Back to Florida
Gadsden County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Second Judicial Circuit, Gadsden County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Nicholas Thomas); probate is handled in the Circuit Civil Division, Room 108 |
| Courthouse | Gadsden County courthouse, 10 East Jefferson Street, Quincy, FL 32351 |
| Mailing address | Gadsden County Clerk of the Circuit Court, P.O. Box 1649, Quincy, FL 32353-1649 (note that the post office box ZIP differs from the courthouse ZIP) |
| Phone | (850) 875-8601; probate is extension 7037 |
| [email protected] | |
| Office hours | Monday to Friday, 8:30 AM to 5:00 PM; closed legal holidays; call ahead to confirm current hours |
| Filing fee | The Clerk's published fee schedule (as of October 1, 2024, verified July 2026) lists formal administration at $400, summary administration at $345 for an estate of $1,000 or more and $235 for a smaller estate, and disposition of personal property without administration at $231. The statutory base for these service charges is set by F.S. 28.2401 ($395 formal, $340 summary of $1,000 or more, plus a $4 additional charge on the petition). |
| Local probate forms | The Clerk's court forms page posts probate checklists (opening and closing a formal administration, and summary administration) and a probate affidavit of heirs, the same set the Second Judicial Circuit publishes as circuit approved probate forms. Florida publishes no statewide self-help probate form set; the petitions themselves are 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 | The Clerk's CourtScribe Public Inquiry, a public court records search that can be used without an account |
| Probate clinic | A free walk-in probate clinic at the courthouse (conference room, basement floor) on the first Wednesday of each month, 9:30 to 11:30 AM, with 20-minute consultations on a first-come basis, per the Clerk's posted announcement; call (850) 875-8601 to confirm before you go |
| Remote appearance | Second Judicial Circuit judges publish individual remote-hearing (Zoom) policies that typically cover uncontested matters; whether a remote appearance is available depends on the judge assigned to your case, so check the judge's posted procedures on the circuit website or ask the judicial assistant once a hearing is set |
| Website | https://www.gadsdenclerk.com |
Before you begin — know the assets and liabilities
Before you file anything in Gadsden 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 Quincy or rural Gadsden County home 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 Gadsden County along with Franklin, Jefferson, Leon, Liberty, and Wakulla counties. Within Gadsden, the court covers the whole county, including Quincy (the county seat), Havana, Chattahoochee, Gretna, Midway, Greensboro, and the surrounding rural communities. Gadsden probate matters are filed with the Clerk of the Circuit Court at the courthouse at 10 East Jefferson Street in Quincy and are heard by the circuit judge currently assigned to Gadsden County; the circuit's judicial directory at 2ndcircuit.leoncountyfl.gov lists the current assignments.
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 Gadsden County for a decedent who lived here. There is no free-standing probate court; the Clerk handles probate within its Circuit Civil Division, in Room 108 of the courthouse.
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 Gadsden 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). The Clerk's court forms page posts checklists for opening and closing a formal administration and for summary administration, plus a probate affidavit of heirs, but Florida publishes no statewide self-help probate form set, 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). A self-represented filer may register and e-file through the portal or file on paper at the Clerk's counter at 10 East Jefferson Street, Quincy (probate is in Room 108), or by mail to P.O. Box 1649, Quincy, FL 32353-1649.
- Pay the filing fee. The Clerk's published fee schedule (as of October 1, 2024, verified July 2026) lists formal administration at $400, summary administration at $345 for an estate of $1,000 or more and $235 for a smaller estate, and disposition of personal property without administration at $231; the statutory base for these service charges is F.S. 28.2401. Confirm the current total with the Clerk at (850) 875-8601, extension 7037, before filing.
- 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 the circuit judge currently assigned to Gadsden County. Second Judicial Circuit judges publish individual remote-hearing (Zoom) policies that typically cover uncontested matters, so ask the assigned judge's judicial assistant whether your matter can be handled remotely; the circuit's judicial directory at 2ndcircuit.leoncountyfl.gov lists each judge's assistant and phone number.
- 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 Gadsden County
Gadsden County is one of the rural Florida counties that actually posts local probate paperwork. The Clerk's court forms page hosts a formal administration checklist for opening an estate, a formal administration checklist for closing an estate, a summary administration checklist, and a probate affidavit of heirs, and the Second Judicial Circuit publishes the same four documents as circuit approved probate forms. These are checklists and a supporting affidavit, not a complete petition packet: Florida publishes no statewide self-help probate form set (Florida Courts Help states that it does not provide probate forms), and the petitions themselves are prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530). Because Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations, in most estates 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 Quincy counter needs, call the Clerk of the Circuit Court at (850) 875-8601, extension 7037.
| Resource | What it provides |
|---|---|
| Gadsden Clerk court forms page (gadsdenclerk.com) | The Clerk's own court forms, including the formal administration opening and closing checklists, the summary administration checklist, and the probate affidavit of heirs |
| Second Judicial Circuit approved forms (2ndcircuit.leoncountyfl.gov) | The circuit's approved probate forms, the same checklists and affidavit of heirs in Word format |
| 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 |
Local nuance
Gadsden County-specific considerations
A free monthly probate clinic meets at the courthouse. The Clerk of the Circuit Court hosts a free walk-in probate clinic, conducted by a volunteer probate attorney, on the first Wednesday of each month from 9:30 to 11:30 AM in the conference room on the basement floor of the Gadsden County courthouse. Consultations run about 20 minutes, first come first served, and the clinic is open to all Gadsden County residents at no charge, per the Clerk's posted announcement. Call the Clerk at (850) 875-8601 to confirm the clinic is meeting before you go.
File to a post office box or at the counter, and watch the ZIP code. The Clerk's physical courthouse is 10 East Jefferson Street, Quincy, FL 32351, with probate intake in the Circuit Civil Division in Room 108, but mail is directed to P.O. Box 1649, Quincy, FL 32353-1649, a different ZIP code than the courthouse. Attorneys e-file through the statewide portal; a self-represented filer may e-file, mail the papers to the post office box, or file in person at the counter.
Case search runs through the Clerk's own CourtScribe system. Gadsden County does not use the statewide CiviTek search used by many neighboring rural counties. Court records are searched through the Clerk's CourtScribe Public Inquiry, which can be used without an account; only records classified as public under Florida law are shown. To confirm a filing, you can also call the Clerk's office directly.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Gadsden County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Quincy or rural Gadsden County 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 Gadsden Clerk, and because filings move through the statewide e-filing portal and Second Judicial Circuit judges publish remote-hearing (Zoom) policies for uncontested matters, an out-of-state filer can usually work with Florida counsel without repeated trips to Quincy. | 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 the circuit judge assigned to Gadsden County, often remotely for uncontested steps. | 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 |
|---|---|
| Gadsden County Clerk of the Circuit Court, (850) 875-8601 (gadsdenclerk.com) | The filing office for probate; local intake questions, filing by mail or in person, probate checklists, the published fee schedule, and the CourtScribe case search |
| Gadsden County probate clinic, Gadsden County courthouse, first Wednesday of each month, 9:30 to 11:30 AM | Free walk-in 20-minute consultations with a volunteer probate attorney, open to all Gadsden County residents; posted by the Clerk, so call (850) 875-8601 to confirm before you go |
| Florida's Second Judicial Circuit (2ndcircuit.leoncountyfl.gov) | Court administration for Gadsden County, the judicial directory with current assignments, judges' policies and procedures, circuit approved probate forms, and remote-hearing information |
| 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, Quincy office, 121 N. Jackson Street, (850) 875-9881 (lsnf.org) | Free civil legal help for income-eligible residents; the Quincy office serves Gadsden, Calhoun, Jackson, and Liberty counties |
| 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 Gadsden 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 Gadsden 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, Gadsden County real estate, and unclaimed property, so you know the estate's value and which Florida path fits your estate settlement before you file.
Generate the probate packet. Sunset assembles the petition and supporting paperwork for your path, ready to file with the Clerk of the Circuit Court in Quincy 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 Gadsden 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 Gadsden County?
With the Clerk of the Circuit Court at the Gadsden County courthouse, 10 East Jefferson Street, Quincy, FL 32351 (probate is handled in the Circuit Civil Division, Room 108), or by mail to P.O. Box 1649, Quincy, FL 32353-1649. Gadsden 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 Gadsden 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 Quincy or by mail to the Clerk's post office box.
Do I need an attorney for probate in Gadsden 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 Gadsden administrations are handled through counsel.
Who hears probate cases in Gadsden County?
The circuit judge currently assigned to Gadsden County in the Second Judicial Circuit. Assignments rotate among the circuit's judges, so check the circuit's judicial directory at 2ndcircuit.leoncountyfl.gov for the judge and judicial assistant on your case, or ask the Clerk's office when you file.
Can I appear remotely for a Gadsden County probate hearing?
Often yes for uncontested matters. Second Judicial Circuit judges publish individual remote-hearing (Zoom) policies, and uncontested matters are the kind those policies typically allow to be heard remotely. Whether a remote appearance is available depends on the judge assigned to your case, so check the judge's posted procedures on the circuit website or ask the judicial assistant when a hearing is set.
Can I look up a Gadsden County probate case online?
Yes. Court records are searched through the Clerk's CourtScribe Public Inquiry, which can be used without an account and shows records classified as public under Florida law. To confirm a filing you can also call the Clerk of the Circuit Court at (850) 875-8601.
What forms do I need for probate in Gadsden County?
The Clerk's court forms page posts probate checklists for opening and closing a formal administration and for summary administration, plus a probate affidavit of heirs; the Second Judicial Circuit publishes the same documents as circuit approved forms. Florida publishes no statewide self-help probate form set, so the petitions themselves are prepared under the Florida Probate Rules, in most cases by an attorney. Contact the Clerk at (850) 875-8601, extension 7037, for questions about local intake.
What does it cost to file probate in Gadsden County?
The Clerk's published fee schedule (as of October 1, 2024, verified July 2026) lists formal administration at $400, summary administration at $345 for an estate of $1,000 or more and $235 for a smaller estate, and disposition of personal property without administration at $231. The statutory base for these service charges is set by F.S. 28.2401. Confirm the current total with the Clerk at (850) 875-8601 before filing.
Is there free probate help in Gadsden County?
Yes. The Clerk hosts a free walk-in probate clinic with a volunteer probate attorney on the first Wednesday of each month, 9:30 to 11:30 AM, in the conference room on the basement floor of the courthouse, with 20-minute consultations first come first served; call (850) 875-8601 to confirm it is meeting. Income-eligible residents can also contact Legal Services of North Florida's Quincy office at (850) 875-9881.
Do I have to travel to Quincy to settle an estate there?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, papers can be mailed to the Clerk at P.O. Box 1649, Quincy, FL 32353-1649, and Second Judicial Circuit judges publish remote-hearing (Zoom) policies that typically cover uncontested matters. Ask the assigned judge's judicial assistant whether a hearing can be held remotely.
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.