders in the format required by the local judge (often via the E-Portal or in Word format).
- Publication: Notice must be published in a newspaper of general circulation in Franklin County for two consecutive weeks.
Always check the Franklin County Clerk's website for the most current administrative orders and local rules.
Timeline & Fees
Filing Fees (Franklin County)
- Formal Administration: approximately $400.00
- Summary Administration: approximately $345.00
- Disposition of Personal Property without Administration: approximately $231.00
- Caveat: approximately $41.00
- Notice of Trust: approximately $41.00
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Verify with the Clerk's office.
Payment Methods
The Clerk accepts cash, cashier's checks, money orders, and credit cards (with a service fee). Personal checks may be accepted from local residents or attorneys.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple Formal Administration: 6-9 months
- Complex or Contested Estates: 12 months to 2+ years
The creditor claim period (3 months from publication) is a mandatory waiting period in formal administration.
Local Resources
Franklin County Court Resources
- Clerk of Court Website: www.franklinclerk.com
- Probate Information: Franklin Clerk Probate
- Florida Courts Help: help.flcourts.gov
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — www.floridabar.org
- Legal Services of North Florida: (850) 385-9007 — www.lsnf.org
Publication
- Franklin County News: (850) 851-0724 — franklincounty.news