Required for attorneysE-filing mandatory for attorneys since April 1, 2013. Optional for self-represented parties. Statewide Florida Courts E-Filing Portal for all circuit courts.
Self-represented filing
AllowedThe Clerk's probate page publishes checklists for opening and closing an estate and for summary administration, and the forms and instructions for a disposition of personal property without administration. The Clerk quotes Fla. Prob. R. 5.030: a personal representative must be represented by a Florida attorney unless the personal representative is the sole interested person.
County forms
Affidavit of HeirsIdentifies the decedent's heirs for a probate proceeding
List of Probate FormsIndex of the Florida probate forms with rule and statute references
Fax
1-850-606-4013
Departments
Probate, Wills & Estates1-850-606-4180 · Leon County Courthouse, 301 South Monroe Street, Suite 100Mail for the probate division goes to the courthouse street address, attention Probate.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Leon County, probate runs through the Clerk of Circuit Court & Comptroller at 301 South Monroe Street, Suite 100, Tallahassee. The court sits in the 2nd Judicial Circuit. The same 2nd Judicial Circuit also serves Franklin, Gadsden, Jefferson, Liberty and Wakulla.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Florida intestacy law when there is no will.
Most Florida estates take 9 months to 12 months to move through this process. Creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Leon County
What probate costs in Leon County, Florida comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Clerk of Circuit Court & Comptroller at 301 South Monroe Street, Suite 100, Tallahassee. The court is part of the 2nd Judicial Circuit.
Florida charges $400Fla. Stat. §§ 28.2401(1)(g), (3); 44.108(1)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Florida are based on reasonable compensation — usually hourly billing or a flat fee for the engagement.
Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Florida requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Fla. Stat. § 733.402Verified Sep 8, 2026View source of estate value annually.
Probate in Florida typically runs 9 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Clerk of Circuit Court & Comptroller
Probate cases in Leon County, Florida are filed at the Clerk of Circuit Court & Comptroller. The court sits in the 2nd Judicial Circuit.
Beside the filing office, the court lists a separate line for Probate, Wills & Estates.
Can You File Without an Attorney?
Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Three proceeding types: formal administration, summary administration, disposition without administration
Summary administration is available for an estate under the state's summary administration ceiling or when the decedent has been dead more than 2 years. Disposition of Personal Property Without Administration is filed to release assets to a person who paid final expenses (funeral or last-60-days medical bills) and cannot include real property.
Orders sent to the court show who is copied, with stamped envelopes
The Clerk's formal administration checklist requires every order provided to the court to show the persons it is copied to, with self-addressed stamped envelopes carrying no return address for mailing.
The Clerk's instructions call for a certified copy of the death certificate, the funeral bill showing who paid it, medical bills for the last 60 days, account details for the assets, an Affidavit of Heirs, any Joinder, Waiver and Consent, a Designation of Current Mailing and E-mail Address and a proposed order. A will must be deposited with the Clerk.
Filed with the opening petition at the Clerk of Circuit Court & Comptroller: Verified Petition for Administration drafted to Fla. Prob. R. 5.200 (petitioner interest, decedent data, beneficiaries, venue, § 733.301 priority, will statement, asset value); Original of the decedent's last will and any codicils (deposited with the court within 10 days of knowledge of death, Fla. Stat. § 732.901), in a testate estateFla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Leon County
In Florida a death is registered locally, and in Leon County certified copies of the death certificate are issued by Florida Department of Health in Leon County as well as by Florida Department of Health - Bureau of Vital Statistics.
Vital Records Office Record
Local Registrar
Leon County · Florida Department of Health in Leon County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Clerk of the Circuit Court.
Deeds and other real property documents for Leon County are recorded with the Clerk of the Circuit Court at 301 South Monroe Street, Suite 100, Tallahassee, FL 32301. Phone: 1-850-606-4000. Hours: Monday-Friday 8:00 AM-4:30 PM.
The Clerk of the Circuit Court charges $10 for the first page plus $9 for each additional page.
Leon County accepts electronic recording through CSC, e-Docs Solutions, ePN and Simplifile.
Florida uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Leon County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Florida uses a presumed-reasonable fee schedule for probate attorneys — the percentages are a starting point that can be negotiated, especially for simple estates. Leon County firms typically follow the schedule for routine work and negotiate on complex matters.
A probate attorney files the petition with the Clerk of Circuit Court & Comptroller, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Tallahassee solo practice serving Leon, Jefferson, Wakulla, Liberty, Gadsden, Franklin, and Calhoun counties. Claire A. Duchemin guides personal representatives and trustees through formal and summary administration, and litigates wrongful will and trust changes and fiduciary failures. More than 45 years in practice.
Tallahassee and Bainbridge firm licensed in both Florida and Georgia, serving the Big Bend and South Georgia. Handles probate of wills, administration of estates, conservatorships and guardianships, plus wills, trusts, healthcare directives, and succession planning. Also carries a real estate and agriculture practice for rural panhandle clients.
Tallahassee solo practice serving Leon County. Anthony L. Conticello handles Florida probate and ancillary probate administration, elder law, estate planning and advance care directives, and business and contract work, including Sunshine Law and public records matters.
PracticesEstate PlanningProbateElder LawBusiness Law
Office
2509 Barrington Circle, Suite 108Tallahassee, FL 32308
Tallahassee solo practice serving Leon County and the Big Bend. Terry Dariotis has been board certified by The Florida Bar as a specialist in wills, trusts and estates since 2001, and guides personal representatives and trustees through summary and formal administration. Florida Super Lawyers honoree.
Tallahassee firm serving Leon County and North Florida through its Estate and Elder Law Planning Center. Handles probate and trust administration, guardianship, estate and estate-tax planning, Medicaid planning, and special needs planning. Formed by the merger of Gardner Bist and King & Wood, with roots dating to 1978.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more
Gainesville firm handling probate in every Florida county on a flat fee, with an Ocala office and a fully remote administration process. Founding partner R. Nadine David advised Florida circuit court probate judges as a probate court staff attorney before entering private practice in 2014. Handles formal and summary administration, trust administration, and estate litigation.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Florida statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Florida
Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Florida.
How Do I Settle an Estate?
Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Florida happens outside court: the trustee acts under the state's Uniform Trust CodeFla. Stat. § 736.0101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysFla. Stat. §§ 736.0813, 736.1008, 736.10081Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
Florida has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not available.
Enter the estate value to see Florida attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Florida lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
