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 Seminole County resident is opened in Seminole County, and the case is heard at the Seminole County courts in Sanford.
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 Seminole County
A home in Seminole County is typically worth about $387,000. If your loved one was married, Florida law gives a surviving spouse certain rights to the primary residence, whatever the will says.
How the will was signed matters too. If it has no self-proving affidavit, the original witnesses must be tracked down to sign an oath before the court, which adds delay and expense.
For our first meeting, it helps to bring account statements, a list of debts, the addresses of any real estate and any insurance policies. If there’s no will, a family tree helps too. With those in hand, we can map out the estate and handle the Seminole County filings for you.
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
Creditor notices and claims are one focus of this Life, Legacy & Wealth episode, along with the common mistakes that expose an estate to liability. It also covers safeguarding estate assets, why early distributions carry risk, and when partial distributions may be appropriate. If you’re serving as a personal representative, these are the points most closely tied to your own personal liability.
Why Seminole 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 45 minutes from Sanford.
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 a Seminole County resident?
In the county where the person lived when they passed away, Seminole County.
Related Reading
- Settling an Estate in Florida: What Executors and Heirs Need to Know
- Why a Will Does Not Avoid Probate
- How to Avoid Probate in Florida: 3 Strategies That Work
Other Services in Seminole County
Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Seminole County
Probate Across Central Florida
Orlando · Windermere · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Osceola County · Lake County
Directions to Our Office From Seminole County
Talk to a Probate Attorney Serving Seminole 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.