Navigating the probate court system can be overwhelming, especially while grieving the loss of a loved one. Understanding where to file, what documents are required, and what fees and deadlines apply helps you move through the process more efficiently. This guide provides practical information about Florida probate courts, with specific details for Orange County residents in the Orlando area. An Orlando, FL probate lawyer can guide you through every step of the probate process and ensure all requirements are met.
Florida Court Structure for Probate
In Florida, probate matters are handled by the circuit courts. Florida has 20 judicial circuits, each covering one or more counties. The circuit court in the county where the decedent resided at the time of death has jurisdiction over the probate proceeding.
If the decedent was not a Florida resident but owned property in Florida, ancillary probate may be required in the county where the property is located. Ancillary probate addresses only the Florida property, while the primary probate proceeding occurs in the decedent’s state of residence.
Each circuit court has a probate division staffed by judges and support personnel who handle estate administration, guardianship, and related matters. The clerk of court in each county maintains probate records, processes filings, and collects fees.
Orange County Probate Court
Orlando residents and those with loved ones who resided in Orange County file probate matters with the Ninth Judicial Circuit Court. The probate division is located at the Orange County Courthouse.
Orange County Courthouse 425 N. Orange Avenue, Suite 350 Orlando, FL 32801 Phone: (407) 836-2057
The Orange County Clerk of Courts Probate Division processes all probate filings, maintains estate records, and provides information about filing requirements. Office hours are Monday through Friday, 7:30 a.m. to 4:00 p.m., with phone support available from 8:00 a.m. to 12:00 p.m.
Filings can be submitted in person at the courthouse, by mail, or electronically through the Florida Courts E-Filing Portal. Attorneys are required to file electronically. Self-represented parties may file in person or by mail but are encouraged to use the e-filing system.
Other Central Florida Probate Courts
If your loved one resided in a county other than Orange, you will need to file with that county’s circuit court.
Seminole County (Eighteenth Judicial Circuit) Seminole County Courthouse 101 Bush Boulevard Sanford, FL 32773 Phone: (407) 665-4330
Osceola County (Ninth Judicial Circuit) Osceola County Courthouse 2 Courthouse Square Kissimmee, FL 34741 Phone: (407) 742-3500
Lake County (Fifth Judicial Circuit) Lake County Courthouse 550 W. Main Street Tavares, FL 32778 Phone: (352) 742-4100
Volusia County (Seventh Judicial Circuit) Volusia County Courthouse 101 N. Alabama Avenue DeLand, FL 32724 Phone: (386) 736-5915
Contact the clerk of court in the appropriate county for specific filing requirements and local procedures.
Required Documents for Probate Filing
The specific documents required depend on the type of probate administration. For formal administration, the most common type for larger estates, you will typically need the following.
Petition for Administration – This document asks the court to open the probate proceeding and appoint a personal representative. It includes information about the decedent, the proposed personal representative, and the heirs and beneficiaries.
Original Will – If the decedent left a will, the original document must be filed with the court. Copies are not accepted. If the original cannot be located, additional proceedings may be required to establish the will’s contents.
Death Certificate – A certified copy of the death certificate must accompany the petition. Certified copies can be obtained from the Florida Department of Health or the local vital records office.
Oath of Personal Representative – The proposed personal representative must sign an oath agreeing to faithfully administer the estate according to law.
Designation of Resident Agent – If the personal representative is not a Florida resident, they must designate a Florida resident to accept service of process.
Bond – Unless waived in the will or by all interested persons, the personal representative may be required to post a bond to protect the estate from potential mismanagement.
For summary administration, available for smaller estates or when the decedent has been deceased for more than two years, the required documents include a Petition for Summary Administration, the original will (if any), a death certificate, and a proposed order of summary administration.
Filing Fees
Florida probate filing fees vary based on the type of proceeding and the estate’s value. As of the current fee schedule, common fees include the following.
Petition for Administration filing fee: Approximately $400 (varies by county and estate value) Petition for Summary Administration: Approximately $235-$345 Deposit of Will without Administration: No fee
Additional fees may apply for certified copies, recording documents, and other services. The clerk’s office can provide a current fee schedule. Filing fees are paid from estate assets as administrative expenses.
Key Deadlines in Probate
Florida law establishes several important deadlines during the probate process. Missing these deadlines can cause delays, additional costs, or loss of rights.
Depositing the Will – Any person who has custody of a decedent’s will must deposit it with the clerk of court within 10 days of learning of the decedent’s death, as required by Florida Statutes Section 732.901.
Filing Inventory – The personal representative must file an inventory of estate assets within 60 days of appointment.
Creditor Claims Period – Creditors have three months from the date of first publication of the notice to creditors to file claims, or 30 days from receipt of direct notice, whichever is later.
Accounting – The personal representative must file an accounting of estate transactions, typically before closing the estate.
Closing the Estate – While there is no absolute deadline, estates should be closed promptly after all administration is complete. Most estates can be closed within one year if no complications arise.
Electronic Filing
Florida requires attorneys to file court documents electronically through the Florida Courts E-Filing Portal. Self-represented parties may also use the portal, though it is not mandatory for them.
To use the e-filing portal, you must create an account, complete the required registration, and follow the system’s procedures for uploading and submitting documents. The portal accepts most common document formats and provides confirmation of successful filing.
E-filing offers several advantages, including 24/7 availability, immediate confirmation of filing, reduced trips to the courthouse, and electronic access to filed documents.
Working with the Clerk’s Office
The clerk of court staff can provide procedural information and assist with filing, but they cannot give legal advice. They can tell you what forms are required and what fees apply, but they cannot advise you on how to complete the forms or what strategy to pursue.
If you have questions about the estate administration process, the legal requirements for serving as personal representative, or how to handle specific issues that arise, consult with an attorney.
When to Seek Legal Help
While Florida law permits self-representation in some probate matters, most estates benefit from professional legal guidance. Florida requires personal representatives in formal administration to be represented by an attorney unless the personal representative is the sole beneficiary.
An attorney can help you navigate complex legal requirements, avoid costly mistakes, resolve disputes among beneficiaries, address creditor claims appropriately, handle tax issues, and close the estate efficiently.
Magill Law Offices has guided Orlando families through probate administration for decades. Our experience with Orange County probate court and surrounding jurisdictions helps ensure your loved one’s estate is administered properly.
To discuss probate filing requirements or estate administration, contact Magill Law Offices to schedule a free consultation.