Orlando Probate Lawyer

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.

Probate Statistics in Orlando, FL

Thousands of Florida families open an estate every month. Orange County cases go to the Ninth Judicial Circuit. This probate division carries a heavy docket year round. The caseload has grown across most of the past decade as Florida’s population has aged.

• Florida circuit courts took in 141,166 probate filings in fiscal year 2024-25, according to state court data.
• Courts disposed of 139,025 probate matters that same year, close to the number that came in.
• Filings climbed from 118,989 in fiscal year 2015-16 to 141,166 a decade later, up roughly 19 percent.
• The ten-year high came in fiscal year 2021-22, at 161,142 filings.
• Orange County estates are heard by the Ninth Judicial Circuit’s probate division, which sits at the courthouse in downtown Orlando.

Key Documents You Will Need for Your Orlando Probate Case

Probate runs on documentation. The court will not take your word for what someone owned, who they owed, or who will inherit. Gathering the right records early shortens the process considerably. Below are the documents our Orlando probate attorney asks clients to collect first, in the order they become useful.

1. Certified death certificates. Order several. Banks, insurers, title companies, and the court each want their own certified copy, and photocopies are usually rejected.
2. The original will and any codicils. Florida courts require the original signed document, not a scan or photocopy. If the original cannot be located, the process becomes more complicated and additional proof is required. When someone dies without a will, state law determines who inherits instead.
3. Trust documents. If the decedent created a living trust, the trust agreement and any amendments matter, because assets held in trusts generally pass outside probate.
4. Deeds and property records. Every parcel the decedent owned needs a current deed showing exactly how the title was held. Joint ownership, life estates, and homestead status all change the analysis, and real property is often the largest asset in the estate.
5. Bank and investment account statements. Recent statements establish balances as of the date of death and reveal accounts nobody knew about. Look for payable-on-death instructions on the statements themselves.
6. Retirement account and life insurance paperwork. These assets follow beneficiary designations rather than the will. You still need the documents to confirm who was named and whether the designation is current.
7. Vehicle, boat, and equipment titles. Titled personal property has to be transferred through the state, and the court needs it listed on the inventory.
8. Outstanding bills, loan statements, and credit card balances. Creditors have a defined window to bring claims. Knowing what is owed before that window opens helps the personal representative evaluate claims instead of reacting to them.
9. The decedent’s recent tax returns. Returns identify income sources, deductions, and property you might otherwise miss. They also matter for the final return and, in larger estates, for estate taxes.
10. Names and addresses for every beneficiary and heir. The court requires formal notice. Missing contact information stalls cases more often than most people expect, particularly with blended or geographically scattered families.
11. Safe deposit box information. Boxes frequently hold the original will, deeds, or bonds. Access typically requires court authorization.

Bring what you have. Almost nobody walks in with a complete file, and reconstructing the record is part of what a probate lawyer in Orlando does.

Orlando Probate Lawyer FAQs

How long does probate take in Orlando, FL?

Formal administration commonly runs six months to a year. Simplified proceedings for smaller estates move faster. Cases involving real property sales, disputed claims, missing heirs, or a will contest take longer. The single biggest variable is whether the estate is contested.

Do I need a probate lawyer in Florida?

In most cases, yes. Florida court rules require a personal representative to be represented by a Florida attorney unless that person is the sole beneficiary. This applies even to uncontested estates.

How much does an Orlando probate lawyer cost?

Costs vary with the size and complexity of the estate. Across the field, probate and estate administration are commonly billed either as a flat fee for defined work or at an hourly rate, depending on the services retained. Court filing fees and publication costs are separate. We discuss costs during your free consultation.

Do you offer free consultations?

We do. There is no charge to sit down with our Orlando, FL probate attorney, describe the situation, and find out what the estate will require. You do not need to have your documents organized first.

What happens if there is no will?

Florida’s intestacy rules control distribution. Assets pass to a defined order of relatives, which may not match what the decedent intended or what the family expected. The court still appoints someone to administer the estate.

Who can serve as personal representative?

Florida limits the role to state residents and to certain close relatives who live elsewhere. If the person named in the will does not qualify, the court appoints an alternate. We advise clients on eligibility and on what choosing an executor actually commits that person to.

Does every asset go through probate?

No. Jointly held property, accounts with named beneficiaries, and assets titled in a living trust pass outside the process. Only assets held in the decedent’s name alone, with no beneficiary named, become part of the probate estate.

Can a beneficiary contest the will?

Yes, on defined grounds such as lack of capacity, undue influence, fraud, or improper signing. Contests are filed in the probate case itself. We represent both challengers and personal representatives defending an estate.

The decedent lived out of state but owned an Orlando condo. What now?

Florida property requires a separate proceeding here, filed alongside the estate opened in the home state. We handle the Florida portion for out-of-state families and for attorneys in other states.

What are the personal representative’s duties?

An estate administrator locates and secures assets, notifies creditors and beneficiaries, files an inventory with the court, pays valid debts and taxes, and distributes what remains. It is a fiduciary role, which means the standard is not effort but accuracy.

Can probate be avoided for my own estate?

Often, yes. Trusts, beneficiary designations, and how title is held all affect whether an asset requires court involvement. Many Orlando families rework their plans after watching a parent’s estate go through the system.

Important Resources for Orlando Probate Cases

Orange County Probate Court and Local Resources

Estates for Orange County residents are filed with the probate division of the Ninth Judicial Circuit, located at the Orange County Courthouse on North Orange Avenue in downtown Orlando. Filings go through the Orange County Clerk of Courts, which processes petitions, collects fees, maintains the court file, and issues certified copies such as letters of administration. Clerk staff cannot give legal advice or tell you which type of proceeding applies, which is one reason most families retain a probate attorney in Orlando before filing. Deeds and other instruments affecting Orange County real estate are recorded separately, through the Orange County Comptroller. Most estates require both offices. Knowing which one holds what will save you a trip downtown.

What Are Important Local Resources for Orlando Probate Cases?

These are the offices and organizations that come up most often in Orange County estates.

• Ninth Judicial Circuit Court of Florida, Orange County Courthouse at 425 N. Orange Avenue, Orlando. Court administration: 407-836-2050.
• Orange County Clerk of Courts Probate Division, which accepts probate filings and holds wills deposited for safekeeping. Phone: 407-836-2057.
• Orange County Comptroller Official Records, where deeds, mortgages, and liens on Orange County property are recorded and searchable. Phone: 407-836-5115.
• Florida Courts Help Probate Resources, the state judicial branch’s plain-language explanation of probate and related forms.
• Florida Department of Elder Affairs Aging and Disability Resource Centers, which connect Central Florida families to caregiver and elder services through the Elder Helpline at 1-800-963-5337.

Magill Law Offices does not endorse these organizations and has no affiliation with them. They are listed for informational purposes only.

About Magill Law Offices

Magill Law Offices has served Central Florida families for 49 years. Robert T. Magill is the owner and principal attorney, and his work as an Orlando, FL probate lawyer makes up the core of the practice. He earned his B.A. from the University of Central Florida in 2003 and his J.D. from Florida A&M University College of Law in 2009.

We represent individuals and families, not banks or corporate fiduciaries. Beyond probate, the firm handles estate planning, trusts, asset protection, and advance directives for clients across Orange County.

What Our Clients Say

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“Working with a lawyer to handle a probate case can be an overwhelming and stressful experience, but I was instantly put at ease when meeting with Robert Magill. My probate journey was a long and complicated one, but he handled everything with a level of ease and provided such clarity throughout every step. Most importantly, I never felt like just another case file; he was incredibly generous with his time and attention, focusing on getting things right rather than watching the clock. His genuine kindness and empathy made a world of difference and I highly recommend Robert Magill!” – Christy Ofria

Read more reviews on our Google Business Profile.

Additional Resources for Orlando Probate Cases

• What Beneficiaries Should Know About Probate
• Avoiding Florida Probate for Orlando Families
• Why You Cannot Leave Your Home to Anyone
• How to Choose the Right Trust for Your Estate

Contact Magill Law Offices

If you have been named personal representative, if you have inherited from someone who died in Orange County, or if you simply do not know what the estate requires, our Orlando probate lawyer can tell you where you stand. Consultations with our Orlando probate attorney are free. Bring what documents you have, and we will explain which type of proceeding fits, what the court will expect, and roughly how long it should take. We answer new inquiries promptly and will schedule around your availability. Contact us to arrange a time to review your options.