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 consult 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.
Handling a Tallahassee estate?
A free 30-minute consult tells you which kind of probate applies and what it will cost.
Book your free consultFrequently Asked Questions
How do I choose a probate lawyer in Tallahassee?
Ask the same four questions everywhere in Florida. Is the fee flat or the statutory percentage, in writing? Does the lawyer litigate if a will contest or objection erupts mid-case? Can the whole case be handled without you coming to Florida, since Florida probate e-files statewide? And does the estate, not you personally, pay the fee? We answer flat, yes, yes, and yes for Tallahassee and Leon County families.
Where is probate filed in Leon County?
Probate is filed with the Leon County Clerk of the Circuit Court, in the 2nd Judicial Circuit, where the decedent was domiciled. Attorneys e-file through the statewide Florida Courts E-Filing Portal, so you don't have to appear in person. We handle Leon County estates wherever you are.
How long will it take?
Formal administration in any Florida county usually runs 6 to 12 months because the 3-month creditor-claim window (§733.702) must pass. Summary administration is faster, often a few weeks to about two months.
Do I need a local attorney if I live out of state?
You need a Florida attorney for most formal administrations (Fla. Prob. R. 5.030), but you don't need to be local. We represent personal representatives across Tallahassee and Leon County by phone, video, and e-signature.
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 August 12, 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.