Overview
Holmes County is located in Florida with a population of approximately 19,944. The Circuit Court for Holmes County, Probate Division handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by 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, or if the decedent has been dead for more than two years.
* Disposition of Personal Property without Administration: A process to reimburse the person who paid for funeral expenses and medical bills, applicable only for very small estates consisting of exempt personal property and non-exempt property not exceeding the amount of preferred funeral and medical expenses.
Florida law requires a personal representative to be represented by an attorney in most formal administration cases. Statutory fees for attorneys and personal representatives are outlined in Florida Statutes 733.617 and 733.6171, generally based on a percentage of the estate's value.
This guide provides an informational overview of the Holmes 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
Holmes County Clerk of Court & Comptroller
Probate matters in Holmes County are handled at the Holmes County Courthouse.
Address: 201 N. Oklahoma Street, Bonifay, FL 32425
Phone: (850) 547-1100 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Clerk's office is located in the main courthouse building in Bonifay. The Probate Department is responsible for maintaining court records regarding estates, wills, and guardianships.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. 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 (excluding exempt property) or the decedent has been dead for >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 Circuit Court for Holmes County. Include:
- Original Last Will and Testament (if any)
- Certified copy of the Death Certificate
- Petition for Administration
- Filing fee (typically $400.00 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing is mandatory for attorneys in Florida 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 Holmes County (e.g., Holmes County Advertiser) once a week for two consecutive weeks.
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 procedures or without a formal hearing 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:
- Serve Notice to Creditors to known creditors.
- 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
Holmes County-Specific Procedures
- E-Filing: Attorneys must file documents electronically via the Florida Courts E-Filing Portal. Pro se litigants may file in person.
- Checklists: The 14th Judicial Circuit may utilize specific checklists for opening estates; check with the Clerk for local compliance forms.
- Publication: Notice to Creditors must be published in a local newspaper such as the Holmes County Advertiser. Proof of publication must be filed with the court.
Florida law generally requires a personal representative to be represented by an attorney for Formal Administration.
Timeline & Fees
Filing Fees (Holmes 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 / Notice of Trust: approximately $41.00
- Publication costs: approximately $150-$300 depending on the newspaper
Fees are subject to change. Check the Holmes County Clerk's website for the most current fee schedule.
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
- Summary Administration: 1-3 months
- Simple Formal Administration: 6-9 months
- Complex or Contested Estates: 12 months to 2 years or more
The creditor claim period in Florida is 3 months from the date of the first publication of the Notice to Creditors, which sets a minimum timeline for closing formal estates.
Local Resources
Holmes County Court Resources
- Court Website: https://holmesclerk.com
- Probate Department: https://holmesclerk.com/courts/probate-department/
- Florida Courts: https://www.flcourts.gov
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — https://www.floridabar.org
- Legal Services of North Florida: (850) 385-9007 — https://www.lsnf.org
Publication
- Holmes County Advertiser: (850) 547-9414 — https://www.holmescounty.news