What to Do When Someone Dies in Leon County, Florida

Probate in Leon County runs through the Clerk of Circuit Court & Comptroller: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.

When someone dies in Leon County, settling their estate runs through the Clerk of Circuit Court & Comptroller. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.

Probate Court Record

Clerk of Circuit Court & Comptroller

Leon County · 2nd Judicial Circuit

Address

301 S. Monroe Street, Suite 100Tallahassee, FL 32301

Hours

Monday - Friday, 8:00 AM - 4:30 PM
Visit court website →
Paper filing availableE-filing required for attorneysSelf-filing allowed

County forms

Departments

  • Probate Division850-606-4180

Mailing: PO Box 1024, Tallahassee, FL 32302. State capital.

Verified July 3, 2026 · Source

How Probate Works in Leon County

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 S. 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. The 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.

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 S. Monroe Street, Suite 100, Tallahassee. The court is part of the 2nd Judicial Circuit.

Probate matters are handled through the Probate Division. Filing and payment go through these offices, not the main clerk window.

Florida charges $399Fla. Stat. § 28.2401(1)(g), (3)Verified Sep 8, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

E-filing is mandatory for attorneys filing at the Clerk of Circuit Court & Comptroller (https://www.myflcourtaccess.com/). Self-represented filers can request a paper-filing exemption.

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.

Executor compensation is based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Florida requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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

If you're handling probate yourself in Leon County, Florida, you can file at the Clerk of Circuit Court & Comptroller in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 2nd Judicial Circuit.

Filings here are routed through the Probate Division. Confirm with the office which intake handles the petition type you're filing.

How to File Your Documents

Paper Filing Available

You can file your probate documents in person or by mail. While attorneys are required to e-file in Leon County, families handling probate themselves are exempt and can file on paper.

E-Filing Also Available

If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.

View E-Filing Information

Can You File Without an Attorney?

Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Clerk of Circuit Court & Comptroller is realistic.

For a full cost comparison and filing checklist, see the Leon County Self-Filing Assessment.

Leon County Filing Requirements

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 may be filed when the value of the entire estate does not exceed $75,000 or 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.

Source

Leon County Forms

This county uses specific forms in addition to state-standard forms. Using the correct forms helps avoid delays or rejected filings.

Affidavit of Heirs

Download

Identifies the decedent's heirs for a probate proceeding

Disposition of Personal Property Without Administration

Download

Release of a decedent's personal property without formal administration

Statement of Claim (Probate)

Download

Filing a creditor claim against an estate

Opening Estate Checklist

Download

Checklist of documents required to open an estate

Closing Estate Checklist

Download

Checklist of documents required to close an estate

List of Probate Forms

Download

Index of all Leon County probate forms

What to Bring

To file at the Clerk of Circuit Court & Comptroller you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.

Transferring Property 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 S. Monroe Street, Suite 100, Tallahassee, FL 32301. Phone: 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.

Recording Office Record

Clerk of the Circuit Court

Leon County

Address

301 S. Monroe Street, Suite 100Tallahassee, FL 32301

Hours

Monday-Friday 8:00 AM - 4:30 PM

E-recording

Visit recorder website →

Recording fees

Base fee (first page)$10
Each additional page$8.5

Fla. Stat. 28.24(13), (13)(c), (13)(d), (13)(e); Fla. Stat. 201.02(1)(a)

Verified September 4, 2026 · Source

Probate Attorneys Serving Leon County

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.

Solo PracticeTallahassee, FL

Claire A. Duchemin, P.A.

Since 1993 · Serves 7 counties

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.

PracticesEstate PlanningProbate LitigationTrust LitigationProbate Administration

Office
1615 Village Square Blvd, Suite 7Tallahassee, FL 32309

FirmTallahassee, FL

Conger & Smith

Serves 5 counties

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.

PracticesEstate PlanningGuardianshipAgricultural LawProbate AdministrationWills Trusts

Office
2865 Remington Green CircleTallahassee, FL 32308

Solo PracticeTallahassee, FL

Conticello Law Firm

Serves 1 county

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 PlanningElder LawBusiness LawProbate Administration

Office
2509 Barrington Circle, Suite 108Tallahassee, FL 32308

Solo PracticeTallahassee, FL

Dariotis Law

Serves 4 counties

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.

PracticesEstate PlanningTrust AdministrationProbate Administration

Office
1695 Metropolitan Circle, Suite 6Tallahassee, FL 32308
Free consultation

FirmTallahassee, FL

Gardner Bist King & Wood, LLP

Serves 1 county

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 AdministrationElder LawTax Planningand 5 more

Office
1300 Thomaswood DriveTallahassee, FL 32308

FirmGainesville, FL

Florida Probate Law Group

Since 2014 · Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationProbate LitigationTrust LitigationProbate Administration

Office
201 SE 2nd Ave, Suite 210Gainesville, FL 32601
Free consultationVirtual consultations
See all 23 firms serving Leon County→

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.

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Legal Sources

Data sourced from Florida statutes and official state code. How we research.