Overview
Leon County is located in Florida with a population of approximately 300,488. The Leon County Clerk of the Circuit Court and Comptroller (Probate Division) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by Chapters 731-735 of the Florida Statutes. The process begins with filing a Petition for Administration to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Florida offers Summary Administration for estates valued at $75,000 or less (excluding exempt property) or if the decedent has been dead for more than two years. There is also a Disposition of Personal Property without Administration for very small estates to reimburse funeral and medical expenses.
Florida does not have a statutory fee schedule for attorneys based on a percentage of the estate, but reasonable fees are presumed based on the estate's value (e.g., roughly 3% for estates between $100k and $1M). Personal representatives are also entitled to a commission, typically 3% of the first $1 million.
This guide provides an informational overview of the Leon County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Leon County Clerk of the Circuit Court and Comptroller
Probate matters in Leon County are handled at the Leon County Courthouse.
Address: 301 S. Monroe St., #100, Tallahassee, FL 32301
Phone: (850) 606-4000 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is located in the Clerk's office within the courthouse. It is part of the Second Judicial Circuit of Florida.
Parking and Access
There is limited metered parking on the streets near the courthouse. Several public parking garages are available in downtown Tallahassee within walking distance. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Administration: If the estate is valued at $75,000 or less (excluding exempt property) or the decedent has been dead for more than 2 years.
- Disposition of Personal Property without Administration: For very small estates consisting only of personal property to reimburse the person who paid for funeral or medical expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Administration with the Leon County Clerk of the Circuit Court and Comptroller. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400)
- Oath of Personal Representative
- Designation of Resident Agent
Note: Florida law generally requires an attorney for formal administration unless the personal representative is the sole interested person. E-filing is mandatory for attorneys via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if applicable) and Notice of Administration to all heirs, beneficiaries, and interested parties.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Leon County for two consecutive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested matters are handled ex parte. If approved, the judge issues Letters of Administration (or Letters Testamentary).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors (3-month creditor claim period)
- Inventory and appraise all estate assets within 60 days of appointment
- Pay valid creditor claims and taxes
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and Petition for Discharge
Local Requirements
Leon County-Specific Procedures
- E-filing: Attorneys must file documents electronically via the Florida Courts E-Filing Portal.
- Attorney Requirement: Florida Probate Rule 5.030 requires that every personal representative be represented by an attorney admitted to practice in Florida, unless the personal representative is the sole interested person.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Leon County, such as the Tallahassee Democrat.
- Local Forms: The Second Judicial Circuit provides some checklists and forms, but generally relies on Florida Bar standard forms.
Check the Second Judicial Circuit Administrative Orders for any specific local rules regarding probate divisions.
Timeline & Fees
Filing Fees (Leon County)
- Formal Administration: approximately $400
- Summary Administration: approximately $235 (assets <$1,000) to $345 (assets >$1,000)
- Disposition of Personal Property: approximately $231
- Certified copies: approximately $1.00 per page + $2.00 for certification
- Publication costs: approximately $100-$300 depending on the newspaper
Florida statutes provide a presumption of reasonable attorney fees (e.g., roughly $1,500 for estates up to $40k; $2,250 for up to $70k; 3% for $100k-$1M).
Payment Methods
The court accepts cash, checks, money orders, and credit cards (with a service fee).
Estimated Timelines
- Simple estates (Summary Administration): 1-2 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 12 months to several years
The creditor claim period in Florida is 3 months from the date of first publication of the Notice to Creditors, which sets a minimum timeline for closing formal estates.
Local Resources
Leon County Court Resources
- Court Website: cms.leoncountyfl.gov
- Probate Division: Leon County Clerk Probate
- Florida Courts E-Filing: myflcourtaccess.com
Legal Aid and Attorney Referrals
- Tallahassee Bar Association: (850) 222-3292 — Lawyer Referral Service
- Legal Services of North Florida: (850) 385-9007 — Legal Aid
- The Florida Bar: floridabar.org
Publication
- Tallahassee Democrat: (850) 599-2100 — tallahassee.com
- Leon County Public Notices: publicnotices.leoncountyfl.gov