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 Orlando resident is opened in Orange County, and the case is heard at the Orange County Courthouse on North Orange Avenue 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 Orlando
The typical Orlando home is worth about $394,000. When a home is in a loved one’s name alone, with no joint owner, it generally has to go through probate.
Even when the home was your loved one’s homestead, which isn’t technically a probate asset, probate is still needed to clear the title, and the court determines who inherits it. Florida’s homestead rules also protect the home from most creditors.
Because Orlando is the Orange County seat, every step of the case runs through the courthouse downtown, from the first petition to the order that closes the estate. We handle the filings and deadlines, and we keep you updated along the way.
Figures: U.S. Census Bureau, American Community Survey 2020–2024 5-year estimates.
From Our Podcast: Mastering Florida’s Probate Process
This episode of Life, Legacy & Wealth walks through Florida probate from start to finish: what the personal representative and the probate attorney each do, from taking inventory and notifying creditors to distributing what’s left. It clears up common misconceptions, such as thinking a will avoids probate or that creditors can be ignored. It also explains how to handle debts, taxes and creditor payments in the right order.
Why Orlando 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 Orlando, on Conroy Windermere Road.
Frequently Asked Questions
How long does probate take?
Most estates are settled in about 9 to 18 months if no one contests the will. Creditors have three months from the first publication of the notice to creditors to file claims, so even simple estates take several months.
What should I do first after my loved one passes away?
Secure their home first, because items can disappear quickly. Then find the will or trust documents and contact a probate attorney. Once those steps are done, there’s no need to rush. Take time to grieve, and start the legal process when your family is ready.
Why can’t the heirs get their inheritance right away?
Probate follows required steps in a set order, and paying out too soon is risky. If debts or taxes come up later, an early distribution can leave the personal representative personally liable. In some cases, partial distributions may be possible after confirming the estate’s available cash and what it still owes.
Where is probate filed for an Orlando 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
- Why a Will Does Not Avoid Probate
- How to Avoid Probate in Florida: 3 Strategies That Work
Other Services in Orlando
Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Orlando
Probate Across Central Florida
Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Orlando Office
Talk to a Probate Attorney Serving Orlando
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.