Franklin County probate help.
- Circuit
- 2nd Judicial Circuit
- Clerk probate line
- (850) 653-8861
- E-filing
- Florida Courts E-Filing Portal
- Posted filing fees
- Formal administration Up to $395Summary administration Up to $340Opening an estate Up to $230
- Last checked
- October 16, 2026
Clerk filing details, probate judge assignments, circuit administrative orders and local requirements for Franklin County, each linked to its official page.
New-client intake is closed until late October 2026.
Cities in Franklin County
Apalachicola, Carrabelle, Eastpoint, St. George Island, Alligator Point. County seat: Apalachicola.
Clerk and filing
| Office | Franklin County Clerk of the Circuit Court and Comptroller |
|---|---|
| Address | 33 Market Street, Suite 203, Apalachicola, FL 32320 franklinclerk.com |
| Phone | (850) 653-8861 |
| Hours | Monday to Friday, 8:00 a.m. to 4:30 p.m. |
| E-filing | Florida Courts E-Filing Portal |
| Fee schedule | franklinclerk.com |
E-filing and records search
- The clerk's office began accepting e-filings in May 2012 for Circuit Civil, Family, Probate, County Civil and Juvenile Dependency cases, through the Florida Courts E-Filing Portal. franklinclerk.com
- Original documents such as death certificates, and documents with original signatures such as affidavits, deeds, mortgages and wills, must be filed manually until further standards are adopted. franklinclerk.com
- A filer in Franklin County does not need to follow an e-filing with the paper documents in the civil courts. franklinclerk.com
Probate filing fees posted by the clerk
| Filing | Posted fee | Statute basis |
|---|---|---|
| Formal administration, guardianship, ancillary, curatorship or conservatorship (statutory maximum; $4 petition charge extra) | Up to $395 | § 28.2401(1)(g) sets the maximum at $395; § 28.2401(3) adds $4 on the petition flsenate.gov |
| Summary administration, estate of $1,000 or more (statutory maximum; $4 petition charge extra) | Up to $340 | § 28.2401(1)(e) sets the maximum at $340; § 28.2401(3) adds $4 on the petition flsenate.gov |
| Summary administration, estate under $1,000 (statutory maximum; $4 petition charge extra) | Up to $230 | § 28.2401(1)(f) sets the maximum at $230; § 28.2401(3) adds $4 on the petition flsenate.gov |
| Opening an estate (statutory maximum; not letters or an order of summary administration) | Up to $230 | § 28.2401(1)(a) sets the maximum at $230 flsenate.gov |
| Disposition of personal property without administration (statutory maximum) | Up to $230 | § 28.2401(1)(d) sets the maximum at $230 flsenate.gov |
| Petition and order to admit a foreign will (statutory maximum) | Up to $230 | § 28.2401(1)(c) sets the maximum at $230 flsenate.gov |
| Caveat (statutory maximum) | Up to $40 | § 28.2401(1)(b) sets the maximum at $40 flsenate.gov |
| Guardianship of the person only (statutory maximum; $4 petition charge extra) | Up to $230 | § 28.2401(1)(h) sets the maximum at $230; § 28.2401(3) adds $4 on the petition flsenate.gov |
| Exemplified certificate (statutory maximum) | Up to $7 | § 28.2401(1)(j) sets the maximum at $7 flsenate.gov |
Source: Franklin County Clerk of the Circuit Court and Comptroller fee schedule, checked October 16, 2026. These are the maximum amounts § 28.2401(1) allows. No probate fee schedule was found on the clerk's website on October 16, 2026, so no clerk-posted amount is shown. The clerk's probate page says there is no fee to deposit a will.
Judges and divisions
2nd Judicial Circuit. Serves Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla counties.
| Judge | Division | Assigned by | Order date |
|---|---|---|---|
| Judge Michael Beato | Franklin County, all circuit cases | AO 2026-02, Second Amendment | Signed August 21, 2026; effective immediately |
Courthouses that hear probate
- Franklin County Courthouse, 33 Market Street, Suite 203, Apalachicola, FL 32320; 850-653-8861 2ndcircuit.leoncountyfl.gov probate assignment
- Florida Statutes § 26.021 places Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla counties in the Second Judicial Circuit. flsenate.gov
- Magistrates assigned to Franklin County hear family cases with pro se parties, except uncontested family cases, simplified dissolution of marriage cases, juvenile dependency, termination of parental rights trials, juvenile delinquency and protective injunctions. 2ndcircuit.leoncountyfl.gov
Administrative orders
Orders of the 2nd Judicial Circuit that apply to probate and guardianship cases in Franklin County. Circuit order index.
- AO 2026-02, Second Amendment, Circuit and County Judge Assignments. Date: August 21, 2026 (effective immediately). Assigns all Franklin County circuit cases to Judge Michael Beato and all county court cases to County Judge J. Gordon Shuler.
- AO 2026-04, Courthouse Security. Date: October 8, 2026 (effective immediately). Requires a bailiff to screen every visitor entering a courthouse, courtroom, hearing room or chambers in the Second Circuit.
Local requirements and forms
Filing and venue
- Probate proceedings are held in the circuit court of the county where the deceased was domiciled or owned property. franklinclerk.com
- All guardianship matters in Florida require an attorney (Rule 5.030, cited by the clerk). franklinclerk.com
Wills
- Depositing a will with the clerk has no fee, and a will cannot be deposited for safekeeping while the will maker is alive. franklinclerk.com
Small estates
- A disposition of personal property without administration may be filed without an attorney. The probate clerks process the forms, verify the decedent's assets and prepare the order allowing distribution. franklinclerk.com
E-filing
- Death certificates, wills and documents with original signatures are filed manually, not through the portal. franklinclerk.com
Required filings
- Judge Beato expects a petition for administration to come with an affidavit of heirs, a death certificate, the will if there is one, a personal representative oath if applicable, and all necessary waivers, consents and notices. 2ndcircuit.leoncountyfl.gov
- Judge Beato expects personal representative oaths to conform to Florida Probate Rule 5.320. 2ndcircuit.leoncountyfl.gov
- Judge Beato's page says that when the decedent was over 55, a copy of the death certificate goes to the Agency for Health Care Administration (§ 733.2121(3)(d); Probate Rule 5.241(e)). 2ndcircuit.leoncountyfl.gov
Bond and homestead
- A petition to determine homestead before Judge Beato must state whether the decedent was domiciled in the property, whether it is inside or outside a municipality, and the acreage. A petition to determine exempt personal property must identify and describe the property. 2ndcircuit.leoncountyfl.gov
Hearings
- Judge Beato holds a hearing over Zoom only if both parties consent; otherwise it is in person. 2ndcircuit.leoncountyfl.gov
Proposed orders
- Judge Beato asks parties to email proposed orders to the judicial assistant when petitions and motions are ripe for review. 2ndcircuit.leoncountyfl.gov
Guardianship
- A petition for a guardian of a minor is filed when the minor has inherited money or property of more than $15,000. franklinclerk.com
Forms and checklists
- Clerk probate forms: Disposition of Personal Property without Administration, Waiver and Consent, Statement of Claim, Affidavit of Heirs, Franklin County Clerk
- Disposition of Personal Property Waiver & Consent, Franklin County Clerk
- Probate Statement of Claim, Franklin County Clerk
- Affidavit of Heirs, Franklin County Clerk
- Circuit approved probate forms: Affidavit of Heirs, Formal Administration Opening and Closing Checklists, Summary Administration Checklist (Word), Second Judicial Circuit
Property and homestead
| Office | Franklin County Property Appraiser |
|---|---|
| Homestead | Homestead exemption overview |
| Phone | 850-653-9236 |
| Address | 33 Market Street, Suite 101, Apalachicola, FL 32320 franklincountypa.net |
- Exemption applications are made between January 1 and March 1 of the year for which they apply, and the initial application is made in person at the Property Appraiser's office. franklincountypa.net
- The Property Appraiser's office is open Monday to Friday, 8:00 a.m. to 4:30 p.m. franklincountypa.net
- For the $5,000 widow or widower exemption, the Property Appraiser may ask for the deceased spouse's death certificate. franklincountypa.net
Death certificates
| Office | Florida Department of Health in Franklin County, Apalachicola Clinic |
|---|---|
| Apalachicola Clinic | 139 12th St., Apalachicola, FL 32320, 850-653-2111 |
- Death certificates cover deaths in Florida from 2009 to the present; earlier deaths go to the Bureau of Vital Statistics in Jacksonville or VitalChek. franklin.floridahealth.gov
- A copy of a valid driver's license, passport, state-issued ID or military ID goes with every request, and cause of death is released to family members and legal representatives. franklin.floridahealth.gov
- VitalChek is the only vendor the Department of Health authorizes for online orders. franklin.floridahealth.gov
- The Apalachicola Clinic is at 139 12th St., Apalachicola, FL 32320, phone 850-653-2111. franklin.floridahealth.gov
Records and help
- The clerk's probate department keeps the files on probate estates, wills, trusts and guardianships, and sends a file from the Records Center to the department within two working days of the request. franklinclerk.com
- The Carrabelle Annex is at 912 N.W. Avenue A, Carrabelle, FL 32322. franklinclerk.com
Sources
Last checked: October 16, 2026. Each source shows the text that supports the facts above.
- Florida Statutes § 28.2401, probate service charges and filing fees (2026), checked October 16, 2026
Supporting text
- Fee for formal administration, guardianship, ancillary, curatorship, or conservatorship proceedings .......... $395
- Fee for summary administration - estates valued at $1,000 or more .......... $340
- Fee for summary administration - estates valued at less than $1,000 .......... $230
- Charge for caveat .......... $40
- Fee for disposition of personal property without administration .......... $230
- Fee for guardianship proceedings of person only .......... $230
- Charge for exemplified certificates .......... $7
- An additional service charge of $4 on petitions seeking summary administration, formal administration, ancillary administration, guardianship, curatorship, and conservatorship shall be paid to the clerk.
- Florida Courts E-Filing Portal, checked October 16, 2026
Supporting text
- the Florida Courts E-Filing Portal serves as a single, statewide access point connecting thousands of users to Florida's court system.
- Florida Statutes § 26.021, judicial circuits (2026), checked October 16, 2026
Supporting text
- (1) The first circuit is composed of Escambia, Okaloosa, Santa Rosa, and Walton Counties.
- (2) The second circuit is composed of Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla Counties.
- Second Judicial Circuit, home page, checked October 16, 2026
Supporting text
- Welcome to the 2nd Judicial Circuit of Florida
- Second Judicial Circuit, Administrative Orders page, checked October 16, 2026
Supporting text
- The Chief Judge of each of Florida's 20 judicial circuits has administrative supervision over all courts within the circuit.
- Administrative orders provide guidance to court partners, the public, and to attorneys on a variety of topics, such as judge assignments, court processes, policies, and priorities within the circuit.
- Administrative Order 2026-02, Second Amendment (PDF), checked October 16, 2026
Supporting text
- ADMINISTRATIVE ORDER 2026-02
- SECOND AMENDMENT
- IN RE: CIRCUIT AND COUNTY JUDGE ASSIGNMENTS
- D. Effective Date: This Second Amendment shall be effective immediately and shall supersede Administrative Order 2026-02, First Amendment.
- DONE AND ORDERED in chambers in Tallahassee, Leon County, Florida, this 21st day of August 2026.
- FRANCIS J. ALLMAN CHIEF JUDGE
- I. FRANKLIN COUNTY
- A. Circuit Judge Michael Beato shall be assigned all circuit cases and appeals from final administrative orders of local government code enforcement boards
- Administrative Order 2026-04, Courthouse Security (PDF), checked October 16, 2026
Supporting text
- ADMINISTRATIVE ORDER 2026-04
- IN RE: COURTHOUSE SECURITY
- All visitors entering any Courthouse, courtroom, hearing room, or chambers will be screened by a bailiff prior to entering.
- ORDERED, effective immediately:
- Second Judicial Circuit, Franklin County courthouse page, checked October 16, 2026
Supporting text
- Franklin County 33 Market Street #203 Apalachicola, FL 32320 850-653-8861
- Second Judicial Circuit, Circuit Approved Forms page, checked October 16, 2026
Supporting text
- Probate Forms
- » Affidavit Of Heirs (Word)
- » Formal Administration Closing Checklist (Word)
- » Formal Administration Opening Checklist (Word)
- » Summary Administration Checklist (Word)
- Franklin County Clerk, Probate & Guardianship page, checked October 16, 2026
Supporting text
- The Probate Department maintains the files on probate estates, wills, trusts, and guardianships for both minors and incapacitated persons.
- all Guardianship matters in the State of Florida require an attorney (Rule 5.030)
- Disposition of Personal Property Without Administration may be filed without the assistance of an attorney and is handled by the Clerks in the Probate Department.
- Is there a fee for depositing a will? No.
- Can a Will be deposited with the Court for safekeeping if the testator (will maker) is still alive? No.
- Proceedings are held in the Circuit Court of the county where the deceased was domiciled or owned property.
- The file will be sent to the department within two working days of receiving the request at the Records Center.
- all probate, guardianship, and trust cases are presented to the court for consideration of all orders.
- Guardianships are also filed for minors when the minor child has inherited money or property in excess of $15,000.00
- Franklin County Clerk, Office Locations page, checked October 16, 2026
Supporting text
- Apalachicola Office Mailing & Physical Address 33 Market Street, Suite 203 Apalachicola, FL 32320 Phone Numbers (850) 653-8861
- Operating Hours Monday through Friday from 8:00 AM to 4:30 PM.
- Carrabelle Annex Mailing & Physical Address 912 N.W. Avenue A Carrabelle, FL 32322
- Franklin County Clerk, E-Filing page, checked October 16, 2026
Supporting text
- As of May 2012, the Franklin County Clerk’s Office began accepting electronic filings for Circuit Civil, Family (Domestic Relations), Probate, County Civil, and Juvenile Dependency cases.
- original documents, such as death certificates, or those that contain original signatures such as affidavits, deeds, mortgages, and wills must be filed manually until further standards have been adopted
- There is no need in Franklin County to follow up your e-filing with the paper documents in the Civil Courts.
- The Florida Supreme Court set forth that attorneys will submit all civil court documents electronically as of April 1, 2013
- Franklin County Clerk, Downloadable Forms page, checked October 16, 2026
Supporting text
- Probate Forms Disposition of Personal Property without Administration Disposition of Personal Property Waiver and Consent Statement of Claim Affidavit of Heirs
- Franklin County Clerk, Disposition of Personal Property Waiver & Consent (PDF), checked October 16, 2026
Supporting text
- DISPOSITION OF PERSONAL PROPERTY WAIVER & CONSENT
- Franklin County Clerk, Probate Statement of Claim (PDF), checked October 16, 2026
Supporting text
- IN AND FOR FRANKLIN COUNTY, FLORIDA
- STATEMENT OF CLAIM
- Franklin County Clerk, Affidavit of Heirs (PDF), checked October 16, 2026
Supporting text
- IN AND FOR FRANKLIN COUNTY, FLORIDA
- AFFIDAVIT OF HEIRS
- Judge Michael Beato, Policies and Procedures (PDF, revised July 18, 2026), checked October 16, 2026
Supporting text
- (revised July 18, 2026)
- IV. Probate Cases
- A. When petitions and motions are ripe for review, parties should email proposed orders to the judicial assistant.
- (1) an affidavit of heirs, (2) a death certificate, (3) the decedent's last will and testament, if applicable, (4) a personal representative oath, if applicable, and (5) all necessary waivers, consents, and notices.
- C. Parties should be aware that personal representative oaths are expected to conform to Florida Probate Rule 5.320.
- D. Parties should also be aware that if the decedent is over fifty-five years old, the parties must provide a copy of the decedent's death certificate to the Agency for Health Care Administration.
- (1) whether the decedent was domiciled in the at-issue property, (2) whether the property is located inside or outside of a municipality, and (3) the acreage of the homestead.
- F. For a petition to determine exempt personal property, the petition must identify and sufficiently describe the personal property.
- III. In-Person and Zoom Hearings
- If both parties consent to a Zoom hearing
- Franklin County Property Appraiser, home page, checked October 16, 2026
Supporting text
- Franklin County Property Appraiser
- Franklin County Property Appraiser, Property Tax Exemptions page, checked October 16, 2026
Supporting text
- Application for these exemptions must be made between January 1st and March 1st of the year for which you apply.
- The initial application must be made in person at the Property Appraiser’s office.
- $5000 WIDOWS OR WIDOWERS EXEMPTION
- You may be asked to have a death certificate filed for the deceased spouse when you apply.
- 33 Market Street Suite 101 Apalachicola, Florida 32320 Phone: 850-653-9236
- Office Hours: Monday - Friday 8:00 AM - 4:30 PM ET
- Florida Department of Health in Franklin County, Death Certificates, checked October 16, 2026
Supporting text
- Death certificates are available for deaths occurring in the state of Florida from 2009 to present.
- Any death prior to 2009 must be requested from the Florida Department of Health’s Bureau of Vital Statistics in Jacksonville or through VitalChek®.
- A legible copy of a valid driver’s license, passport, state-issued ID, or military identification card must accompany all requests.
- You must be a family member or legal representative when requesting cause of death.
- Order death certificates online through VitalChek® , the only vendor authorized by the Florida Department of Health.
- Florida Department of Health in Franklin County, Apalachicola Clinic, checked October 16, 2026
Supporting text
- Physical Address: 139 12th St., Apalachicola, FL 32320 Phone: 850-653-2111
