Florida Probate Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. is based in Orlando, and the great majority of our probate, estate planning, guardianship, and trust work is concentrated in Central Florida — Orange, Seminole, Osceola, Lake, Brevard, and Volusia Counties. This page is for the matters that fall outside that core area: an out-of-state decedent who owned Florida property, a Florida family member whose case is venued in a county where we do not maintain a dedicated location page, or a trust dispute that is not tied to any single courthouse.
Florida probate is governed by state law — the Florida Probate Code, Fla. Stat. Chapters 731 through 735 — which applies identically in all 67 of Florida's counties. What differs county to county is venue (which circuit hears the case) and each circuit's own administrative orders and local procedure, not the underlying substantive law. A Florida-licensed attorney can appear in any Florida probate division; what changes is which courthouse the filing goes to and how that division's clerks and judges like matters presented.
We regularly handle three kinds of matters outside our primary Central Florida counties: ancillary administration for non-Florida decedents who owned Florida real estate, trust administration and litigation for trustees and beneficiaries anywhere in the state, and estate planning for Florida property owners who live elsewhere. Where a matter genuinely requires sustained local presence in a distant circuit, we partner with trusted local counsel while remaining lead counsel on the file.
Probate Court Information
Venue for a Florida probate is set by Fla. Stat. § 733.101: the case is filed in the circuit court's probate division for the county where the decedent resided at death, or — for a non-Florida resident — any Florida county where the decedent owned property.
Every one of Florida's 20 judicial circuits applies the same Florida Probate Code. The matters below are ones we routinely handle regardless of which circuit the case is venued in:
- Ancillary Administration (Fla. Stat. § 734.102) — for out-of-state decedents who owned Florida real estate or other Florida property
- Formal and Summary Administration (Fla. Stat. Chapters 733 and 735) in any Florida county, filed through the Florida Courts E-Filing Portal
- Trust administration and trustee breach litigation under the Florida Trust Code (Fla. Stat. Chapter 736), which is not tied to any single courthouse
- Estate planning for Florida property owners, snowbirds, and out-of-state families with Florida real estate or business interests
- Referral and local co-counsel arrangements for matters requiring sustained presence in a distant circuit
Most Florida probate matters do not require the client to appear in person, wherever the case is filed. Filings are e-filed statewide, and hearings are frequently conducted by phone or video; we travel to a distant circuit when a matter requires it.
How We Serve Florida Clients
Ancillary Administration
When a decedent who lived outside Florida owned Florida real estate, a vacation home, or other Florida-situs property, the home-state probate alone does not clear title in Florida. We handle ancillary administration under Fla. Stat. § 734.102 to transfer that Florida property to the proper heirs or buyers, working alongside the home-state personal representative and, where needed, home-state counsel.
Estate Planning for Property Owners Statewide
Wills, revocable and irrevocable trusts, and powers of attorney for clients who own Florida property but live elsewhere, or Central Florida clients who also hold property in another Florida county. Managing partner David A. Yergey III's LL.M. in Taxation supports planning for multi-property and multi-state estates.
Trust Administration and Litigation
A trustee's duties under the Florida Trust Code (Fla. Stat. Chapter 736) do not depend on where the trust's beneficiaries or assets happen to sit. We represent successor trustees and beneficiaries in trust administration and breach-of-fiduciary-duty disputes statewide.
Mediation
Both David A. Yergey, Jr. and David A. Yergey III are Florida Supreme Court Certified Circuit Court Mediators. Probate, trust, and guardianship mediation can typically be conducted by video regardless of which Florida county the underlying case is filed in.
Local Co-Counsel Referrals
Where a matter needs a sustained, in-person local presence in a circuit far from Orlando — frequent hearings, jury proceedings, or extensive local discovery — we partner with trusted local counsel while remaining lead counsel on the strategy and substance of the case.
FloridaProbate: Costs, Timelines & Procedure
One Probate Code, Every County
Florida probate substantive law comes from the Florida Probate Code, Fla. Stat. Chapters 731 through 735, and the Florida Probate Rules — both apply identically whether a case is filed in Orange County or the Florida Panhandle. Venue under Fla. Stat. § 733.101 determines which of Florida's 20 judicial circuits hears a given case; it does not change what the law requires.
What does vary by circuit is local administrative practice — each circuit's chief judge issues administrative orders governing scheduling, hearing format, and case-management expectations, and individual probate divisions develop their own conventions for how a clean filing should look. That local knowledge is where an attorney's familiarity with a specific division adds value, separate from knowledge of the underlying statute.
Ancillary Administration for Out-of-State Decedents
Under Fla. Stat. § 734.102, a non-Florida resident who died owning Florida real estate, a Florida-titled vehicle or boat, or other Florida-situs property generally needs a Florida ancillary administration — a proceeding that runs alongside, not in place of, the home-state probate. The home-state personal representative typically applies to serve as Florida ancillary personal representative, subject to Florida's own qualification rules.
Ancillary administration protects Florida creditors' right to file claims and clears Florida title through the recorded probate process. Assets that pass outside probate — joint ownership with right of survivorship, or a beneficiary designation — do not require it.
Estates With Property in More Than One Florida County
Probate is opened once, in the decedent's county of residence under Fla. Stat. § 733.101 — not separately in every county where the decedent owned property. Real estate located in other Florida counties is administered through that single home-county probate; a certified copy of the Letters of Administration or the final order is then recorded in each property county's public records to clear title there. A second, ancillary Florida proceeding is not needed for property that is simply in a different Florida county from the decedent's residence.
What Statewide Matters Typically Cost
The statutory fee schedules are state law and apply the same way regardless of county: the clerk's filing fee follows Fla. Stat. § 28.241 (roughly $400 for a formal administration, though it can vary slightly by clerk), personal representative compensation follows Fla. Stat. § 733.617, and attorney's fees for ordinary services follow the parallel schedule in Fla. Stat. § 733.6171. Ancillary administration typically carries lower fees than a full domiciliary administration, since it addresses only the Florida-situs assets.
What to Bring to Your First Consultation
For a probate matter
- Certified copy of the death certificate
- Original will, if one exists, or the most recent copy you have
- Address where the decedent resided at death, and the county and address of any Florida real property
- Preliminary asset inventory
- Names and contact information for all named beneficiaries and intestate heirs
For an estate planning consultation
- Existing estate planning documents, if any
- General asset list, including the county of any Florida real property
- Names of intended personal representative, trustee, agent under power of attorney, and healthcare surrogate
Frequently Asked Questions
- Can an Orlando-based attorney handle my probate case in a different Florida county?
- Yes. Florida Bar admission is statewide, filings are e-filed through the same Florida Courts E-Filing Portal regardless of county, and most hearings can be attended by phone or video. Where a case needs sustained local presence, we bring in trusted local counsel while remaining lead counsel on the matter.
- What is ancillary administration, and do I need it?
- Ancillary administration (Fla. Stat. § 734.102) is a Florida probate proceeding for a decedent who lived in another state but owned Florida property — most commonly real estate. It runs alongside the home-state probate and is what actually clears title to the Florida property. See our ancillary administration guide for the full process.
- Is Florida probate law different from county to county?
- No — the substantive law is the Florida Probate Code (Fla. Stat. Chapters 731–735), which is identical statewide. What varies by county is venue (which circuit hears the case) and each circuit's own local administrative procedures and scheduling practices.
- My family member lived out of state but owned a Florida vacation home. What happens now?
- The home-state probate does not, by itself, transfer title to the Florida property. A Florida ancillary administration under Fla. Stat. § 734.102 is generally required to clear title and distribute or sell the Florida property, coordinated with the home-state proceeding.
- How much does Florida probate cost outside Central Florida?
- The statutory fee schedules — the clerk's filing fee under Fla. Stat. § 28.241, personal representative compensation under Fla. Stat. § 733.617, and attorney's fees under Fla. Stat. § 733.6171 — are state law and apply the same way in every county. Actual cost still depends on estate size and complexity, not which county the case is filed in.
- How long does probate take outside Central Florida?
- The statutory framework is the same everywhere: summary administration typically closes in four to eight weeks, and formal administration takes six to twelve months at minimum because of the mandatory three-month creditor-claims period under Fla. Stat. § 733.702. Local court volume and scheduling can move the actual timeline within that range.
Need a Florida probate attorney outside Central Florida?
Call (407) 843-0430 or book a consultation online — we can tell you quickly whether we handle a matter directly or connect you with trusted local counsel.
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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