Overview
Walton County is located in Florida with a population of approximately 83,000. The Walton County Circuit Court 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. Summary Administration is 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 is available for very small estates to reimburse funeral and medical expenses.
Florida law requires personal representatives to be represented by an attorney in most formal probate matters. 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 value (e.g., 3% for the first $1 million).
This guide provides an informational overview of the Walton 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
Walton County Clerk of Courts & Comptroller
Probate matters in Walton County are handled at the Walton County Courthouse.
Address: 571 U.S. Highway 90 East, DeFuniak Springs, FL 32433
Phone: (850) 892-8115 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Central Time)
The Clerk of Court also maintains a South Walton Annex at 31 Coastal Centre Boulevard, Santa Rosa Beach, FL 32459, though most probate filings are processed through the main office in DeFuniak Springs.
Parking and Access
Free public parking is generally available at the DeFuniak Springs courthouse. Visitors must pass through security screening upon entry; prohibited items include weapons and sharp objects.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Disposition of Personal Property without Administration: For very small estates consisting chiefly 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: If the estate is valued at $75,000 or less, or the decedent has been dead for more than 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 Walton County Circuit Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400.00)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing is mandatory for attorneys in Florida via the Florida Courts E-Filing Portal. Pro se litigants may file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if required) and Notice of Administration to all heirs, beneficiaries, and interested parties.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Walton County for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested matters are handled ex parte (without a hearing) if all documents are in order. If approved, the judge issues Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors on known creditors within 3 months of publication.
- Inventory and appraise all estate assets within 60 days of issuance of Letters.
- Pay valid creditor claims (creditor period is generally 3 months from publication).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Walton County-Specific Procedures
- E-filing: Attorneys must e-file all documents. Self-represented litigants may file in person or by mail.
- Checklists: The court may utilize checklists to ensure all required documents are filed before issuing Letters.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Walton County, such as The DeFuniak Herald or The Breeze.
- Local Forms: Specific local forms are limited; Florida Bar forms are standard.
Always check with the Clerk's office for the most current local administrative orders.
Timeline & Fees
Filing Fees (Walton County)
- Formal Administration: $400.00
- Summary Administration (>$1,000): $345.00
- Summary Administration (<$1,000): $235.00
- Disposition of Personal Property: $231.00
- Caveat / Notice of Trust: $41.00
- Publication costs: approximately $150-$300 depending on the newspaper
Florida law provides a statutory fee schedule for attorneys and personal representatives (e.g., roughly 3% of the estate value for ordinary services), though this can be negotiated.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a service fee). Checks should be made payable to "Clerk of Court".
Estimated Timelines
- Simple estates (Summary Administration): 1-3 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period (3 months from publication) sets a minimum timeline for formal administration.
Local Resources
Walton County Court Resources
- Court Website: waltonclerkfl.gov
- Probate Fees: Walton Clerk Fees
Legal Aid and Attorney Referrals
- The Florida Bar Lawyer Referral Service: (800) 342-8011 — floridabar.org
- Legal Services of North Florida: (850) 862-3279 — lsnf.org
Publication
- The DeFuniak Herald: (850) 892-3232 — defuniakherald.com
- The Breeze: (850) 892-3232