Probate Attorney in Clermont, FL

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 Clermont resident is opened in Lake County, and the case is heard at the Lake County Judicial Center in Tavares.

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 Clermont

A typical Clermont home is valued at about $418,000. With a will or without one, a home held in your loved one’s name alone needs probate to legally pass to the people who inherit it.

If your loved one was married, Florida’s elective share rules also matter. Even with separate accounts, a surviving spouse is entitled to a portion of the estate unless there’s a prenuptial or postnuptial agreement.

Because Clermont is in Lake County, its probate cases are heard in Tavares, not in Orlando. We prepare and file everything with the Lake County court for you, and we keep the family informed at each stage of the case.

Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.

From Our Podcast: Mastering Florida Probate Process: Strategies for Effective Estate Planning and Legal Guidance

Contested wills get a close look in this Life, Legacy & Wealth episode. When a probate case turns adversarial, it explains why securing legal representation promptly is crucial. You’ll also hear how to choose the right probate attorney, with The Florida Bar’s website listed as a resource. If you’re a personal representative or an heir facing a dispute over a will, those are the points to hear first.

Episode notes →

Why Clermont 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 40 minutes from Clermont.

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 Clermont resident?
In the county where the person lived when they passed away, Lake County.

Related Reading

Other Services in Clermont

Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Clermont

Probate Across Central Florida

Orlando · Windermere · Winter Garden · Horizon West · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County

Directions to Our Office From Clermont

Talk to a Probate Attorney Serving Clermont

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.

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