What to Do When Someone Dies in Franklin County, Florida

Probate in Franklin County runs through the Clerk of Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Franklin County, settling their estate runs through the Clerk of Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Clerk of Circuit Court

Franklin County · 2nd Judicial Circuit

Address

33 Market Street, Suite 203Apalachicola, FL 32320

Hours

Monday - Friday, 8:00 AM - 4:30 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

Departments

  • Probate & Guardianship850-653-8861

Carrabelle Annex: 912 N.W. Avenue A, Carrabelle, FL 32322 (850-697-3263), open Thursday 8:00 AM - 4:30 PM, closed 11:30 AM - 12:30 PM for lunch.

Verified July 3, 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. The 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

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.

Probate matters are handled through the Probate & Guardianship. Filing and payment go through these offices, not the main clerk window.

Florida charges $399Fla. Stat. § 28.2401(1)(g), (3)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Clerk of Circuit Court (https://www.myflcourtaccess.com/). Self-represented filers can request a paper-filing exemption.

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.

Executor compensation is based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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

If you're handling probate yourself in Franklin County, Florida, you can file at the Clerk of Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 2nd Judicial Circuit.

Filings here are routed through the Probate & Guardianship. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Franklin County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Clerk of Circuit Court is realistic.

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

What to Bring

To file at the Clerk of Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

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: 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, CSC.

Recording Office Record

Clerk of the Circuit Court

Franklin County

Address

33 Market Street, Suite 203Apalachicola, FL 32320

Hours

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

E-recording

Available via Simplifile, CSCE-recording info →
Visit recorder website →

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 September 4, 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 PlanningProbate LitigationTrust LitigationProbate Administration

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

Solo PracticeApalachicola, FL

Donna Duncan, P.A.

Serves 4 counties

Apalachicola solo practice serving Franklin, Wakulla, Liberty, and Gulf counties, one of the few firms covering this stretch of the Forgotten Coast. Donna Duncan handles estate planning and probate for residents of the remote coastal Panhandle.

PracticesEstate PlanningProbate Administration

Office
109 Dr Martin Luther King Jr AveApalachicola, FL 32320

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 AdministrationProbate LitigationTrust LitigationProbate Administration

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 AdministrationElder LawProbate AdministrationWills 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 AdministrationElder LawTax Planningand 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 AdministrationProbate LitigationTax Planningand 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.

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Legal Sources

Data sourced from Florida statutes and official state code. How we research.