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Franklin County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Second Judicial Circuit, Franklin County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Michele Maxwell), Probate Division |
| Courthouse | 33 Market Street, Suite 203, Apalachicola, FL 32320; the Clerk publishes this street address for both mail and in-person filing (no P.O. Box) |
| Carrabelle Annex | 912 N.W. Avenue A, Carrabelle, FL 32322, open Thursdays 8:00 AM to 4:30 PM, closed for lunch 11:30 AM to 12:30 PM (schedule verified July 2026; it has changed in recent years, so call before visiting). Probate is filed at the Apalachicola courthouse |
| Phone | (850) 653-8861 (toll-free from Carrabelle: (850) 697-2112); ask for the Probate Division |
| None published. The Clerk's site uses a contact form; call (850) 653-8861 or use the Send us a message form on franklinclerk.com | |
| Office hours | Monday to Friday, 8:00 AM to 4:30 PM; closed legal holidays |
| Filing fee | Set by statute under F.S. 28.2401: the Clerk's service charge is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition (statutory figures verified July 2026). Counties add mandatory statutory charges on top of the base, so confirm the current total with the Clerk before filing. |
| Local probate forms | None. The Clerk publishes no local probate forms, and Florida publishes no statewide self-help probate form set; probate filings are petitions prepared under the Florida Probate Rules, in most cases by an attorney |
| E-filing | Through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com); mandatory for attorneys, optional for self-represented filers, who may also file on paper at the Clerk's counter |
| Online case search | Statewide CiviTek Online Court Records Search for Franklin County (county 19), with a public anonymous access option |
| Remote appearance | Available for some matters: the published policies of Circuit Judge Michael Beato, who serves Franklin County, allow a hearing or non-jury trial by Zoom when all parties consent (revised June 2026); otherwise the matter is heard in person, so confirm with the Clerk's office at (850) 653-8861 when a hearing is set |
| Website | https://www.franklinclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in Franklin County, know exactly what is in the estate. Which Florida path fits depends on whether there is a will and on the value and type of the assets: formal administration under F.S. Chapter 733, summary administration under F.S. 735.201 for a smaller estate, or disposition of personal property without administration under F.S. 735.301 for a limited class of estates with no real property. The dollar thresholds that separate these paths are statewide and are explained on the Florida state page; identify the estate first so you and your attorney file the right petition once.
Identify every bank and credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, and parcel of real property, along with every debt, before you go to the Clerk. Whether the decedent's home in Apalachicola, Carrabelle, Eastpoint, or on St. George Island was homestead property matters, because Florida homestead often passes outside the probate estate and is not counted toward the summary-administration limit. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Circuit Court of the Second Judicial Circuit serves Franklin County along with Gadsden, Jefferson, Leon, Liberty, and Wakulla counties. Within Franklin, the court covers the whole county, including Apalachicola (the county seat), Carrabelle, Eastpoint, St. George Island, Lanark Village, Alligator Point, and St. Teresa. Franklin probate matters are filed with the Clerk of the Circuit Court at the courthouse at 33 Market Street, Suite 203, in Apalachicola; the Clerk's Carrabelle Annex is open one day a week, but probate filings go to the Apalachicola courthouse. Circuit Judge Michael Beato is the circuit judge assigned to serve Franklin County, with chambers in Apalachicola and Tallahassee.
Venue for a decedent's estate is governed by F.S. 733.101. Administration is proper first in the county where the decedent was domiciled at death, then, if the decedent had no Florida domicile, in a county where the decedent's property is located, and, if the decedent had neither domicile nor property in Florida, in the county where any debtor of the decedent resides. In practice, file in Franklin County for a decedent who lived here. There is no separate probate department; probate is heard on the Circuit Court's general docket in the Second Judicial Circuit.
The jurisdiction process
- Gather the documents. Collect the original signed will (if any), a certified copy of the death certificate, the proposed personal representative's contact information and photo ID, the names and addresses of the beneficiaries and other interested persons, and a list of the assets and debts with values.
- Choose the path based on the estate. Depending on whether there is a will and on the value and type of assets, the route may be formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), or disposition of personal property without administration (F.S. 735.301). The governing thresholds are statewide and are on the Florida state page.
- Confirm whether an attorney is required. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person (or is the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Because most administrations involve more than one interested person, most Franklin estates are filed through counsel.
- Prepare the petition. For a formal or summary administration, prepare the petition and supporting documents under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530). Florida publishes no statewide self-help probate form set and Franklin has no local packet, so in most cases an attorney prepares and files the papers.
- File with the Clerk of the Circuit Court. Attorneys must e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com); the Franklin Clerk has accepted probate e-filings through the portal since 2012. A self-represented filer may register and e-file through the portal or file on paper at the Clerk's counter at 33 Market Street, Suite 203, Apalachicola, FL 32320. Per the Clerk's e-filing page, original documents, such as the original will and certified death certificates, are still filed with the Clerk in paper form even in an e-filed case.
- Pay the filing fee. The Clerk's service charge under F.S. 28.2401 is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition; counties add mandatory statutory charges on top of the base, so confirm the current total with the Clerk (verified July 2026).
- Give notice and publish. The personal representative serves notice on interested persons and publishes a notice to creditors, which opens the creditor-claim period. A creditor must file its claim by the later of 3 months after first publication or 30 days after being served (F.S. 733.702), and in all events within 2 years of death (F.S. 733.710).
- Attend the hearing if one is set. The petition is presented to a Second Judicial Circuit judge; Circuit Judge Michael Beato serves Franklin County, and his published policies allow a hearing to be held by Zoom when all parties consent. Ask the Clerk's office at (850) 653-8861 whether your matter can be handled remotely.
- Receive the authority document. On appointment the court issues Letters of Administration, the proof of the personal representative's authority to act, in every case, whether or not there is a will. Request enough certified copies for the banks and institutions involved.
- Administer and close. Inventory the assets, pay valid claims in statutory priority, account to the interested persons, distribute the remaining assets, and close the estate.
Forms and documents
Probate forms in Franklin County
Franklin County publishes no local probate forms of its own, and Florida publishes no statewide self-help probate form set: probate filings are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530), and Florida Courts Help states that it does not provide probate forms. The Clerk's downloadable forms page covers child support, civil, traffic, eviction, criminal, and family law matters, and for guardianship it states that the Second Judicial Circuit and the Clerk do not provide the forms; it includes no probate forms. The Clerk's Probate Division keeps the files on estates, wills, trusts, and guardianships and processes dispositions of personal property without administration, but it does not supply the petitions for formal or summary administration. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, most estates do not self-file a probate packet: the attorney prepares the petition and files it through the statewide portal. For questions about local intake, filing in person versus by mail, or what the Apalachicola counter needs, call the Clerk of the Circuit Court at (850) 653-8861.
| Resource | What it provides |
|---|---|
| Florida Courts Help, probate (flcourts.gov) | The judiciary's probate self-help page; it explains that no statewide probate forms are provided and points to the Florida Probate Code and local resources |
| Florida Courts E-Filing Portal (myflcourtaccess.com) | The statewide portal for filing probate documents; mandatory for attorneys, optional for self-represented filers |
| Franklin County Clerk of the Circuit Court, Probate Division | Local intake questions, filing in person or by mail, hours, and help with dispositions of personal property without administration |
Local nuance
Franklin County-specific considerations
The Probate Division helps with dispositions without administration. Franklin County's Probate Division keeps the files on estates, wills, trusts, and guardianships, and its clerks assist the public with dispositions of personal property without administration, verifying assets and preparing the order for distribution. Reach the division through the Clerk's main line at (850) 653-8861; the Clerk's online office directory lists the deputy clerk assigned to the Circuit Civil and Probate Division at extension 3593 (July 2026).
The Clerk keeps a Carrabelle Annex. In addition to the Apalachicola courthouse at 33 Market Street, Suite 203, the Clerk operates an annex at 912 N.W. Avenue A in Carrabelle, open Thursdays from 8:00 AM to 4:30 PM and closed for lunch from 11:30 AM to 12:30 PM (verified July 2026). The annex day and hours have changed in recent years, and the Clerk does not publish which services it handles, so probate filings go to the Apalachicola courthouse; call (850) 653-8861 before relying on the annex for a probate errand.
Case search runs through the statewide CiviTek system. Franklin County does not run its own docket portal. Court records are searched through the statewide CiviTek Online Court Records Search for Franklin County (county 19), which offers a public anonymous access option. To confirm a filing, you can also call the Clerk's office directly.
Recent updates
| Date | Change |
|---|---|
| February 2026 | Circuit Judge Michael Beato began serving Franklin County on February 13, 2026, succeeding Chief Judge Frank Allman as the circuit judge assigned to the county. He was appointed to the Second Judicial Circuit by the Governor on September 12, 2025, and his investiture was held April 10, 2026. His published policies and procedures (revised June 2026) include a section on probate cases. |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Franklin County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Apalachicola, Carrabelle, or St. George Island home was the decedent's homestead, Florida homestead protections usually let it pass to the surviving spouse outside the probate estate, often confirmed by a petition to determine homestead status filed with the Clerk of the Circuit Court. If other assets must be administered, the spouse (through counsel, unless she is the sole interested person under Fla. Prob. R. 5.030) files a summary or formal administration and is issued Letters of Administration. | Asset discovery to confirm how title is held and what else is in the estate. Packet generation for the qualifying paperwork. A vetted attorney referral where Fla. Prob. R. 5.030 requires counsel. |
| Out-of-state adult child, small estate | A smaller estate that meets the statewide threshold can proceed by summary administration under F.S. 735.201, which appoints no personal representative and ends in an order distributing the assets; a very limited estate with no real property may qualify for disposition of personal property without administration (F.S. 735.301). Both are filed with the Franklin Clerk, and an out-of-state filer can work with Florida counsel through the statewide e-filing portal without repeated trips to Apalachicola. | Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the petition, prepared in advance so an out-of-state filer can proceed largely remotely. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate holds real property that must be sold, it generally proceeds through formal administration under F.S. Chapter 733: the parent, represented by counsel under Fla. Prob. R. 5.030, petitions the Clerk of the Circuit Court, is appointed personal representative, receives Letters of Administration, and can then sell the home and distribute the proceeds. The matter is heard by a Second Judicial Circuit judge. | Asset discovery for the child's accounts and property. Packet generation for the formal administration filing. Attorney referral, and help if the sale or an heir dispute turns contested. |
Self-help resources
| Resource | What it offers |
|---|---|
| Franklin County Clerk of the Circuit Court, (850) 653-8861 (franklinclerk.com) | The filing office for probate; local intake questions, filing by mail or in person, hours, case search, and the Probate Division |
| Second Judicial Circuit of Florida (2ndcircuit.leoncountyfl.gov) | Court administration for Franklin County, judicial assignments, and general information on remote hearings |
| Florida Courts Help, probate (flcourts.gov/Courts-System/florida-courts-help/other-resources/probate) | The judiciary's probate self-help page, with plain-language information on the probate process |
| Florida Courts E-Filing Portal (myflcourtaccess.com) | Registration and self-help for e-filing probate documents, the option available to self-represented filers |
| Legal Services of North Florida, (850) 385-9007 (lsnf.org) | Free civil legal help for income-eligible residents, with a service area that covers Franklin County; its practice areas include wills and probate |
| The Florida Bar Lawyer Referral Service, (800) 342-8011 (floridabar.org) | Statewide referrals to Florida-licensed probate attorneys, plus the consumer pamphlet Probate in Florida |
When to hire an attorney
Florida makes counsel the norm in probate. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person, or is the only beneficiary with no other interested persons, or is a Florida-licensed attorney. Because most Franklin estates have more than one interested person, most formal and summary administrations here are handled through counsel, who also e-files through the statewide portal. Consider an attorney early when the estate holds real property that must be sold, when a will contest or heir dispute is likely, when the estate is insolvent or creditors are pressing, or when the estate includes a business interest or out-of-state property. Sunset can connect families to a vetted Florida probate attorney serving Franklin County and the Second Judicial Circuit.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Franklin County real estate, and unclaimed property, so you understand the estate's value and which Florida path fits during estate settlement before you file.
Generate the probate packet. Sunset prepares the petition and supporting paperwork for your path, ready to file with the Clerk of the Circuit Court in Apalachicola through the statewide e-filing portal or on paper.
Find a local probate attorney. Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, Sunset connects families to a vetted Florida probate attorney serving Franklin County and the Second Judicial Circuit.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Franklin County?
With the Clerk of the Circuit Court at the Franklin County courthouse, 33 Market Street, Suite 203, Apalachicola, FL 32320. Franklin is in the Second Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court.
Do I have to e-file probate in Franklin County?
Attorneys must e-file through the statewide Florida Courts E-Filing Portal at myflcourtaccess.com. A self-represented filer may register and e-file through the same portal or file on paper at the Clerk's counter in Apalachicola.
Do I need an attorney for probate in Franklin County?
Usually yes. Under Fla. Prob. R. 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative is the sole interested person (or the only beneficiary with no other interested persons), or is a Florida-licensed attorney. Because most estates have more than one interested person, most Franklin administrations are handled through counsel.
Who hears probate cases in Franklin County?
Probate is heard on the Circuit Court's general docket in the Second Judicial Circuit. Circuit Judge Michael Beato has served Franklin County since February 13, 2026, succeeding Chief Judge Frank Allman, and his published policies and procedures (revised June 2026) include a section on probate cases. Court administration for the circuit is based in Leon County.
Can I appear remotely for a Franklin County probate hearing?
Sometimes. The published policies of Circuit Judge Michael Beato, who serves Franklin County, allow a hearing or non-jury trial to be held by Zoom when all parties consent; otherwise the matter is heard in person. Ask the Clerk's office at (850) 653-8861 when a hearing is set.
Can I look up a Franklin County probate case online?
Yes. Court records are searched through the statewide CiviTek Online Court Records Search for Franklin County (county 19), which offers a public anonymous access option. To confirm a filing you can also call the Clerk of the Circuit Court at (850) 653-8861.
What forms do I need for probate in Franklin County?
Franklin County publishes no local probate forms, and Florida publishes no statewide self-help probate form set. Probate filings are petitions prepared under the Florida Probate Rules, and in most cases an attorney prepares the petition. The Clerk's Probate Division can assist with a disposition of personal property without administration.
What does it cost to file probate in Franklin County?
The Clerk's service charge under F.S. 28.2401 is $395 for formal administration and $340 for summary administration of an estate of $1,000 or more, plus a $4 additional charge on the petition (statutory figures verified July 2026). Counties add mandatory statutory charges on top of the base, so confirm the current total with the Clerk at (850) 653-8861 before filing.
Do I have to travel to Apalachicola to settle an estate there?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and papers can be filed by mail with the Clerk at 33 Market Street, Suite 203, Apalachicola, FL 32320. Where a hearing is required, Judge Beato's published policies allow it to be held by Zoom when all parties consent, so ask the Clerk's office at (850) 653-8861.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.