Losing a loved one is hard enough without a court process to manage. You may have been named personal representative (Florida’s term for an executor), or you may be a family member wondering what happens next. Either way, Sawyer & Sawyer, P.A. can answer your questions and handle the legal work, whether the estate needs full probate or something simpler.
Probate for a Winter Park resident is opened in Orange County, and the case is heard at the Orange County Courthouse in downtown Orlando.
How Probate Works in Florida
Probate is the court-supervised process of gathering a person’s assets, paying valid debts and taxes, and distributing what remains, either under the will or under Florida law if there’s no will. The main steps usually include:
- Filing a petition and presenting the will to the court
- The court appointing the personal representative
- Notifying beneficiaries and publishing a notice to creditors
- Taking inventory of the estate’s assets
- Paying valid debts, expenses and taxes
- Distributing the remaining assets and closing the estate
In most cases, Florida requires the personal representative to be represented by an attorney.
Formal and Summary Administration
Not every estate needs full probate. Florida offers summary administration when the assets subject to probate (not counting exempt property) are worth $75,000 or less, or when the person passed away more than two years ago. Some assets skip probate entirely, such as property held in a trust, accounts with a named beneficiary, and many jointly owned assets. We’ll review the estate and tell you which path applies.
Probate in Winter Park
The typical home in Winter Park is worth about $731,000. Homestead doesn’t count toward Florida’s $75,000 limit for summary administration, but real estate that wasn’t your loved one’s primary residence, such as a rental, does.
Non-homestead property like that is part of the probate estate, and it may be sold to pay the estate’s debts. The same is true of business interests.
If some heirs live out of state, secure electronic signatures and digital document sharing help keep the paperwork moving. We handle the court filings in Orlando and follow up with each heir, so a missing signature doesn’t hold up the case.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: How to Avoid Probate in Florida: Three Strategies That Actually Work
Is a Lady Bird deed enough, or is a trust the better fit? Tom Moss takes up that question on Life, Legacy & Wealth. A Lady Bird deed works well for a straightforward transfer to one healthy adult child. Add creditor issues, a disabled beneficiary or siblings who don’t get along, and a trust becomes the smarter call. He also explains why probate costs Florida families real money.
Why Winter Park Families Work With Sawyer & Sawyer
Sawyer & Sawyer, P.A. is a family firm that has served Central Florida since 1994. We treat every client as an extension of our family, and we focus on people before the paperwork.
- Cary L. Moss, Esq., Managing Partner. Concentrates on estate settlement, probate, trust administration, long-term care planning and estate planning. Served five years on the Board of Directors of the Academy of Florida Elder Law Attorneys, including a term as president.
- Thomas P. Moss, Esq., Senior Attorney. Focuses on estate planning, guardianship and estate settlement. Former Co-Chair of the Orange County Bar Association’s Estate, Guardianship and Trust Law Committee.
Our office at 8913 Conroy Windermere Road in Orlando is about 30 minutes from Winter Park.
Frequently Asked Questions
Do I need a lawyer for probate in Florida?
In most cases, yes. Florida’s probate rules require the personal representative to have an attorney.
What does a personal representative do?
In Florida, the executor is called the personal representative. Working with a probate attorney, they gather and inventory the assets, notify and pay valid creditors, file tax returns, keep beneficiaries informed and distribute what remains under court supervision. It’s a fiduciary role, meaning they must act in the best interests of the estate and its beneficiaries.
What happens to my loved one’s home during probate?
Florida gives a person’s primary residence, called homestead, special protections. It’s protected from most creditors, and the court determines who inherits it. Probate is still needed to clear the title, and the personal representative may need court approval to take possession of the home or sell it.
Where is probate filed for a Winter Park resident?
In the county where the person lived when they passed away, Orange County.
Related Reading
- Executors and Heirs: How to Navigate Probate Timelines, Conflict, and Liability
- Understanding Wills, Trusts, and Probate in Florida
- Three Ways to Keep Your Florida Estate Out of Probate
Other Services in Winter Park
Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Winter Park
Probate Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Winter Park
Talk to a Probate Attorney Serving Winter Park
Call (407) 909-1900 or send us a message to set up a consultation. Our office is open Monday through Thursday, 9 AM to 5 PM, and Friday, 9 AM to 12 PM.