Someone you love died, and now there’s paperwork. A folder of documents nobody explained. A house that can’t be sold, an account the bank won’t release, a court process you didn’t know existed until this week.
I handle probate for families across Franklin County — from my office upstairs at the Apalachicola Post Office, at your kitchen table, or entirely by phone and email if you live out of state. You don’t need to understand any of this before you call. That’s my job.
Probate is the court process that transfers what someone owned to the people entitled to receive it. A judge confirms the will is valid, appoints someone to handle the estate, makes sure creditors get notice, and then authorizes the property to pass.
It exists to protect everyone involved — but it’s a court proceeding, which means forms, deadlines, and rules that aren’t obvious. Most families don’t need to learn them. They need someone to handle it.
Not every estate requires full probate. Some qualify for a shortened process. Some don’t need court at all. Figuring out which one applies to you is the first conversation we’d have, and it’s free.
If you’ve just lost someone and you’re not sure what to do, start here. Nothing on this list is urgent today
Every estate is different, but here’s the honest shape of it.
1. Filing — first few weeks
We prepare and file the petition with the Franklin County Clerk of Court, along with the original will and death certificate. The court appoints a personal representative and issues Letters of Administration, which is the document that finally lets you act on the estate’s behalf.
2. Notice to creditors — month one
We publish notice in a Franklin County newspaper of general circulation for two consecutive weeks, and serve known creditors directly. This starts the clock.
3. The claims period — three months
Creditors have three months from first publication to file claims. This is the part nobody can shorten. Most of the waiting in probate happens here.
4. Inventory and administration — ongoing
We file an inventory of estate assets, handle any valid claims, deal with taxes if applicable, and prepare accountings as required.
5. Distribution and closing — after the claims period
Once claims are resolved, we petition for distribution, transfer the property to the beneficiaries, and close the estate.
Realistic total: A summary administration can finish in six to twelve weeks. A formal administration typically runs six to nine months. Estates with disputes, unclear title, or complications take longer — and I’ll tell you early if I think yours is one of them.
For smaller estates or when death occurred more than two years ago.
The standard process for most estates.
When someone died out of state but owned property here.
I’ve handled probate matters in Franklin County — filing with the Clerk here, publishing notice in the local paper, working with this court’s preferences on forms and affidavits. Small counties run on their own habits, and knowing them saves everyone time.
If you’re out of state, you don’t need to travel. I can handle nearly all of a Florida probate remotely, and most personal representatives who live elsewhere never set foot in the courthouse. We’ll do it by phone, email, and mail.
The first conversation is free, and there’s no obligation. Bring whatever you have — or bring nothing at all. We’ll start by figuring out what you’re actually dealing with
Almost certainly not. Order certified copies of the death certificate, find the original will, and don't distribute anything yet. Beyond that, the first few weeks won't cost you anything. Take the time you need.
No. Property held jointly with right of survivorship, accounts with named beneficiaries, life insurance, and real estate covered by a Lady Bird deed all pass outside probate. If everything the person owned falls into those categories, there may be nothing to file.
Probate still happens — Florida's intestacy statutes determine who inherits instead of a will. The process is largely the same, though the court may require an affidavit identifying the heirs.
Whoever the will names, if they're qualified. Without a will, Florida law sets an order of preference, generally starting with the surviving spouse and then the heirs. Non-residents can serve only if they're related to the decedent by blood, marriage, or adoption.
For formal administration, yes — Florida requires the personal representative to be represented by an attorney in nearly all cases. Summary administration has narrow exceptions, but they rarely apply cleanly.
It depends on the type and complexity. I quote a flat fee for straightforward matters so you know the number before we begin. Court filing fees and publication costs are separate and are paid from the estate.
The estate does, not you personally. Attorney's fees and costs come out of estate assets before distribution.
Summary administration usually finishes in six to twelve weeks. Formal administration typically runs six to nine months, driven mostly by the three-month creditor claims period that can't be shortened.
The claims period is fixed by statute. What we can control is how quickly things get filed and how cleanly the paperwork is prepared — most delays come from incomplete filings and requests for additional documentation, not from the court.
It depends on whether it's homestead property, who survives, and what the will says. Florida homestead is treated differently from other assets and is often protected from creditors. This is usually the most important question in a Franklin County estate, and it's worth getting right.
Generally no. Debts are paid from estate assets. If the estate can't cover them, most creditors go unpaid — they don't become your personal obligation. Exceptions exist for jointly held debt or accounts you cosigned.
There are procedures for insolvent estates, and Florida sets an order of priority for which debts get paid. If there's nothing to distribute, sometimes the right answer is a much simpler proceeding — or none at all.
Often yes, with court authority or if the will grants the power of sale. It's a common need, particularly when the family can't keep carrying the insurance and taxes. Tell me early if this is on the table.
With the Clerk of the Circuit Court in Apalachicola. Franklin County is part of Florida's Second Judicial Circuit.
Usually not, and if you do, it's to meet with me rather than to appear in court. Most probate matters are handled entirely on paper. Personal representatives who live out of state typically never attend a hearing.
No, and this is one of the most common situations I see here. Families keep living on the property and maintaining it, but the title was never cleared — so it can't be sold, mortgaged, or properly insured. It's fixable. If more than two years have passed, summary administration may be available, which is often simpler than the original probate would have been.
The court will want an affidavit identifying the heirs. In families with several generations of Franklin County history, this can take some genealogical work. It's routine, just occasionally tedious.
Their Florida real estate requires an ancillary probate here, separate from the proceeding in their home state. I handle these regularly for out-of-state families, and it can be done almost entirely remotely.
Yes, and it's usually simpler than people expect. A Lady Bird deed on the house, correct beneficiary designations, and a well-drafted will handle most of it. That's a conversation for later — but it's worth having once things settle.
Going through probate is what makes most people finally do their own planning. When you’re ready — no rush.
Lady Bird Deeds — pass your home without any of this
Wills — say who receives what, and who’s in charge
Trusts — for larger or more complicated estates
Most people aren’t. Call and we’ll sort out what you’re actually facing — free, no obligation, and no need to prepare anything first.
