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Leon County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Second Judicial Circuit, Leon County (Probate Division); probate is a division of the Circuit Court, not a separate court |
| Filing office | Clerk of the Circuit Court and Comptroller (Gwen Knight), Probate Division |
| Courthouse | Leon County Courthouse, 301 South Monroe Street, Suite 100, Tallahassee, FL 32301; the Clerk publishes this street address for both mail and in-person filing (no separate post office box) |
| Phone | (850) 606-4180 (Probate Division); (850) 606-4000 (Clerk general information) |
| Fax | (850) 606-4179, the number the Clerk publishes for Probate, Wills and Estates |
| Office hours | Monday to Friday, 8:00 AM to 4:30 PM; closed weekends and legal holidays |
| Filing fee | The Clerk's published fee schedule (under Probate, F.S. 28.2401, verified July 2026) lists formal administration $400.00, summary administration $345.00 for an estate of $1,000 or more and $235.00 for a smaller estate, disposition of personal property without administration $231.00, and caveat $41.00. The statutory base for these service charges is set by F.S. 28.2401 (formal administration $395, summary administration $340 for estates of $1,000 or more, plus a $4 additional charge on the petition) |
| Local probate forms | The Clerk's Probate Division posts local checklists and forms (checklists for opening and closing an estate, a summary administration checklist, an affidavit of heirs, and disposition-without-administration paperwork), and the Second Judicial Circuit publishes the matching 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 | Florida Courts E-Filing Portal (myflcourtaccess.com), mandatory for attorneys and optional for self-represented filers, who may also file on paper at the Clerk's counter. Original wills and other original documents are filed on paper with the Probate Division |
| Case search | The Clerk's public court records search, reached from the Court Records page on leonclerk.com (hosted at lforms.leonclerk.com), includes Circuit Probate case types along with civil, criminal, and traffic; searching the docket is free and requires no account. Viewing case document images requires the Clerk's Secure Web account, set up through a notarized application. A separate Historic Probate Lookup finds case numbers for older probate cases kept on microfilm |
| Remote appearance | Second Judicial Circuit judges publish individual procedures on the circuit website; the current published procedures of the circuit judge assigned to Leon and Jefferson counties (February 2026) provide that hearings set for two hours or less are typically held by Zoom. Whether a remote appearance is available depends on the judge assigned to your case, so check the judge's posted procedures or ask the judicial assistant once a hearing is set |
| Website | https://leonclerk.com |
Before you begin — know the assets and liabilities
The most common misstep is filing before you know what the estate holds and which administration path fits. Florida has three routes: formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), and disposition of personal property without administration (F.S. 735.301). Which one applies depends on the value and type of the assets, whether the decedent left Florida real property, and how long ago the death occurred; the thresholds are statewide and are covered on the Florida state page. Homestead real property often passes outside the probate estate, so a Tallahassee home can transfer to the family while the estate subject to administration stays small.
Before you file, identify every bank and credit-union account, brokerage and retirement account, life-insurance policy, vehicle, business interest, and parcel of Leon County real estate, along with every debt, and identify each heir and beneficiary by name. Only then can you pick the right path, calculate the correct filing fee, and decide whether counsel is needed. 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 Leon County along with Franklin, Gadsden, Jefferson, Liberty, and Wakulla counties. Within Leon, the court covers the whole county, including Tallahassee (the county seat and state capital) and the unincorporated communities of Woodville, Fort Braden, Miccosukee, Chaires, Bradfordville, and Centerville. Leon probate matters are filed with the Clerk of the Circuit Court and Comptroller at the Leon County Courthouse, 301 South Monroe Street, Suite 100, in Tallahassee, and are heard by the circuit judge assigned to Leon County probate matters; the circuit's judicial directory at 2ndcircuit.leoncountyfl.gov lists each judge, judicial assistant, and phone number.
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, the estate of a Leon County resident, or of an out-of-state decedent holding Leon County real property, is filed here.
The jurisdiction process
- Confirm venue and choose the path. Leon County is the right court when the decedent was domiciled here at death or, for a decedent with no Florida domicile, owned property here (F.S. 733.101). Decide, based on the assets and the time since death, whether the estate needs formal administration (F.S. Chapter 733), qualifies for summary administration (F.S. 735.201), or fits disposition of personal property without administration (F.S. 735.301); the statewide thresholds 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. Most Leon formal and summary administrations therefore involve counsel; disposition without administration and sole-interested-person matters can proceed without a lawyer.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts with values, and the names and addresses of the beneficiaries and other interested persons. Florida's estate representative is the personal representative in every case, whether or not there is a will (F.S. 731.201).
- 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 Probate Division posts local checklists for opening and closing an estate and for summary administration, plus an affidavit of heirs, but Florida publishes no statewide self-help probate form set, so in most cases an attorney prepares and files the petition.
- File with the Clerk of the Circuit Court and Comptroller. Attorneys must e-file through the 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 Probate Division counter at 301 South Monroe Street, Suite 100, Tallahassee. Original wills and other original documents are filed on paper with the Probate Division.
- Pay the filing fee for the path. The Clerk's published fee schedule (verified July 2026) lists formal administration $400.00, summary administration $345.00 for an estate of $1,000 or more or $235.00 if under $1,000, and disposition of personal property without administration $231.00; the statutory base for these service charges is F.S. 28.2401. Confirm the current total with the Clerk before filing.
- Give notice. In a formal administration, serve the notice of administration on interested persons and publish and serve the notice to creditors. 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 F.S. 733.710 bars all claims 2 years after death.
- Attend any hearing. The petition is presented to the circuit judge assigned to Leon County probate matters. The circuit's current published judge procedures (February 2026) provide that hearings set for two hours or less are typically held by Zoom, 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 authority. In a formal administration the court appoints the personal representative and the Clerk issues Letters of Administration, the representative's proof of authority for banks and title companies, in every case, whether or not there is a will. In a summary administration the court enters an order distributing the assets and no personal representative is appointed. Request enough certified copies for the institutions involved.
- Administer and close. File the inventory, resolve creditor claims, obtain court authority where required to sell Leon County real property, account to the interested persons, distribute, and close the estate.
Forms and documents
Probate forms in Leon County
Leon County is one of the Florida counties that posts local probate paperwork. The Clerk's Probate Division page hosts a checklist for opening an estate, a checklist for closing an estate, a summary administration checklist, an affidavit of heirs, a joinder consent and waiver form for summary administration, disposition-of-personal-property-without-administration instructions with the verified statement, waiver and consent, and proposed order, a statement of claim, and a general list of probate forms. The Second Judicial Circuit publishes the matching approved probate forms (affidavit of heirs, formal administration opening and closing checklists, and a summary administration checklist) on its forms page. These are checklists and supporting documents, 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 Tallahassee counter needs, call the Probate Division at (850) 606-4180.
| Resource | What it provides |
|---|---|
| Leon Clerk Probate Division (leonclerk.com/divisions/probate/) | The Clerk's own probate checklists and forms, including the opening and closing estate checklists, the summary administration checklist, the affidavit of heirs, and the disposition-without-administration paperwork |
| Second Judicial Circuit approved forms (2ndcircuit.leoncountyfl.gov) | The circuit's approved probate forms, the affidavit of heirs and the formal and summary administration checklists 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 and is set county by county. The Leon County Clerk's own published fee schedule totals are below (verified July 2026).
| Filing | Fee | Authority |
|---|---|---|
| Formal administration (also guardianship, ancillary administration, curatorship, and conservatorship) | $400.00 | Leon County Clerk probate fee schedule, leonclerk.com/helpful-resources/fees/, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value $1,000 or more | $345.00 | Leon County Clerk probate fee schedule, leonclerk.com/helpful-resources/fees/, verified July 2026; statutory base F.S. 28.2401 |
| Summary administration, estate value under $1,000 | $235.00 | Leon County Clerk probate fee schedule, leonclerk.com/helpful-resources/fees/, verified July 2026; statutory base F.S. 28.2401 |
| Disposition of personal property without administration | $231.00 | Leon County Clerk probate fee schedule, leonclerk.com/helpful-resources/fees/, verified July 2026; statutory base F.S. 28.2401 |
| Caveat | $41.00 | Leon County Clerk probate fee schedule, leonclerk.com/helpful-resources/fees/, verified July 2026; statutory base F.S. 28.2401 |
The Clerk lists these totals under Probate (F.S. 28.2401) but does not print an effective date on the fee page, so confirm the current total with the Probate Division at (850) 606-4180 before filing. Certified copies, recording, and records-search fees are charged separately.
Local nuance
Leon County-specific considerations
A dedicated Probate Division at the capital courthouse. Because Tallahassee is the state capital and the seat of the Second Judicial Circuit, Leon County runs a full Probate Division at the County Courthouse, 301 South Monroe Street, Suite 100, with a direct probate line at (850) 606-4180, separate from the Clerk's general information line at (850) 606-4000; the Clerk also publishes a fax for Probate, Wills and Estates, (850) 606-4179. The same division handles guardianship and mental health matters.
The Clerk posts its own probate checklists and forms. Unlike many Florida counties, the Leon Clerk's Probate Division publishes local checklists for opening and closing an estate and for summary administration, an affidavit of heirs, a joinder consent and waiver form, and a full disposition-of-personal-property-without-administration packet, and the Second Judicial Circuit publishes the matching approved probate forms. These are checklists and supporting documents, not a substitute for the petition, which is prepared under the Florida Probate Rules and, under Fla. Prob. R. 5.030, in most cases by an attorney.
A published probate fee schedule. The Leon Clerk publishes its probate fee totals on its fee page under Probate (F.S. 28.2401): formal administration $400.00, summary administration $345.00 ($1,000 or more) or $235.00 (under $1,000), disposition of personal property without administration $231.00, and caveat $41.00. The page does not print an effective date, so confirm the current total before filing.
Probate dockets are searchable online; document images take a registered account. The Clerk's public court records search, reached from the Court Records page on leonclerk.com, includes Circuit Probate case types (caveats, summary administration, disposition without administration, will deposits, and petitions to determine homestead, among others), so a probate docket can be searched free of charge without an account. Viewing case document images requires the Clerk's Secure Web access, set up through a notarized application, under the statewide rules limiting remote access to court records. Older estates live on microfilm: the Clerk's separate Historic Probate Lookup searches by name and returns the historic case number. To confirm a filing you can also call the Probate Division directly.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Leon County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Tallahassee or rural Leon County home was held by the spouses as tenants by the entirety, or as homestead, it generally passes to the surviving spouse outside the probate estate; the survivor records the death certificate and, where needed, files a petition to determine homestead status with the Probate Division. Accounts and property in the decedent's sole name may still need summary or formal administration, which under Fla. Prob. R. 5.030 usually requires a Florida attorney unless the spouse is the sole interested person. | Asset discovery to separate what passed outside probate from what did not. Packet generation for the qualifying paperwork. A vetted Leon County probate attorney where the rule requires counsel. |
| Out-of-state adult child, small estate | If the parent was domiciled in Leon County and the estate is small enough, or the death was more than 2 years ago, the estate may qualify for summary administration (F.S. 735.201); if it holds only exempt and limited personal property and no real estate, disposition of personal property without administration (F.S. 735.301) may apply. Both are filed with the Leon Clerk, and because filings move through the statewide e-filing portal and the circuit's published judge procedures provide that shorter hearings are typically held by Zoom, an out-of-state filer can usually work with Florida counsel without repeated trips to Tallahassee. | Asset discovery to confirm the estate fits the shorter path and to locate accounts from out of state. Packet generation for the petition, prepared so an out-of-state filer can proceed largely remotely. Attorney referral where Fla. Prob. R. 5.030 requires counsel. |
| 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 obtain court authority where required to sell the Leon County home and distribute the proceeds. The matter is heard by the circuit judge assigned to Leon County probate matters. | Asset discovery for the child's accounts and property. Packet generation for the formal administration petition and sale papers. A vetted Leon County probate attorney to run the formal administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Leon County Clerk of the Circuit Court and Comptroller, Probate Division, (850) 606-4180 (leonclerk.com/divisions/probate/) | The filing office for probate; local intake questions, the probate checklists and forms, the published fee schedule, and the probate records lookup |
| Florida's Second Judicial Circuit (2ndcircuit.leoncountyfl.gov) | Court administration for Leon County, the judicial directory of judges and judicial assistants, each judge's published procedures and preferences (including remote-hearing policies), and the circuit approved probate forms |
| 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 headquarters, 2119 Delta Boulevard, (850) 385-9007 (lsnf.org) | Free civil legal help for income-eligible residents; the Tallahassee office serves Leon County, 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 is an attorney-forward probate state. 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, so most Leon County formal and summary administrations involve counsel, who also e-files through the statewide portal. Beyond the rule, counsel makes practical sense when the estate is contested, when Leon County real property must be sold, when the estate is insolvent or its solvency is in doubt, when a business interest or an out-of-state asset complicates administration, or when heirs are in conflict. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer. Sunset can connect families to a vetted Leon County probate attorney when the situation calls for counsel.
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, Leon County real estate, business interests, and unclaimed property, so you know the estate's value for estate settlement and can pick the right Florida probate path before you file.
Generate the probate packet. Sunset assembles the Leon County filing: the petition for administration, the notice of administration and notice to creditors, the inventory, and the supporting documents, ready to file with the Clerk of the Circuit Court in Tallahassee through the statewide e-filing portal or on paper.
Find a local probate attorney. Because Fla. Prob. R. 5.030 requires counsel in most administrations, Sunset connects families to a vetted Leon County probate attorney serving the Second Judicial Circuit to file and appear.
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 probate in Leon County, Florida?
With the Clerk of the Circuit Court and Comptroller, Probate Division, at the Leon County Courthouse, 301 South Monroe Street, Suite 100, Tallahassee, FL 32301. Leon is in the Second Judicial Circuit. Florida has no separate probate court; probate is a division of the Circuit Court. The Probate Division can be reached at (850) 606-4180.
Do I need a lawyer for probate in Leon 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 licensed attorney. Most formal and summary administrations therefore involve counsel. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer.
Do I have to e-file probate in Leon County?
Attorneys must; self-represented filers have a choice. Florida attorneys must e-file through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com). A self-represented person may e-file through the portal or file on paper at the Probate Division counter in Tallahassee. Original wills and other original documents are filed on paper with the Probate Division.
How much does it cost to file probate in Leon County?
The Leon Clerk's published fee schedule lists $400.00 for formal administration, $345.00 for summary administration of an estate of $1,000 or more (or $235.00 under $1,000), $231.00 for disposition of personal property without administration, and $41.00 for a caveat (Leon County Clerk fee schedule, leonclerk.com, verified July 2026). These totals sit on top of the statutory base in F.S. 28.2401. The Clerk does not print an effective date on the fee page, so confirm the current total with the Probate Division at (850) 606-4180 before filing.
What probate forms does Leon County provide?
The Clerk's Probate Division posts local checklists for opening and closing an estate and for summary administration, an affidavit of heirs, a joinder consent and waiver form, and a full disposition-of-personal-property-without-administration packet, and the Second Judicial Circuit publishes the matching approved probate 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.
How do I look up a Leon County probate case?
Use the Clerk's public court records search, reached from the Court Records page on leonclerk.com. The search includes Circuit Probate case types, so you can look up a probate docket free of charge without an account. Viewing the document images in a case requires registering for the Clerk's Secure Web access through a notarized application. For older estates kept on microfilm, the Clerk's separate Historic Probate Lookup searches by name and returns the historic case number. To confirm a filing you can also call the Probate Division at (850) 606-4180.
Can I appear by Zoom for a Leon County probate hearing?
Often yes for shorter matters. The circuit's current published judge procedures (February 2026) provide that hearings set for two hours or less are typically held by Zoom, while a request to appear remotely at a hearing set in person takes a motion showing good cause. 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.
Who hears probate cases in Leon County?
The circuit judge assigned to Leon County probate matters in the Second Judicial Circuit; Florida has no separate probate court. The circuit's published procedures and preferences of Circuit Judge Jason L. Jones (February 2026) include probate and guardianship filing instructions and list Leon and Jefferson counties as his current assignments. Assignments are set by the circuit and can change, so check the circuit's judicial directory at 2ndcircuit.leoncountyfl.gov for the judge and judicial assistant on your case, or ask the Probate Division when you file.
Where do I deposit the original will in Leon County?
The custodian of a will must deposit the original with the Clerk within 10 days of learning of the death (F.S. 732.901). The original will is not e-filed; it is delivered on paper to the Probate Division at the Leon County Courthouse, 301 South Monroe Street, Suite 100, Tallahassee, FL 32301.
What if the estate is small or the death was years ago?
The estate may qualify for summary administration (F.S. 735.201), which does not appoint a personal representative and ends with an order distributing the assets, or for disposition of personal property without administration (F.S. 735.301) if it holds only exempt and limited personal property and no real estate. The dollar thresholds are statewide and are covered on the Florida state page; both paths are filed at the same Leon Clerk's Probate Division, which posts local checklists and disposition paperwork to guide the filing.
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.