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 an Orange County 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 Orange County
Across Orange County, the typical home is worth about $390,000. If the home was your loved one’s primary residence, Florida treats it as homestead. It may look like part of the probate estate at first, but it can later be deemed exempt.
Creditor claims need close attention too. Known creditors must be notified directly, and once a creditor files a claim, there is a narrow window to object. If that window is missed, the claim may become enforceable even if it is invalid.
We help you watch the estate’s mail, bank statements and medical bills for possible claims. When a claim is filed, we review it right away and respond for the estate within the deadline.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Innovative Strategies for Efficient Estate Management
Why do some estate settlements go smoothly while others get complicated? Cary Moss takes that on in this Life, Legacy & Wealth episode, pointing to organized documentation and positive dynamics among beneficiaries and personal representatives. She also explains when summary administration is advantageous and when formal administration becomes a necessity, plus the hurdles Florida’s homestead laws and the 90-day creditor period can create for out-of-state personal representatives.
Why Orange County 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 is right here in Orange County, on Conroy Windermere Road in Orlando.
Frequently Asked Questions
What if my loved one owned property in another state?
Real estate in another state requires a separate probate there, called ancillary administration. Holding out-of-state property in a trust can avoid it.
My loved one had a will. Why does the estate still need probate?
A will doesn’t avoid probate. It tells the probate court what to do with the assets after death. Probate is generally needed for assets in the person’s name alone, with no joint owner or named beneficiary. Accounts with a named beneficiary and jointly owned property pass to the beneficiary or joint owner, outside the will.
Who handles the estate if there’s no will?
The court chooses the personal representative, often from a priority list, and family members may need to sign waivers or consents so a specific person can serve. Disagreements over who should serve can lead to litigation, delays and unnecessary costs. Florida law, not your loved one’s wishes, decides who inherits.
Where is probate filed for an Orange County resident?
In the county where the person lived when they passed away, Orange County.
Related Reading
- Navigating the Orlando Probate Process: What Every Executor Needs to Know
- What Steps Should I Take to Avoid Probate in Florida?
- Executors and Heirs: How to Navigate Probate Timelines, Conflict, and Liability
Other Services in Orange County
Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Orange County
Probate Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Seminole County · Osceola County · Lake County
Directions to Our Orlando Office
Talk to a Probate Attorney Serving Orange County
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.