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 Winter Garden 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 Winter Garden
Winter Garden’s typical home value is about $476,000. If your loved one signed a Lady Bird deed, also called an enhanced life estate deed, the home passes at death to the person named in the deed, without any court involvement.
The deed reaches the home and nothing else. A bank or investment account left in your loved one’s name alone, with no joint owner or named beneficiary, is generally still subject to probate.
We review the deed and each account at the start, so you know early which assets need the court and which go straight to the people named. For anything that does need probate, we prepare the filings and see the case through until the estate is closed.
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
Tom Moss covers the main ways to keep assets out of probate in this Life, Legacy & Wealth episode: revocable living trusts, Lady Bird deeds and beneficiary designations. For families dealing with probate, his warning about trusts stands out: a poorly funded trust is just an expensive stack of paper. He also explains why each tool fits some situations and fails in others, and what an attorney’s intake process covers.
Why Winter Garden 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 25 minutes from Winter Garden.
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 Winter Garden 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 Winter Garden
Estate Planning · Supplemental Needs / Special Needs Planning · Trust Administration · Guardianship · Medicaid Planning · Winter Garden
Probate Across Central Florida
Orlando · Windermere · Horizon West · Clermont · Ocoee · Winter Park · Orange County · Seminole County · Osceola County · Lake County
Directions to Our Office From Winter Garden
Talk to a Probate Attorney Serving Winter Garden
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.