Tallahassee City Probate Court Records are filed and stored at the Leon County Clerk of the Circuit Court office. Every estate case opened for a person who lived in Tallahassee is processed by this office.
The clerk keeps the official files, accepts new filings, and gives the public access to view or copy records. The courthouse sits in downtown Tallahassee on South Monroe Street, a few blocks from the Florida State Capitol. This page explains how the records system works, where to search, and what you can find.
Where Tallahassee Probate Records Are Filed
All probate records for Tallahassee residents go through one central office in Leon County. No city office handles estate filings. The clerk of court runs the records system, and judges from the 2nd Judicial Circuit decide the cases. This setup matters because it tells you exactly where to look for any probate file tied to a Tallahassee address.
The Leon County Clerk of Court
The Leon County Clerk of the Circuit Court is the official record keeper for all probate cases in Tallahassee. The current clerk is Gwen Marshall, who took office in 2017 after serving as a Leon County court judge. The clerk’s office stores wills, petitions, court orders, and final judgments for every estate case opened in the county. The office accepts new filings, collects filing fees, and issues certified copies of documents. Anyone can ask to see a probate file at the clerk’s public counter during business hours. The clerk’s office staff can help you locate a file if you bring the deceased’s full name and an approximate year of death.
The 2nd Judicial Circuit
Tallahassee sits inside Florida’s 2nd Judicial Circuit. This circuit covers six counties: Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla. Leon County is the largest of these by population and handles the highest number of probate cases. Circuit judges assigned to the probate division hear all contested estate matters, approve final accountings, and sign closing orders. Their names and case assignments show up on the public docket for each case. The chief judge of the circuit assigns judges to specific divisions each year, and the assignment list is posted on the Leon County Courthouse website.
Courthouse Location and Hours
The Leon County Courthouse sits at 301 South Monroe Street in Tallahassee, Florida 32301. The building opens Monday through Friday from 8:00 a.m. to 5:00 p.m. The clerk’s public counter for probate records is on the second floor. Free parking is available in the lot behind the courthouse on South Adams Street. The main phone line for probate questions is (850) 606-4021. The official website at leoncourtclerk.gov lists all clerk services, fee schedules, and online search tools. Visitors to the courthouse should bring a photo ID to pass through the security checkpoint at the front entrance.
| Office Detail | Value |
|---|---|
| Clerk of Court | Gwen Marshall |
| Address | 301 S Monroe St, Tallahassee, FL 32301 |
| Phone | (850) 606-4021 |
| Website | www.leoncourtclerk.gov |
| Hours | Monday – Friday, 8:00 AM – 5:00 PM |
How to Search Tallahassee Probate Records
The Leon County Clerk offers three ways to look up probate records. You can search online, visit the courthouse in person, or send a mail request. Each method has its own cost and wait time. Most people start with the online search since it is free and open around the clock. The portal works on any device with a web browser, and you do not need an account to search.
Online Search Through the Clerk Portal
The clerk’s online portal at leoncourtclerk.gov lets you search probate cases by the name of the deceased, by the personal representative’s name, or by case number. The search returns a list of matching cases with the case number, filing date, and current status. Clicking on a case opens the docket sheet, which lists every document filed and every hearing held. Many of the actual documents are attached as PDF files that you can view or download for free. The portal covers cases filed from 1986 to the present. Older records are available on microfilm at the courthouse. The portal also shows the assigned judge and the name of the attorney for the personal representative.
In-Person Records Requests
You can search records in person at the clerk’s office on the second floor of the Leon County Courthouse. Staff at the public counter help you locate files if you bring the full name of the deceased and an approximate year of death. You can review documents at the counter and request paper copies on the spot. The office has public computers that connect to the same online portal if you want to view records there. There is no fee to view records, only to copy them. Self-represented researchers can spend as much time as they need at the public terminals during business hours.
Mail and Remote Record Requests
For records you cannot access online, you can send a written request to the clerk by mail. Your letter should include the name of the deceased, the case number if you have it, the year of death, and a list of the documents you need. Include a self-addressed stamped envelope and a check or money order for the copy fees. The clerk’s office mails the copies back to you. Mail requests take two to four weeks to process, so plan ahead if you need the records by a specific date. You can also call the clerk’s office to ask about a specific file before sending a written request.
What You Can See on Public Records
Most probate records are open to the public, but a few sensitive items are sealed by Florida law. The clerk’s office removes these items from public view, even when the rest of the case file is open. The public docket shows that a sealed document was filed, but the contents stay private. Knowing the difference between open and sealed items helps you set expectations for your search.
- Open: The original will, if one was filed with the clerk
- Open: The petition to open the probate case
- Open: The order appointing the personal representative
- Open: The final judgment closing the estate
- Open: Hearing dates and the names of the attorneys
- Sealed: The inventory of estate assets and their values
- Sealed: The accounting of money spent and received by the personal representative
Types of Probate Cases Filed in Leon County
Florida law gives families three main ways to settle an estate. The right choice depends on the value of the estate and how long ago the person died. Tallahassee probate cases fall into one of these three categories. A fourth category, called ancillary probate, applies when the deceased owned property in Florida but lived in another state. Each type has its own forms, fees, and timeline.
Formal Administration
Formal administration is the full probate procedure used for larger or more complex estates. It is required when the estate is worth more than $75,000, or when the person died less than two years ago and the family wants to use formal procedures. A judge appoints a personal representative, who gathers assets, notifies creditors, pays debts, and distributes what remains to the heirs. Formal administration takes at least six months and often longer. Most formal cases require a probate attorney. The personal representative must post a bond in some cases, file an inventory within 60 days of appointment, and file a final accounting before the case can close.
Summary Administration
Summary administration is a simpler, faster procedure for smaller estates. It can be used when the total estate value is $75,000 or less, or when the person has been dead for more than two years no matter the value. The court reviews a single petition signed by all heirs and issues an order directing distribution of the assets. There is no personal representative appointment. Many Tallahassee attorneys handle summary cases on a flat fee, which keeps the cost predictable for families. Summary cases often close in two to three months from the date of filing.
Disposition Without Administration
Disposition without administration is the simplest choice. It applies only to very small estates that meet three conditions. The estate cannot include any real property. The only money in the estate must go to pay funeral costs and final medical bills. The total amount must be under $6,000. The clerk handles this paperwork without a judge’s review. It is a quick way to reimburse a family member who paid for a funeral out of pocket. The petitioner files a short form, attaches the death certificate and funeral receipts, and the clerk issues a check or order for the funds.
Ancillary Probate for Non-Residents
Ancillary probate applies when a person who lived in another state dies owning real property in Leon County. The main probate case is handled in the state where the person lived, and a second, smaller case is opened in Florida to deal with the local property. Tallahassee sees several of these cases each year, since the city attracts retirees and second-home buyers from across the country. The Florida case is usually summary administration, since the only asset at stake is the local property. The court appoints a Florida resident as the local representative to handle the transfer of title.
Filing Fees and Court Costs
Florida sets baseline probate filing fees by statute. Leon County adds small local fees on top. The total cost depends on the type of case and the size of the estate. Most families also pay attorney fees and other costs during the case. Knowing the fee schedule in advance helps you budget for the procedure.
Initial Filing Fees
Formal administration cases cost about $400 to open in Leon County. Estates worth more than $1 million pay on a higher tier set by state law. Summary administration costs less, in the $200 to $300 range. Disposition without administration has the lowest fee, often under $100. These fees cover the basic court costs and the clerk’s filing work. They do not include attorney fees, publication costs, or other expenses that come up during the case. The clerk accepts cash, check, money order, and most major credit cards for filing fees.
Copy and Certification Costs
Plain copies of court documents cost $1.00 per page. Certified copies cost $2.00 per page plus a $2.00 certification fee per document. Banks, brokerage firms, and title companies usually require certified copies of the final judgment and the letters of administration. Plan to order several certified copies at the end of the case. The clerk’s office can produce them on the spot or mail them to you. Long documents, like a full probate file, can run into hundreds of pages, so the copy fees add up quickly.
| Service | Fee |
|---|---|
| Formal administration filing fee | ~$400 |
| Summary administration filing fee | $200 – $300 |
| Disposition without administration | Under $100 |
| Plain copy per page | $1.00 |
| Certified copy per page | $2.00 |
| Certification fee per document | $2.00 |
Florida Probate Law Basics
The Florida Probate Code covers Chapters 731 through 735 of the Florida Statutes. These chapters spell out who can file a probate case, what the personal representative must do, how creditors get paid, and how disputes are settled. Knowing the basics helps you follow your own case and spot problems early. The full text of the statutes is free to read on the Florida Legislature’s website.
Who Files a Probate Case
Any interested person can file a petition to open a probate case. The person named as personal representative in the will is first in line. If there is no will, the surviving spouse has priority, followed by adult children, parents, and siblings. A creditor can file if no family member acts within a reasonable time. A Tallahassee probate attorney can file the case on behalf of any eligible person. The petition must include a copy of the death certificate and the original will, if one exists.
The Will Deposit Rule
Florida law requires anyone who has the original will to deposit it with the clerk of court within 10 days of learning that the person has died. This rule applies even if no probate case will be opened. The will becomes a public record once it is deposited. The rule is in Florida Statutes section 732.901. A safe deposit box held in a bank does not excuse the rule, since the bank will release the will to the named executor upon proof of death. Failing to deposit the will can lead to court penalties for the person who held it.
Creditor Claims and Deadlines
In formal administration, the personal representative must publish a notice to creditors in a local newspaper for two consecutive weeks. Creditors then have 90 days from the first publication date to file a claim against the estate. Known creditors get a direct notice by mail. After the 90-day window closes, the personal representative reviews the claims, pays the valid ones, and rejects the rest. Late claims can still be paid from the estate assets in some cases, but the personal representative has no personal liability for late claims that were not properly filed.
Intestate Succession in Florida
When someone dies without a will, Florida’s intestacy statutes decide who inherits. The surviving spouse takes the entire estate if there are no children or if all children are also children of the spouse. If there are children from a different relationship, the spouse gets half and the children share the other half. If there is no spouse, the estate goes to children, parents, siblings, and more distant relatives in a set order. The probate court applies these rules and records the distribution in the final order. The clerk’s records show who received what share of the estate.
Legal Help for Tallahassee Residents
Probate cases can be simple or complex. Many Tallahassee families qualify for free legal help. Others hire a local attorney for full representation. Self-represented filers can also get forms and basic guidance from the clerk’s office. The right choice depends on the size of the estate, the level of family agreement, and your comfort with court paperwork.
Free and Low-Cost Legal Aid
North Florida Legal Services provides free civil legal help to income-eligible residents of Leon County. Their office handles probate, guardianship, and other civil matters. Florida A&M University College of Law runs a legal clinic that helps residents with estate planning and probate questions. The Florida Bar’s Lawyer Referral Service can connect you with a probate attorney for a small fee. The Statewide Legal Aid portal lists more support for low-income families. The clerk’s office can also give you a list of legal aid organizations that serve Leon County residents.
Hiring a Tallahassee Probate Attorney
Tallahassee has a strong legal market, with two law schools placing graduates in local firms. The Florida State University College of Law and the Florida A&M University College of Law both feed the local bar. Probate attorneys in the city charge either an hourly rate or a flat fee, depending on the case type. Formal administration cases often run on a percentage of the estate value, set by Florida statute. Always ask for a written fee agreement before hiring an attorney. Most Tallahassee probate attorneys offer a free or low-cost first consultation to review your case.
Self-Represented Support
The clerk’s office cannot give legal advice, but staff explain which forms you need to open a case. The Florida Supreme Court publishes self-help forms for summary administration and disposition without administration. The Florida Bar offers free consumer pamphlets on probate topics, available on its website. The Leon County Law Library, located in the courthouse, has reference books on Florida probate law that you can read on site. Many self-represented filers bring a friend or family member to the courthouse for moral support and to help carry the copies they order.
Contact and Location Details
The Leon County Clerk of the Circuit Court is the main contact for all Tallahassee probate records. The office handles case searches, document requests, and new filings. You can reach them by phone, by mail, or in person at the courthouse. The official website lists all online services and current fee schedules. The clerk’s office recommends calling ahead before visiting in person to confirm hours and document availability.
301 S Monroe St, Tallahassee, FL 32301
Phone: (850) 606-4021
Website: www.leoncourtclerk.gov
Hours: Monday – Friday, 8:00 AM to 5:00 PM
View the courthouse location on Google Maps: https://www.google.com/maps/place/301+S+Monroe+St,+Tallahassee,+FL+32301
Frequently Asked Questions
Here are answers to common questions about Tallahassee probate records. These cover search methods, what stays private, and how long the procedure takes. Each answer reflects current Leon County clerk practices and Florida probate law as of 2026. The clerk’s office updates its fee schedule each year, so call ahead to confirm current rates before paying for copies.
How Do I Check Probate Case Status?
You can check the status of any open or closed probate case through the Leon County Clerk’s online portal. Search by the deceased’s name, the case number, or the personal representative’s name. The portal shows the current status, the next hearing date if any, and a list of all documents filed. For cases filed before 1986, you must visit the courthouse and request a microfilm search at the public counter. The clerk’s office staff can pull microfilm reels for you during business hours. The portal refreshes every night, so the case status you see is current as of the previous business day. You can sign up for email alerts on specific cases through the portal to get automatic updates when new documents are filed or hearings are scheduled.
Are Florida Probate Records Public?
Most Florida probate records are public, but Florida law seals a few sensitive items. The will, the petition, court orders, and the final judgment are open for anyone to view. The inventory of estate assets and the accounting of money spent by the personal representative are sealed. The clerk’s office removes these sealed items from public view, though the docket shows that they were filed. Sealed records stay sealed forever, even after the case closes. The court can order additional documents sealed in rare cases involving trade secrets, juvenile beneficiaries, or other sensitive matters. The party asking for the seal must file a written motion and show good cause for the request.
What Is a Summary Administration Case?
Summary administration is a simplified probate procedure for small estates. It applies when the total estate is worth $75,000 or less, or when the person died more than two years ago. The court reviews a single petition signed by all heirs and issues an order directing distribution. There is no personal representative appointed. The whole procedure often closes in two to three months and costs less than formal administration. The petition must include a list of all assets, the proposed distribution, and a copy of the death certificate. All heirs must sign the petition or receive formal notice of the case. Summary cases skip the creditor claim period, but creditors who were not paid can still pursue the heirs personally for valid debts in some cases.
Can I Search Probate Records by Name?
Yes, the Leon County Clerk’s online portal lets you search probate records by the full name of the deceased. The search returns cases where the name matches the deceased or the personal representative. You can narrow the results by year of death or by case number. Name searches are free and unlimited. The portal covers all cases filed in Leon County since 1986. Common names return many results, so you may need to add a middle initial or year of death to narrow the list. The portal does not support partial name matches or wildcards, so you need the full name to get accurate results. If you only have a partial name, you can search at the courthouse using public computers and the same portal.
What Documents Stay Sealed?
Two main documents stay sealed in a Florida probate case. The inventory lists every asset the deceased owned at death and assigns a value to each item. The accounting lists every dollar the personal representative took in or paid out during the case. Florida law seals both items to protect family privacy. Other documents, including the will itself, are public records. The court can also seal the names of minor beneficiaries in some cases. A party asking to see a sealed document must file a written motion and show a legitimate reason. Creditors, heirs, and their attorneys can sometimes get access to sealed documents with a court order. The decision to unseal rests with the probate judge assigned to the case.
How Long Does Probate Take in Leon County?
Formal administration in Leon County takes at least six months from filing to closing. Most formal cases run eight to twelve months, and contested cases can take two years or more. Summary administration closes in two to three months in most cases. Disposition without administration closes in a few weeks. The creditor claim period of 90 days sets a minimum time for any formal case. Real property sales, will contests, and tax audits can all extend the timeline. The clerk’s office tracks the case status from filing to closing, and the public docket shows every hearing and filing along the way. A delay in filing the inventory or final accounting can also hold up the case closing, so the personal representative should file those documents on time.
Do I Need a Lawyer to File Probate?
Florida law requires a lawyer for most formal administration cases. The personal representative cannot file a formal case without an attorney, except in rare cases where the personal representative is the sole heir. Summary administration and disposition without administration can be filed without a lawyer, though many families still hire one for peace of mind. Self-represented filers can get the required forms from the Florida Supreme Court website. The clerk’s office can help with procedural questions, such as which forms to file and how many copies are needed. The Leon County Law Library has reference books on Florida probate law that self-represented filers can read for free. Many self-represented filers consult with an attorney for a single review of their paperwork before filing, which costs much less than full representation.