Leon County is in the Second Judicial Circuit, with Franklin, Gadsden, Jefferson, Liberty and Wakulla counties. The Leon County Clerk's Probate, Wills and Estates division at the courthouse on South Monroe Street in Tallahassee receives original wills, and homestead is filed with the Property Appraiser by March 1. We meet Tallahassee clients by phone or video.
Tallahassee is a capital city and a university town, and our founding partner, David Cannady, earned his law degree at Florida State University College of Law here. Many Leon County residents work for the state, a university or a hospital, and many own their first home here or plan to retire in the house they raised children in. The estate planning questions we hear from Tallahassee are practical ones: who can act if I am in the hospital, how do I keep the house out of probate, and what happens to my homestead exemption. This page answers them for Leon County.
Communities we serve in Leon County
- Tallahassee
- Unincorporated Leon County, including Woodville, Bradfordville and Chaires
- Families with property in neighboring Second Circuit counties, such as Wakulla, Gadsden and Jefferson
Documents most Tallahassee families consider
- A Florida will, signed at the end before two witnesses, naming your beneficiaries, a personal representative and a guardian for minor children. Florida also allows electronic wills that meet its statute.
- A revocable living trust with a pour over will, so assets titled in the trust pass without probate.
- A durable power of attorney, signed before two witnesses and a notary, so a trusted person can deal with banks, retirement accounts and state agencies for you.
- A health care surrogate designation and a living will, each signed before two adult witnesses, at least one of whom is not your spouse or a blood relative.
A power of attorney signed in Florida after October 1, 2011 takes effect when you sign it. Florida does not allow new springing powers that wait for a doctor's letter, so choose an agent you trust today, not only someday.
Leon County offices that touch your plan
| Office | Role in your plan |
|---|---|
| Leon County Property Appraiser, Exemptions Department | Homestead exemption on your home, filed on form DR-501 |
| Leon County Clerk, Official Records | Records deeds into a trust, enhanced life estate deeds and other instruments |
| Leon County Clerk, Probate, Wills and Estates, 301 S. Monroe St., Tallahassee | Receives original wills after a death and handles estate filings |
| Second Judicial Circuit | The court for Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla counties |
Homestead and your Tallahassee home
The Florida Constitution protects a primary residence from most creditors and limits how it can be left by will when a spouse or minor child survives. Our Florida homestead planning page explains those limits, and they shape every plan that includes a home.
The property tax exemption is handled by the Leon County Property Appraiser. You qualify if you own and occupy the home as your permanent residence on January 1, and the filing deadline is March 1 (section 196.011). The office takes applications online, by email, by mail, by fax or in person, and it states that the exemption can reduce your assessed value by up to $51,411 for the 2026 tax year. Several other exemptions, including those for qualifying seniors and veterans, require homestead first.
One point surprises families. Among the extenuating circumstances listed on the Property Appraiser's late filing form is a belief that homestead had transferred automatically. It does not. When a home passes to a new owner, whether a surviving relative or a trust, the exemption question has to be addressed, and we confirm with the office what it needs before recording a deed into your trust.
Recording deeds with the Leon County Clerk
A deed into your revocable trust, or an enhanced life estate deed, is recorded in the Clerk's Official Records. The Clerk's fee schedule lists $10 for the first page, $8.50 for each additional page and $1 for each name beyond four, with documentary stamp tax of 70 cents per $100 where it applies. Our post on the transfer on death deed question in Florida explains why Florida families use these other tools instead.
If a family member has died
Whoever holds the original will must deposit it with the Clerk within 10 days after learning of the death, with the date of death or Social Security number if available (section 732.901). The Leon County Clerk's Probate, Wills and Estates division publishes checklists for opening and closing an estate. When we checked in November 2026, its probate page still described summary administration as limited to $75,000. Section 735.201 was amended by chapter 2026-57, effective July 1, 2026, and now reads $150,000, or a death more than two years ago. Our Leon County probate page covers the court steps, and our Florida probate administration page explains the process.
How we work with Leon County clients
We work with Tallahassee and Leon County clients by phone and video, and you are welcome to meet at any of our offices if you are traveling. Your first consultation is free. We talk through your family and property, explain which documents fit, draft them in plain language and arrange a proper signing with the witnesses and notary Florida requires. When a deed is part of the plan, we prepare it, have it recorded with the Leon County Clerk and walk you through the homestead filing. Because the firm limits its caseload, you work directly with an attorney throughout. If you also own rental property in Tallahassee, our Leon County real estate page covers that work. Read our Florida estate planning overview, or contact us to get started.
More help in Leon County
We also help Leon County clients with:
