Dr. Phillips and Windermere Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Dr. Phillips, an unincorporated census-designated place, and the Town of Windermere are both in Orange County, so estates of their residents are administered at the Orange County Probate Division in downtown Orlando — the court our Orlando probate attorneys have appeared in since 1928.
Two parts of the law often shape planning for a family home: the homestead provisions of article X, section 4 of the Florida Constitution, which can restrict who may receive a residence at death, and the federal estate tax for estates above the basic exclusion amount — $15 million per person for 2026. See Florida homestead in probate and Florida estate tax planning.
We represent Dr. Phillips and Windermere families in probate administration, estate planning, and trust administration, including trust and estate disputes that end up in litigation or mediation.
Probate Court Information
Dr. Phillips and Windermere probate matters are filed in the Orange County Probate Division of the Ninth Judicial Circuit Court.
The Orange County Probate Division handles:
- Summary Administration proceedings (Fla. Stat. § 735.201): non-exempt assets of $150,000 or less for decedents who died on or after July 1, 2026 ($75,000 for earlier deaths), or decedents who died more than two years ago
- Formal Administration proceedings (Fla. Stat. § 733.101 et seq.)
- Trust proceedings under Florida's Trust Code (Fla. Stat. Chapter 736)
- Will contest and probate litigation
Typical timelines for Orange County estates: Summary Administration 4–8 weeks from filing; Formal Administration 6–12 months minimum (longer when contested or with pending creditor claims).
How We Serve Dr. Phillips & Windermere Clients
Estate Planning
Wills, revocable and irrevocable trusts, durable powers of attorney, living wills, and health care surrogate designations. David A. Yergey III's LL.M. in Taxation (University of Alabama, 2018) brings graduate-level tax analysis to plans for estates approaching or above the federal exemption.
Probate Administration
We represent personal representatives and beneficiaries in Orange County Summary and Formal Administration, including homestead determinations and the sale of estate real estate.
Trust Administration and Litigation
We guide successor trustees through their statutory duties and represent beneficiaries when a trustee has failed to meet the obligations imposed by Fla. Stat. § 736.0802 (duty of loyalty) and § 736.0813 (duty to inform and account).
Mediation
Both David A. Yergey, Jr. and David A. Yergey III are Florida Supreme Court Certified Circuit Court Mediators. We offer certified mediation for Dr. Phillips and Windermere probate and trust disputes as an alternative to full litigation.
What to Bring to Your First Consultation
For a probate matter
- Certified copy of the death certificate
- The original will (if one exists) or the most recent copy you have
- A preliminary list of the decedent's assets and their approximate values
- Names and contact information for all beneficiaries and heirs at law
- Any prior correspondence with the probate court or other attorneys
For an estate planning consultation
- Current will, trust, or power of attorney documents if you have them — including any signed in another state
- A general list of your assets (real estate, bank accounts, retirement accounts, life insurance policies, business interests)
- Names of individuals you would want to serve as personal representative, trustee, or agent
- A list of your intended beneficiaries
Frequently Asked Questions
- Where is probate filed for a Windermere or Dr. Phillips resident?
- For a decedent domiciled in Dr. Phillips or Windermere, in the Orange County Probate Division of the Ninth Judicial Circuit, at 425 N. Orange Avenue in Orlando, under the venue rules of Fla. Stat. § 733.101. Both Dr. Phillips and the Town of Windermere are in Orange County.
- Can we keep the family home out of probate?
- Assets titled in a funded revocable trust pass under the trust rather than through probate. But if the home is homestead and you are survived by a spouse or minor child, Fla. Stat. § 732.4015(1) limits who may receive it, and § 732.4015(2)(b) applies those limits to a disposition by trust as well — so the plan has to be built around them.
Ready to speak with a Dr. Phillips or Windermere probate attorney?
Call (407) 843-0430 or book a consultation online.
Or text PROBATE to (407) 906-9507 for a faster response.
Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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