What to Do When Someone Dies in Franklin County, Florida

How probate works in Franklin County: the Clerk of Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Franklin County Clerk of Circuit Court

Franklin County · 2nd Judicial Circuit

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

33 Market Street, Suite 203, Apalachicola, FL 32320

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysE-filing mandatory for attorneys since April 1, 2013. Optional for self-represented parties. Statewide Florida Courts E-Filing Portal for all circuit courts. On paper: Original documents such as wills and death certificates.

Self-represented filing

AllowedDisposition of Personal Property Without Administration may be filed without an attorney; the Probate Department processes the forms, verifies the decedent's assets and prepares the order for distribution. Guardianship matters require an attorney under Florida Probate Rule 5.030. The Clerk's forms page carries the disposition petition, its waiver and consent, an affidavit of heirs and the probate statement of claim.

Verified October 15, 2026 · Source

How Probate Works in Franklin County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Franklin County, probate runs through the Clerk of Circuit Court at 33 Market Street, Suite 203, Apalachicola. The court sits in the 2nd Judicial Circuit. Franklin County shares the 2nd Judicial Circuit with Gadsden, Jefferson, Leon, Liberty and Wakulla.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Florida intestacy law when there is no will.

Most Florida estates take 9 months to 12 months to move through this process. Creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.

What Probate Costs in Franklin County

What probate costs in Franklin County, Florida comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Clerk of Circuit Court at 33 Market Street, Suite 203, Apalachicola. The court is part of the 2nd Judicial Circuit.

Florida charges $400Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Florida are based on reasonable compensation — usually hourly billing or a flat fee for the engagement.

Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Fla. Stat. § 733.402Verified Sep 8, 2026View source of estate value annually.

Probate in Florida typically runs 9 months to 12 months, and costs accrue throughout that period.

How to File Probate at the Clerk of Circuit Court

Probate cases in Franklin County, Florida are filed at the Clerk of Circuit Court. The court sits in the 2nd Judicial Circuit.

Beside the filing office, the court lists separate lines for Probate & Guardianship and Carrabelle Annex.

Can You File Without an Attorney?

Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

For a full cost comparison and filing checklist, see the Franklin County Self-Filing Assessment.

Franklin County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

Disposition of Personal Property Without Administration filed without an attorney

Filed when the estate does not exceed preferred funeral expenses plus the expenses of the last 60 days of the last illness; the Clerk processes the forms, verifies the decedent's assets, and prepares the order for distribution.

Source

Original documents are filed on paper

Original death certificates, wills and other documents bearing original signatures are filed with the Clerk in person or by mail rather than through the e-filing portal.

Source

Document Requirements

Wills are deposited after death at no charge

There is no fee to deposit a will with the Clerk. A will is not accepted for safekeeping while the testator is alive.

Source

Records Access

Archived files take two working days to retrieve

A file held at the Records Center is sent to the department within two working days of the request.

Source

What to Bring

Filed with the opening petition at the Clerk of Circuit Court: Verified Petition for Administration drafted to Fla. Prob. R. 5.200 (petitioner interest, decedent data, beneficiaries, venue, § 733.301 priority, will statement, asset value); Original of the decedent's last will and any codicils (deposited with the court within 10 days of knowledge of death, Fla. Stat. § 732.901), in a testate estateFla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Franklin County

In Florida a death is registered locally, and in Franklin County certified copies of the death certificate are issued by Florida Department of Health in Franklin County as well as by Florida Department of Health - Bureau of Vital Statistics.

Vital Records Office Record

Local Registrar

Franklin County · Florida Department of Health in Franklin County

Office

139 12th Street, Apalachicola, FL 32320

Certified copies

At the counter

Fax

1-850-653-9896

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

District Medical Examiner

Franklin County · District 2 Medical Examiner's Office

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

560 Leonard Gray Way, Tallahassee, FL 32304

Serves this county

District 2 Medical Examiner's Office (District 2 (Franklin, Gadsden, Jefferson, Leon, Liberty, Taylor and Wakulla Counties))

Mail and offices

Fax

1-850-606-6601

Verified November 2, 2026 · Source

Transferring Property in Franklin County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of the Circuit Court.

Deeds and other real property documents for Franklin County are recorded with the Clerk of the Circuit Court at 33 Market Street, Suite 203, Apalachicola, FL 32320. Phone: 1-850-653-8861. Hours: Monday-Friday 8:00 AM-4:30 PM.

The Clerk of the Circuit Court charges $10 for the first page plus $9 for each additional page.

Franklin County accepts electronic recording through Simplifile and CSC.

Recording Office Record

Clerk of the Circuit Court

Franklin County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

33 Market Street, Suite 203, Apalachicola, FL 32320

Fees

Recording fees

Base fee (first page)$10
Each additional page$8.5

Fla. Stat. 28.24(13), (13)(c), (13)(d), (13)(e); Fla. Stat. 201.02(1)(a)

Verified October 16, 2026 · Source

Probate Attorneys Serving Franklin County

Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Franklin County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.

Florida uses a presumed-reasonable fee schedule for probate attorneys — the percentages are a starting point that can be negotiated, especially for simple estates. Franklin County firms typically follow the schedule for routine work and negotiate on complex matters.

A probate attorney files the petition with the Clerk of Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

Solo PracticeTallahassee, FL

Claire A. Duchemin, P.A.

Since 1993 · Serves 7 counties

Tallahassee solo practice serving Leon, Jefferson, Wakulla, Liberty, Gadsden, Franklin, and Calhoun counties. Claire A. Duchemin guides personal representatives and trustees through formal and summary administration, and litigates wrongful will and trust changes and fiduciary failures. More than 45 years in practice.

PracticesEstate PlanningProbateProbate LitigationTrust Litigation

Office
1615 Village Square Blvd, Suite 7Tallahassee, FL 32309

Solo PracticeCrawfordville, FL

Gellis Law, PLLC

Serves 2 counties

Serves Wakulla and Franklin counties from a main office in Crawfordville and, by appointment, an office upstairs in the historic Apalachicola Post Office. Sean Gellis prepares wills, trusts, Lady Bird deeds, and powers of attorney, and handles probate through the Franklin County Clerk, including summary and formal administration. Offers a free consultation, flat fees, and house calls or video meetings.

PracticesEstate PlanningProbate

Office
2931 Crawfordville HwyCrawfordville, FL 32327
Free consultationVirtual consultations

FirmGainesville, FL

Florida Probate Law Group

Since 2014 · Serves the whole state

Gainesville firm handling probate in every Florida county on a flat fee, with an Ocala office and a fully remote administration process. Founding partner R. Nadine David advised Florida circuit court probate judges as a probate court staff attorney before entering private practice in 2014. Handles formal and summary administration, trust administration, and estate litigation.

PracticesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation

Office
201 SE 2nd Ave, Suite 210Gainesville, FL 32601
Free consultationVirtual consultations

FirmBradenton, FL

Gerling Law Group Chartered

Since 2004 · Serves the whole state

Bradenton firm on State Road 70 East serving Manatee and Sarasota families, and accepting probate cases in any Florida county. Guides personal representatives and trustees through probate and trust administration, and handles estate planning, wills, trusts, and elder law as a National Academy of Elder Law Attorneys member. Rodney D. Gerling and Dana Laganella Gerling founded the firm in 2004.

PracticesEstate PlanningTrust AdministrationProbateElder LawWills Trusts

Office
6148 State Road 70 EBradenton, FL 34203
Free consultation

FirmFort Lauderdale, FL

Ginsberg Shulman, PL

Serves the whole state

Fort Lauderdale two-attorney firm in which both partners hold Florida Bar board certification: David Shulman in Wills, Trusts and Estates and Jill Ginsberg in Elder Law. Handles probate and trust administration for Broward and Palm Beach fiduciaries, plus guardianship — including emergency temporary guardianship — estate planning, and asset protection. Takes probate matters anywhere in Florida.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
300 SE 2nd St, Suite 600Fort Lauderdale, FL 33301
Virtual consultations

FirmWinter Park, FL

Gierach and Gierach, P.A.

Since 1971 · Serves the whole state

Winter Park firm serving Orange County and, in probate matters, the entire state of Florida. Represents estate administrators, executors, trustees, and fiduciaries; handles intestate estates, probate real estate, will contests, and probate litigation; and drafts wills, testamentary trusts, and advance directives. Co-founder John R. Gierach has 43 years of experience and an AV Preeminent rating.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
1201 S. Orlando Avenue, Suite 460Winter Park, FL 32789
Free consultation
See all 20 firms serving Franklin County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Show 3 more sources

Data sourced from Florida statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Florida

Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Florida.

How Do I Settle an Estate?

Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Florida happens outside court: the trustee acts under the state's Uniform Trust CodeFla. Stat. § 736.0101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysFla. Stat. §§ 736.0813, 736.1008, 736.10081Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.

Get the Answer

Hire a Florida Probate Attorney

Browse vetted Florida attorneys handling probate matters.

Browse firms

All Florida tools