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Wakulla County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Second Judicial Circuit, Wakulla County; probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of Circuit Court and Comptroller (Greg James, CFCC); the Clerk's office directory routes guardianship and probate to a dedicated desk |
| Courthouse | Wakulla County Courthouse, 3056 Crawfordville Highway, Crawfordville, FL 32327; the Clerk publishes no separate P.O. Box, so mail goes to the courthouse address |
| Phone | (850) 926-0300 (main); probate and guardianship desk (850) 926-0301 |
| Fax | 850-926-0936 (Courts departments) |
| [email protected] (general); [email protected] (probate and guardianship desk) | |
| Office hours | Courts Department: Monday to Friday, 8:00 AM to 4:00 PM Eastern, closed legal holidays. The Clerk publishes a grace rule: anyone with a filing or payment deadline who arrives between 4:00 and 5:00 PM is not considered late if they file or pay the next day before the 4:00 PM close |
| Filing fee | Set by statute under F.S. 28.2401 (base service charge $395 formal administration, $340 summary administration of an estate of $1,000 or more, plus a $4 additional charge). The Clerk's own posted fee schedule (revised July 1, 2023; verified July 2026) lists totals of $400 for formal administration, $345 for summary administration over $1,000, $235 for summary administration under $1,000, and $231 for disposition of personal property without administration; confirm the current total with the Clerk before filing |
| Local probate forms | Yes. The Clerk's Court DIY Forms page posts a six-document probate set: an affidavit of heirs, an affidavit of unclaimed funds (F.S. 735.303), a disposition of personal property without administration packet, formal administration checklists for opening and closing an estate, and a joinder, waiver and consent. The Second Judicial Circuit separately publishes approved probate checklists. Florida publishes no statewide self-help probate form set; the petitions for formal or summary administration 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 | Statewide CiviTek Online Court Records Search for Wakulla County (county 65), with a public anonymous access option |
| Remote appearance | Second Judicial Circuit judges publish individual remote-hearing (Zoom) policies, so a remote appearance can be available depending on the judge and the matter. The circuit judge assigned to Wakulla County cases, including probate, J. Layne Smith, publishes no individual procedures, so follow the rules of procedure and court orders and ask his judicial assistant at (850) 926-0308 once a hearing is set |
| Website | https://wakullaclerk.org |
Before you begin — know the assets and liabilities
Before you file anything in Wakulla 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, boat, and parcel of real property, along with every debt, before you go to the Clerk. Whether the decedent's home in Crawfordville, along the coast, or in rural Wakulla County 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 Wakulla County along with Franklin, Gadsden, Jefferson, Leon, and Liberty counties. Within Wakulla, the court covers the whole county, including Crawfordville (the county seat, an unincorporated community), the cities of Sopchoppy and St. Marks (the county's two incorporated municipalities), and Panacea, Medart, Ochlockonee Bay, Shell Point, Wakulla Station, and the surrounding coastal and rural communities. Wakulla probate matters are filed with the Clerk of the Circuit Court at the Wakulla County Courthouse, 3056 Crawfordville Highway in Crawfordville, and are heard on the Circuit Court's docket; under the circuit's judge-assignment order (Administrative Order 2026-02, effective July 1, 2026), Circuit Judge J. Layne Smith is assigned all Wakulla County circuit cases, including probate and guardianship, and the judicial directory at 2ndcircuit.leoncountyfl.gov lists his chambers at the Wakulla courthouse.
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 Wakulla 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.
- Deposit the will if you hold it. Under F.S. 732.901 the custodian of the original will must deposit it with the Clerk of the Circuit Court in the county of venue within 10 days of learning of the death. The Wakulla Clerk charges nothing to deposit a will, requires a death certificate with it, and issues a Receipt for Deposit of Will plus one courtesy certified copy.
- 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 Wakulla 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 DIY Forms page posts supporting probate forms (an affidavit of heirs, formal administration opening and closing checklists, a joinder, waiver and consent, and a disposition packet), and the Second Judicial Circuit publishes approved probate checklists, 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 3056 Crawfordville Highway, Crawfordville, FL 32327. The Courts counter closes at 4:00 PM; under the Clerk's published grace rule, a filer with a deadline who arrives between 4:00 and 5:00 PM is not late if the papers are filed the next day before 4:00 PM.
- Pay the filing fee. The statutory base 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; the Wakulla Clerk's own posted fee schedule (revised July 1, 2023; verified July 2026) lists totals of $400 for formal administration, $345 for summary administration over $1,000, and $231 for disposition of personal property without administration. Confirm the current total with the Clerk 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 assigned to Wakulla County; the Second Judicial Circuit's judge-assignment order (Administrative Order 2026-02, effective July 1, 2026) assigns Circuit Judge J. Layne Smith all Wakulla circuit cases, including probate and guardianship, with chambers at the Wakulla County Courthouse. He publishes no individual practices and procedures, so follow the rules of procedure and court orders, and ask his judicial assistant at (850) 926-0308 whether your matter can be handled remotely once a hearing is set.
- 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 Wakulla County
Wakulla County is one of the rural Florida counties that does publish local probate forms. The Clerk's Court DIY Forms page posts a six-document probate set: an affidavit of heirs, an affidavit of unclaimed funds (F.S. 735.303), a disposition of personal property without administration packet, formal administration checklists for opening and closing an estate, and a joinder, waiver and consent. The disposition packet includes the Clerk's own instructions, and the probate desk will help an eligible family complete that petition and present it to the presiding probate judge. The Second Judicial Circuit, which includes Wakulla County, separately publishes circuit approved probate forms: an affidavit of heirs, formal administration opening and closing checklists, and a summary administration checklist, in Word format. These are checklists and supporting affidavits, not a complete petition packet: Florida publishes no statewide self-help probate form set, the petitions for formal or summary administration are prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530), and Fla. Prob. R. 5.030 requires a Florida-licensed attorney in most administrations. For questions about local intake or what the Crawfordville counter needs, call the probate and guardianship desk at (850) 926-0301.
| Resource | What it provides |
|---|---|
| Wakulla County Clerk, Court DIY Forms (wakullaclerk.org) | The Clerk's probate forms: affidavit of heirs, affidavit of unclaimed funds (F.S. 735.303), disposition of personal property without administration packet, formal administration opening and closing checklists, and joinder, waiver and consent |
| Wakulla County Clerk, probate page | The Clerk's plain-language probate FAQ: depositing a will, what needs probate, and the documents required for a disposition of personal property without administration |
| Second Judicial Circuit approved forms (2ndcircuit.leoncountyfl.gov) | The circuit's approved probate forms: affidavit of heirs, formal administration opening and closing checklists, and summary administration checklist, 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 |
Fees
Florida sets the Clerk's base probate service charges by statute (F.S. 28.2401): formal administration $395, summary administration $340 for an estate of $1,000 or more, and disposition of personal property without administration $230, plus a $4 additional service charge on administration petitions. On top of that statutory base, counties add further mandatory statutory charges, so the Clerk's published total is higher than the bare base. The Wakulla County Clerk publishes its own schedule of fees and service charges (revised July 1, 2023, posted on wakullaclerk.org; verified July 2026); its probate totals are below.
| Filing | Fee | Authority |
|---|---|---|
| Formal administration | $400.00 | Wakulla County Clerk fee schedule (F.S. 28.2401 base plus statutory add-ons) |
| Summary administration, estate greater than $1,000 | $345.00 | Wakulla County Clerk fee schedule |
| Summary administration, estate less than $1,000 | $235.00 | Wakulla County Clerk fee schedule |
| Disposition of personal property without administration | $231.00 | Wakulla County Clerk fee schedule; the Clerk's disposition packet states the same $231 filing fee |
| Petition for homestead property only | $231.00 | Wakulla County Clerk fee schedule |
| Petition to determine heirs | $231.00 | Wakulla County Clerk fee schedule |
| Petition to open a safe-deposit box | $231.00 | Wakulla County Clerk fee schedule |
| Caveat or notice of trust | $41.00 | Wakulla County Clerk fee schedule |
| Reopening a closed case | $50.00 | Wakulla County Clerk fee schedule |
| Deposit of will | No charge | Wakulla County Clerk fee schedule and probate page |
The schedule is a PDF linked from the Fee Schedule menu on wakullaclerk.org. Checks are payable to Greg James, Clerk of Circuit Court; credit and debit cards are accepted with a non-refundable provider charge. Certified copies of a deposited will run $1.00 per page plus $2.00 per certification (Clerk's published rate, consistent with F.S. 28.24; verified July 2026). Fee amounts change when the Legislature amends the statutory charges, so confirm the current total with the Clerk at (850) 926-0301 before filing.
Local nuance
Wakulla County-specific considerations
The probate desk helps with dispositions without administration. The Clerk's published office directory routes guardianship and probate to a dedicated desk, reached at (850) 926-0301 or [email protected] (fax 850-926-0936). For an estate that qualifies for disposition of personal property without administration under F.S. 735.301, the Clerk posts a packet on its Court DIY Forms page, and its staff will help an eligible family complete the petition and present it to the presiding probate judge; the packet states the $231 filing fee from the Clerk's schedule under F.S. 28.2401 (verified July 2026). The desk does not supply the petitions for formal or summary administration.
The Courts counter closes at 4:00 PM, with a published grace rule. The Clerk's Courts Department is open 8:00 AM to 4:00 PM Monday to Friday, an hour earlier than the Official Records side, a schedule the Clerk attributes to a funding reduction. The Clerk publishes a grace rule: anyone with a filing or payment deadline who comes to the courthouse between 4:00 and 5:00 PM is not considered late if they file or pay the next day before the 4:00 PM close.
Depositing a will is free and documented. Under F.S. 732.901 the custodian of an original will must deposit it with the Clerk within 10 days of learning of the death. The Wakulla Clerk charges no fee, requires a death certificate with the original will, and issues a Receipt for Deposit of Will showing the case number plus one courtesy certified copy of the will on deposit.
The assigned circuit judge keeps chambers at the Crawfordville courthouse. The Second Judicial Circuit's judge-assignment order, Administrative Order 2026-02 (effective July 1, 2026), assigns Circuit Judge J. Layne Smith all Wakulla County circuit cases, criminal, civil, family, probate, and guardianship, and the circuit's judicial directory lists his chambers at the Wakulla County Courthouse, 3056 Crawfordville Highway; his judicial assistant, Deanna Gravius, is at (850) 926-0308. Judge Smith's posted procedures state that he has no individual practices and procedures, so follow the rules of procedure and court orders. Assignments change by administrative order, so confirm the current assignment on the circuit's site. Case records are searched through the statewide CiviTek Online Court Records Search for Wakulla County (county 65).
Recent updates
| Date | Change |
|---|---|
| July 2026 | The Second Judicial Circuit's judge-assignment order, Administrative Order 2026-02 (signed May 20, 2026), took effect on July 1, 2026; it assigns Circuit Judge J. Layne Smith all Wakulla County circuit cases, including probate and guardianship. |
| January 2025 | Greg James, CFCC, first elected Clerk of Circuit Court and Comptroller in August 2020, was re-elected and began a new term (per the Clerk's published bio). |
| July 2023 | The Clerk's current posted schedule of fees and service charges took effect (revised July 1, 2023), including the probate totals shown on this page under the F.S. 28.2401 framework. |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Wakulla County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Crawfordville, coastal, or rural Wakulla 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 (the Clerk's schedule lists a $231 charge for a petition for homestead property only, on the F.S. 28.2401 fee framework, verified July 2026). 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), a petition the Wakulla Clerk's probate desk helps eligible families complete. Both are filed with the Wakulla Clerk, and because filings move through the statewide e-filing portal, an out-of-state filer can usually work with Florida counsel without repeated trips to Crawfordville. | 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 at the Wakulla courthouse, and whether steps can be handled remotely depends on the judge's direction in the case. | 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 |
|---|---|
| Wakulla County Clerk of Circuit Court and Comptroller, (850) 926-0300 (wakullaclerk.org) | The filing office for probate; the probate and guardianship desk at (850) 926-0301, local probate forms, the posted fee schedule, a plain-language probate FAQ, hours, and case search |
| Florida's Second Judicial Circuit (2ndcircuit.leoncountyfl.gov) | Court administration for Wakulla County, the judicial directory with current assignments and judicial assistants, judges' posted procedures, circuit approved probate forms, and administrative orders |
| 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, Tallahassee office, 2119 Delta Blvd., (850) 385-9007 (lsnf.org) | Free civil legal help for income-eligible residents; the Tallahassee office serves Wakulla, Franklin, Jefferson, and Leon counties, and 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 Wakulla 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 Wakulla 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, Wakulla County real estate, and unclaimed property, so you know the estate's value and which Florida estate settlement path fits 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 Crawfordville 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 Wakulla 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 Wakulla County?
With the Clerk of the Circuit Court at the Wakulla County Courthouse, 3056 Crawfordville Highway, Crawfordville, FL 32327. Wakulla is in the Second Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court, and the Clerk's probate and guardianship desk is reached at (850) 926-0301.
Do I have to e-file probate in Wakulla 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 Crawfordville. The Courts counter is open 8:00 AM to 4:00 PM Monday to Friday.
Do I need an attorney for probate in Wakulla 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 Wakulla administrations are handled through counsel. A disposition of personal property without administration is the exception the Clerk's probate desk can help with directly.
Who hears probate cases in Wakulla County?
Circuit Judge J. Layne Smith. The Second Judicial Circuit's judge-assignment order (Administrative Order 2026-02, effective July 1, 2026) assigns him all Wakulla County circuit cases, including probate and guardianship, and the circuit's judicial directory lists his chambers at the Wakulla County Courthouse in Crawfordville; his judicial assistant can be reached at (850) 926-0308. Assignments change by administrative order, so check the directory at 2ndcircuit.leoncountyfl.gov or ask the Clerk's office when you file.
Can I appear remotely for a Wakulla County probate hearing?
Sometimes. Second Judicial Circuit judges publish individual remote-hearing (Zoom) policies, so a remote appearance can be available depending on the judge and the matter. Judge Smith publishes no individual practices and procedures, so follow the rules of procedure and court orders in your case, and ask his judicial assistant at (850) 926-0308 whether a hearing can be held remotely once it is set.
Can I look up a Wakulla County probate case online?
Yes. Court records are searched through the statewide CiviTek Online Court Records Search for Wakulla County (county 65), which offers a public anonymous access option. To confirm a filing you can also call the Clerk's probate desk at (850) 926-0301.
What forms do I need for probate in Wakulla County?
The Clerk's Court DIY Forms page posts an affidavit of heirs, an affidavit of unclaimed funds (F.S. 735.303), a disposition of personal property without administration packet, formal administration checklists for opening and closing an estate, and a joinder, waiver and consent. The Second Judicial Circuit publishes approved probate checklists that also apply in Wakulla. Florida publishes no statewide self-help probate form set, so the petitions for formal or summary administration are prepared under the Florida Probate Rules, in most cases by an attorney.
What does it cost to file probate in Wakulla County?
The statutory base 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. The Wakulla Clerk's own posted fee schedule (revised July 1, 2023; verified July 2026) lists totals of $400 for formal administration, $345 for summary administration over $1,000, $235 for summary administration under $1,000, and $231 for disposition of personal property without administration. Confirm the current total with the Clerk at (850) 926-0301 before filing.
How do I deposit a will with the Wakulla County Clerk?
Bring or send the original will, with a death certificate, to the Clerk of the Circuit Court at 3056 Crawfordville Highway in Crawfordville. Under F.S. 732.901 the custodian of the will must deposit it within 10 days of learning of the death, and must supply the decedent's date of death and social security number. There is no charge; the Clerk issues a Receipt for Deposit of Will with the case number and one courtesy certified copy. Additional certified copies are $1.00 per page plus $2.00 per certification (Clerk's published rate, consistent with F.S. 28.24; verified July 2026).
Do I have to travel to Crawfordville 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 3056 Crawfordville Highway, Crawfordville, FL 32327, and case records can be checked online through the CiviTek search. Where a hearing is required, ask the judicial assistant at (850) 926-0308 whether it 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.