ProbateUS
Probate Court

Franklin County

Florida

850-653-8861

Phone

850-653-8861

Website

Official Site →

In Franklin County, Florida, you file a probate case with the Franklin County probate court at 33 Market Street, Suite 203, Apalachicola, FL 32320. You can reach the court at 850-653-8861. Below you'll find 1 filing fee, 60 downloadable forms and the office hours.

Court details last updated

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 AdministrationDisposition of Personal Property Waiver and ConsentStatement of ClaimAffidavit of Heirs

Probate Forms Library

60 fillable forms. Scroll the list to see them all.

Every Franklin Countyform, with a short summary and the official source →
Acceptance and Waiver of ServicecountyDownload
Affidavit of HeirscountyDownload
Disposition of Personal Property Waiver and ConsentcountyDownload
Disposition Of Personal Property Without AdministrationcountyDownload
FORM A – Application for AppointmentcountyDownload
FORM B – Notice of Petition for Appointment – NOHcountyDownload
FORM C – Petition for Appointment as GDN ADV – STANDBYcountyDownload
FORM C-1 – Standby Guardian Advocate Joinder in PetitioncountyDownload
FORM E – Oath of Guardian ADV – Designation of RA – ACCEPTANCEcountyDownload
FORM G – Application for Determination of Civil IndigencecountyDownload
FORM H – Order Appointing Guardian Advocate of the PersoncountyDownload
FORM H-1 – Order Appointing Standby Guardian Advocate of the PersoncountyDownload
FORM I – Letters of Guardian Advocacy – Person – Co-GuardiancountyDownload
FORM M – Order on Review of the Annual Guardian Advocacy PlancountyDownload
Information on different types of GuardianshipscountyDownload
Request For Social Security Number, or Bank Account/Charge/Debit Card Number Removal from Public RecordscountyDownload
1041 — Accumulation Distribution for Certain Complex TrustsfederalDownload
1041-T — Allocation of Estimated Tax Payments to BeneficiariesfederalDownload
1041 — Alternative Minimum Tax — Estates and TrustsfederalDownload
Application For Burial BenefitsfederalDownload
SSA-4 — Application for Child's Insurance BenefitsfederalDownload
SF 2800 — Application for Death Benefits (CSRS)federalDownload
SF 3104 — Application for Death Benefits (FERS)federalDownload
Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload
SS-4 — Application for Employer Identification NumberfederalDownload
706 — Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload
SSA-10 — Application for Widow's or Widower's Insurance BenefitsfederalDownload
1041 — Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload
1041 — Capital Gains and Losses (Estates and Trusts)federalDownload
706-CE — Certification of Payment of Foreign Death TaxfederalDownload
FE6 — Claim for Death Benefits (FEGLI)federalDownload
VA40-1330 — Claim For Standard Government Headstone Or MarkerfederalDownload
SF 2818 — Continuation of Life Insurance Coverage as AnnuitantfederalDownload
FE7 — Designation Of Beneficiary (FEGLI)federalDownload
SF 2823 — Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload
FS 5336 — Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload
8855 — Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload
1041 — Estimated Income Tax for Estates and TrustsfederalDownload
706 — Generation-Skipping Transfer Tax (Form 706)federalDownload
706-GS — Generation-Skipping Transfer Tax Return for DistributionsfederalDownload
706-GS — Generation-Skipping Transfer Tax Return for TerminationsfederalDownload
8971 — Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload
56 — Notice Concerning Fiduciary RelationshipfederalDownload
706-GS — Notification of Distribution From a Generation-Skipping TrustfederalDownload
1041-V — Payment Voucher (Estate or Trust)federalDownload
I-360 — Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload
2848 — Power of Attorney and Declaration of RepresentativefederalDownload
FS 1455 — Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload
706 HAS — Request for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload
4810 — Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload
FS 1522 — Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload
SSA-721 — Statement of Death by Funeral DirectorfederalDownload
1310 — Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload
706-NA — U.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload
706-QDT — U.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload
1041 U — U.S. Income Tax Return for Estates and TrustsfederalDownload
1041-A — U.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload
706-A — United States Additional Estate Tax ReturnfederalDownload
706 UNITED — United States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload
709 — United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload

How Probate Works in Franklin County

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.

Funeral homes near the Franklin County probate court

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

Common Questions

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

The closest we list to this court

Sarah Butters

Ausley McMullen

Tallahassee · 65 mi

Robert (Bob) Hart

Pensacola · 142 mi

Lee-ford Tritt

The University of Florida Levin College of Law

Gainesville · 158 mi

Linda Griffin

Older Lundy Koch & Martino

Clearwater · 179 mi

Testamentary PlanningTransfer Planning+1

Bruce Bokor

Johnson, Pope, Bokor, Ruppel & Burns, LLP

Clearwater · 180 mi

General Trust & EstateTransfer Planning+1
See more attorneys near Franklin County→

Related Resources

FloridaProbate Guide →All FloridaCourts →Franklin CountyProbate Forms →Florida executor fee calculator→Florida small estate checker→Florida creditor claim deadlines→Banks and Insurers to Notify →