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 Ocoee 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 Ocoee
Homes in Ocoee have a typical value of about $406,000. If the home was your loved one’s homestead and it is the only asset in the estate, legal fees can be tricky, because the homestead can’t be used to pay them.
Probate is also a public, court-supervised process. Once a will is filed with the court, it becomes public record, while a trust keeps the details of an estate confidential.
At our first meeting, we explain how fees are calculated for your loved one’s estate, so you can plan for them from the start. Then we prepare the court filings, handle each step for you and answer your questions as the case moves along.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Executors and Heirs in Florida Probate: Duties, Risks, and Best Practices
Setting clear expectations with beneficiaries is a central theme of this Life, Legacy & Wealth episode. It shows how proactive communication and modern tools can keep small issues from becoming major disputes, including when beneficiaries live out of state. It’s a useful listen for heirs who want to understand what really happens during probate, and for personal representatives working to avoid conflict and delays.
Why Ocoee 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 20 minutes from Ocoee.
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 Ocoee resident?
In the county where the person lived when they passed away, Orange 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 Ocoee
Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Ocoee
Probate Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Ocoee
Talk to a Probate Attorney Serving Ocoee
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.