Tallahassee Probate Attorney

Tallahassee is a government and university town, so many Leon County estates belong to retired state employees, professors or people who moved here for work decades ago and whose children now live in Atlanta, Jacksonville or out of state. The paperwork in Leon County follows printed checklists that tell you exactly what the court expects to see. This page covers where to file, what it costs and how a Leon estate is opened, run and closed.

Communities we serve in Leon County

• Tallahassee, including Killearn, Midtown and Southwood
• Bradfordville and the north county
• Woodville and the south county
• Families across the Second Circuit who own property in Leon

The Second Judicial Circuit and the Leon Clerk

The Second Judicial Circuit covers Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla counties (section 26.021, Florida Statutes). A Leon resident's estate is filed with the Leon County Clerk of the Circuit Court and Comptroller. The Clerk's Probate, Wills and Estates division can be reached at 850 606 4180, and the courthouse at 301 S. Monroe Street is open Monday to Friday, 8:00 a.m. to 4:30 p.m. The Clerk also has a Northeast Branch at 1276 Metropolitan Blvd.

Leon County probate fees

The Clerk lists these under section 28.2401. They do not include newspaper publication or certified copies.

Depositing the will and starting the case

Section 732.901 requires the custodian of an original will to deposit it with the Clerk within 10 days after learning of the death, along with the date of death or Social Security number if known. Probate itself begins with a petition, which the Leon Clerk notes is normally prepared by an attorney. Under Florida Probate Rule 5.030, a personal representative must be represented by a Florida attorney unless they are the only interested person.

What the Leon opening checklist asks for

The Clerk posts a Checklist for Opening Estate that the attorney certifies before the court reviews the file. It asks for:

1. The original will, or an explanation if it is not filed.
2. A filed death certificate.
3. How the personal representative was chosen, with any waivers from others who had equal priority.
4. An affidavit of heirs.
5. The approximate value of probate assets and whether bond is waived by the will, by the beneficiaries or by motion.
6. Proof that notice of the petition went to every interested person.

The checklist also asks that orders show who receives copies and that self addressed stamped envelopes be provided for mailing. Posted procedures of a Second Circuit judge who hears probate cases add that an oath of personal representative should follow Florida Probate Rule 5.320, and that when the person who died was 55 or older a copy of the death certificate must go to the Agency for Health Care Administration.

When the estate is very small

If the person left only modest personal property and someone paid the funeral, the Leon Clerk accepts a disposition of personal property without administration. It cannot include real estate. The Clerk lists what must come with the petition:

• The original will, if there is one, filed within ten days of the notice of death.
• An itemized, paid funeral bill, with a receipt identifying who paid it.
• Paid receipts for medical expenses from the last sixty days before death.
• A death certificate, details of the assets to be released and identification of the person filing.

Creditors and the Tallahassee house

In a formal administration, the notice to creditors is published and served, and creditors generally have three months from first publication to file claims. The Clerk posts a Statement of Claim form for creditors. If the home was the person's homestead, the family will usually ask the court to determine its status. The same judge's procedures say a petition to determine homestead must state whether the person lived in the property, whether it lies inside or outside city limits, and its acreage. That last point matters in Leon County, where many homes sit on larger lots outside the City of Tallahassee and the constitution's acreage limits differ inside and outside a municipality.

A personal representative who wants to sell a non homestead property can do so if the will grants a power of sale, or with court approval if it does not. Many families who own a home in a revocable living trust avoid this step entirely.

Closing a Leon County estate

The Clerk's Checklist for Closing Estate tracks the last stage: the inventory and proofs of service, any civil actions, the tax filings, the final accounting or the beneficiaries' waiver of it, and the petition for discharge. A nonresident personal representative, who must be a close relative under section 733.304, can usually complete all of this without coming to Tallahassee.

How we work with Leon County clients

We work with Leon County families by phone or video, or in person at any of our Florida offices. Your first consultation is free. We prepare the petition and the Clerk's checklists, file with the Leon Clerk, handle the creditor notices and keep the case moving to discharge. Because the firm limits its caseload, you work directly with an attorney. For your own documents, see our Leon County estate planning page. If a house needs to be sold or retitled, see our Leon County real estate page and our Florida homestead planning page. The statewide steps are on our Florida probate administration page. Contact us to begin.