Probate Lawyer Orlando, FL
If someone you love has passed away, you may be facing probate court for the first time. Probate is the legal process for settling a deceased person’s estate, paying their debts, and distributing what remains to heirs and beneficiaries. In Florida, this process runs through the circuit court and involves specific procedures, deadlines, and legal requirements.
Our Orlando, FL probate lawyer at Magill Law Offices has guided families through probate since 1977. We offer free consultations to discuss your situation and explain what the process involves.
Why Choose Magill Law Offices for Probate in Orlando, Florida?
Decades of Probate Experience in Orange County
Patrick Magill founded this firm in 1977. His son, Robert T. Magill, leads it today with a focus on probate, estate administration, and estate planning for families throughout Orange County and Central Florida.
Robert spent over twenty years working in the legal field alongside his father before attending law school, gaining a deep understanding of how probate works in Florida courtrooms long before he started practicing himself. He earned his J.D. from Florida A&M University College of Law and his undergraduate degree from the University of Central Florida. The Florida Bar admitted him in 2008.
Professional Credentials
Robert taught estate planning as an Adjunct Professor at the University of Central Florida. He maintains membership in the Orange County Bar Association and the Real Property, Probate & Trust Law Section of The Florida Bar.
If you need an estate planning lawyer in Orlando, FL, we also help clients create wills and trusts designed to minimize what their families face during probate or avoid it entirely.
What Clients Say
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“Robert was extremely prompt and knowledgeable about the formal probate process that I needed to work through for my father. He has gone above and beyond to help every step of the way. Affordable pricing too!” – Craig Coderre
Read more reviews on our Google Business Profile.
Types of Probate Cases We Handle in Orlando
Probate takes different forms depending on the size of the estate, when the person died, and whether disputes arise. These are the probate matters we handle for Orlando families.
- Formal administration. This is the standard probate process for estates valued over $75,000. The court appoints a personal representative who files an inventory, notifies creditors, pays valid debts, and distributes assets according to the will or Florida intestacy law. Formal administration typically takes six months to a year, sometimes longer.
- Summary administration. Estates valued at $75,000 or less, or situations where the decedent died more than two years ago, may qualify for this simplified process. Summary administration moves faster and involves less court oversight, but it has limitations on what it can accomplish.
- Disposition without administration. Very small estates where assets consist only of exempt property or non-exempt assets that do not exceed funeral expenses and medical bills from the last 60 days of life may qualify for this expedited procedure.
- Ancillary administration. When someone dies as a resident of another state but owns real property in Florida, a separate probate proceeding is required here to transfer that property. We handle the Florida side for out-of-state families and their attorneys.
- Will contests. Sometimes a beneficiary or potential heir believes the will is invalid due to lack of capacity, undue influence, fraud, or improper execution. We represent both those contesting a will and personal representatives defending against such claims.
- Estate litigation. Disputes arise during probate for many reasons. Beneficiaries may accuse the personal representative of mismanagement. Family members may disagree about asset valuations or the interpretation of will provisions. We handle litigation matters that arise during estate administration.
Florida Legal Requirements for Probate
Florida probate law appears primarily in Chapters 731 through 735 of the Florida Statutes and the Florida Probate Rules. Understanding the basic framework helps you know what to expect.
Where Probate Occurs
Probate takes place in the circuit court of the county where the decedent lived at the time of death. For Orlando residents, that means the Ninth Judicial Circuit Court in Orange County. The probate division handles all estate matters, including formal and summary administration, will contests, and guardianship proceedings.
Attorney Requirement
Under Florida Probate Rule 5.030, a personal representative who is not the sole beneficiary must be represented by an attorney admitted to practice in Florida. This is not optional. Florida requires legal representation for most probate matters, even uncontested ones.
Creditor Notice and Claims Period
The personal representative must publish a notice to creditors in a local newspaper and send direct notice to known or reasonably ascertainable creditors. Under Florida Statute 733.702, creditors have three months from first publication to file claims, or 30 days from direct notice, whichever is later. Claims filed after the deadline are generally barred.
Inventory and Accounting Requirements
The personal representative must file an inventory of probate assets within 60 days of appointment. At the end of administration, a final accounting may be required showing all receipts, disbursements, and distributions. Beneficiaries have the right to review these documents and object if they believe something is wrong.
Important Aspects of an Orlando Probate Case
Probate involves a series of steps that must be completed correctly and in the right order. These are the issues we address with probate clients.
Identifying What Goes Through Probate
Not everything a person owned passes through probate. Assets held in a revocable trust transfer according to the trust terms. Life insurance proceeds and retirement accounts pass by beneficiary designation. Property held jointly with right of survivorship transfers automatically to the surviving owner.
Only assets titled solely in the decedent’s name without a designated beneficiary go through probate. Understanding what falls into the probate estate is the first step.
Locating and Securing Assets
The personal representative is responsible for identifying, locating, and protecting estate assets. Bank accounts need to be found and secured. Investment accounts must be identified. Real property needs to be maintained and insured. Valuable personal property should be inventoried and protected from loss or theft.
This can be straightforward when the decedent kept good records. It becomes more difficult when records are scattered, incomplete, or nonexistent.
Dealing With Creditors
Creditors have rights during probate. The personal representative must notify them and evaluate their claims. Some claims are clearly valid. Others may be questionable or time-barred. Paying an invalid claim wastes estate assets. Failing to pay a valid claim can expose the personal representative to personal liability.
We help personal representatives navigate creditor issues and object to improper claims when necessary.
Managing Family Dynamics
Grief affects people differently. Family members who got along well before a death sometimes find themselves in conflict over the estate. Old resentments surface. Suspicions arise about whether assets are being handled fairly.
The personal representative sits in the middle of these dynamics, responsible for following the law and the will while family members question every decision. Having an attorney handle communications and document decisions protects both the estate and the personal representative.
Tax Obligations
The personal representative must file the decedent’s final income tax return. If the estate earns income during administration, a fiduciary income tax return may be required. Larger estates may owe federal estate tax, though Florida does not impose its own estate tax.
We coordinate with accountants to address tax obligations as part of the probate process.
Distributing the Estate
After paying debts, expenses, and taxes, the personal representative distributes remaining assets to beneficiaries. This must follow the will’s terms or, if there is no will, Florida’s intestacy statutes. Before making final distributions, the personal representative should obtain signed receipts and consider getting releases from beneficiaries to protect against later claims.
Distributions made before all debts are paid can create personal liability for the personal representative if the estate runs short.
Closing the Estate
Formal administration ends with either a formal court closing, which requires filing a final accounting and petition for discharge, or an informal closing with waivers from all interested persons. Until the estate is properly closed, the personal representative’s duties and potential liability continue.
We handle the closing process and help personal representatives obtain their discharge from the court.
Avoiding Probate in the Future
While we help families through probate when necessary, we also help clients plan ahead to minimize or avoid probate for their own estates. A living trust is the most common tool for avoiding probate. Other strategies include proper beneficiary designations, joint ownership arrangements, and transfer-on-death designations where available.
If you have just been through probate with a loved one’s estate and want to spare your own family the same experience, we can discuss estate planning options during your consultation.
Contact Magill Law Offices
If you are facing probate in Orlando, whether as a personal representative, beneficiary, or heir, we can help. Our Orlando probate attorney offers free consultations where you can discuss your situation and learn what the process involves.
We respond to inquiries promptly. You can schedule a consultation at a time that works for you.
Probate can feel overwhelming, especially while grieving. Having an attorney who has handled hundreds of these cases makes the process more manageable. Magill Law Offices has been guiding Orlando families through probate since 1977.