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 Windermere 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 Windermere
The typical Windermere home is worth close to $1 million. If your loved one placed the home in a revocable trust, with the deed in the trust’s name, it can pass to the trust’s beneficiaries without probate.
A trust only covers what was put into it. If the deed was never changed to the trust’s name, the home is still a probate asset. When there’s a pour-over will, it directs anything left outside the trust into the trust through a small probate.
When part of an estate is in a trust and part is not, the family may need both trust administration and probate. We check how the home and each account were titled on the date of death, then handle both together, so you work with one firm for the whole estate.
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
Out-of-state heirs and vacation properties can make Florida probate harder to navigate, and this Life, Legacy & Wealth episode looks at how to handle those situations. It also covers ways to transfer assets at death without probate, including trusts, beneficiary designations and joint ownership with survivorship rights. Whether you’re settling an estate now or planning ahead for your own family, both parts are worth hearing.
Why Windermere 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 5 minutes from Windermere.
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 Windermere 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
- Why a Will Does Not Avoid Probate
- How to Avoid Probate in Florida: 3 Strategies That Work
Other Services in Windermere
Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Windermere
Probate Across Central Florida
Orlando · Winter Garden · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Windermere
Talk to a Probate Attorney Serving Windermere
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.