Probate Attorney for Tallahassee, Florida

Probate in Leon County: Where It’s Filed

Tallahassee is in Leon County, which sits in Florida’s 2nd Judicial Circuit. Probate is filed with the Leon County Clerk of the Circuit Court, in the county where the decedent was domiciled at death. Cases are handled at the Leon County Courthouse at 301 South Monroe Street in Tallahassee. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Leon County estate handled without anyone traveling to the courthouse.

The Leon County Clerk’s office is open Monday to Friday, 8:00 a.m. to 4:30 p.m. We serve Tallahassee and Leon County residents, including Tallahassee, Bradfordville, Woodville, Fort Braden, Miccosukee.

Which Kind of Probate You’ll Need

Most Leon County estates pass through one of three doors. The cheapest one may be open.

• Disposition without administration. Tiny estates with only exempt property and final-expense reimbursement; days to weeks.
• Summary administration. Estates of $150,000 or less (raised from $75,000 on July 1, 2026) after exempt property, or when the decedent died more than two years ago; often weeks.
• Formal administration. Everything else; a personal representative is appointed and the case runs about 6 to 12 months.

We confirm which applies at your consultation and quote a flat fee. Estimate the cost and timeline first →

How Long, and What It Costs

Formal administration is paced by the 3-month creditor-claim window; clean distribution waits for it to pass. Florida law sets a presumed-reasonable attorney fee scaled to the estate, but it’s a ceiling, not a mandate. Our flat fees start at $1,500 (disposition), $2,500 (summary), and $3,500 (formal). Government costs, the Leon County filing fee (about $400), newspaper publication, and certified copies, are additional and passed through at cost. See the full Florida probate guide →

Out-of-State Personal Representatives

Under Florida law, you can serve as personal representative of a Leon County estate from another state if you’re related to the decedent by blood, adoption, or marriage; an out-of-state child qualifies. We represent personal representatives across Tallahassee and Leon County by phone, video, and e-signature.

Local Rules, Judges, and the Clerk’s Probate Office

Every circuit publishes administrative orders and local procedures that control how probate actually runs in Leon County, including which division gets the case, which checklists are required, and how proposed orders reach the judge. Leon County will not let a probate proceed without the Second Circuit’s own Affidavit of Heirs, a local circuit form rather than a Florida Probate Rules form, and both circuit checklists say in bold that it must be filed to proceed. A petition to determine homestead must also state whether the property sits inside or outside a municipality and give the acreage, because the constitutional cap is one-half acre inside a municipality and 160 acres outside. No administrative order sets general probate practice in the Second Circuit. The operative local rules live in the circuit’s own approved checklists and in each probate judge’s written procedures, so read those rather than the order list.

• Administrative orders of the Second Judicial Circuit
• Second Judicial Circuit judges directory
• The clerk’s probate office for Leon County
• Local probate forms and checklists

You do not have to learn any of this yourself. Part of what a flat fee covers is an attorney who already files under these rules, so nothing bounces back for a missing checklist.

Rather handle the filing yourself? Our Leon County Probate Court filing guide is the procedural version of this page, with the courthouse address, where the original will goes, which forms the county wants, the posted filing fee, and an eleven-step checklist for opening the estate.

Frequently Asked Questions

Sources

• Fla. Stat. ch. 733 to 735 (administration); §733.304 (nonresident PR); §733.702 (creditor claims); Fla. Prob. R. 5.030 (attorney required). Filing via the Leon County Clerk of the Circuit Court (2nd Judicial Circuit) and the Florida Courts E-Filing Portal. (retrieved 2026-06-07)

Updated September 29, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice. We serve Tallahassee and Leon County residents from Miami; this is not a Tallahassee office.