ProbateUS
Probate Court

Franklin County

Florida

850-653-8861

Court Location & Contact

Address

33 Market Street, Suite 203, Apalachicola, FL 32320

Visit Official Court Website

Filing Fees

Franklin County, Florida

Fee TypeAmount
Petition for Probate$435

Judges & Officers

JG
J. Gordon Shuler
FA
Frank Allman

Required Forms

Disposition of Personal Property without Administration
Disposition of Personal Property Waiver and Consent
Statement of Claim
Affidavit of Heirs

Probate Guide

Probate in Franklin County, Florida

The Franklin County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Franklin County, FL, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Florida, the probate court in each county oversees this process.

When Is Probate Required in Florida?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Florida's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Franklin County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Franklin County Probate Court to open probate

  3. Notify heirs and creditors as required by Florida law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Florida, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Florida does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Franklin County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Franklin County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

Probate filings are managed by the Clerk of the Circuit Court at the main courthouse in Apalachicola. Michele Maxwell is the Clerk of Court. Franklin County follows the specific judicial preferences of the 2nd Circuit.

Office Hours

Monday-Friday8:00 AM - 4:30 PM

FAQ

Where do I file for probate in Franklin County, FL?

Probate petitions for estates in Franklin County are filed at the Franklin County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Franklin County?

Probate filing fees in Franklin County, Florida vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Florida?

Probate in Florida typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Franklin County?

While not always legally required in Florida, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Florida, their assets are distributed according to state intestacy laws. The Franklin County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

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Aaron Michael Cohn

Weinberg Wheeler Hudgins Gunn & Dial, 3350 Virginia St

Miami

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Alan Hilfiker

Dentons US LLP

Naples

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Alfred (Al) Stashis

Dunwody White & Landon, P.A.

Naples

General Trust & EstateTransfer Planning+1

Amy Beller

Beller Smith P.L.

Boca Raton

Andrew (Andy) Comiter

Comiter, Singer, Baseman & Braun, LLP

Palm Beach Gardens

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