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 Lake County 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 Lake County
Lake County’s typical home is worth about $318,000. When a home was your loved one’s homestead, Florida gives it special protections, and the personal representative may need court approval to take possession of it or sell it.
If a good offer comes in, the family may want to act quickly. Even then, the sale may have to wait until the court finalizes the homestead designation and the 90-day creditor period has passed.
We handle the homestead filings with the Lake County Judicial Center in Tavares and plan any sale around the court’s timeline, so you know when the home can change hands.
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
Beneficiary designations on bank accounts, investment accounts, IRAs and insurance policies can keep assets out of probate, and this Life, Legacy & Wealth episode explains the hidden risks of getting them wrong. Tom Moss also covers why joint ownership with children creates more problems than it solves. Family dynamics, disabled beneficiaries, creditor issues and heirs outside the country can all change which strategy is right for a family.
Why Lake 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 at 8913 Conroy Windermere Road in Orlando is about 50 minutes from Tavares.
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 a Lake County resident?
In the county where the person lived when they passed away, Lake County.
Related Reading
- Settling an Estate in Florida: What Executors and Heirs Need 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 Lake County
Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Lake County
Probate Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County
Directions to Our Office From Lake County
Talk to a Probate Attorney Serving Lake 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.