Lake County Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. represents clients throughout Lake County — including Tavares, Eustis, Mount Dora, Clermont, Leesburg, Lady Lake, Groveland, and the unincorporated areas surrounding them — in probate administration, estate planning, guardianship proceedings, trust administration, and probate and trust litigation.
Lake County's demographic profile — a substantial retirement-age population (particularly around The Villages on the Lake/Sumter county line, Mount Dora, and the Lady Lake area), significant lakefront and rural real estate holdings, and an active community of out-of-state seasonal residents — creates consistent demand for Florida probate, estate planning, and guardianship counsel.
Our firm has been in continuous practice in Central Florida since 1928. Important distinction: Lake County sits within the Fifth Judicial Circuit of Florida, NOT the Ninth Judicial Circuit that governs Orange and Osceola counties. The judges, local administrative rules, filing procedures, and scheduling conventions differ. Our attorneys account for those differences in every Lake County matter.
Probate Court Information
Lake County probate matters are filed in the Lake County Circuit Court — Probate Division.
The Lake County Circuit Court is in the Fifth Judicial Circuit of Florida (alongside Citrus, Hernando, Marion, and Sumter counties). The Fifth Circuit applies the same Florida Probate Code (Fla. Stat. Chapters 731–735), Florida Trust Code (Chapter 736), and Florida Guardianship Law (Chapter 744) that governs Central Florida generally — but the Lake County Probate Division's local administrative orders, filing requirements, and judicial calendaring are distinct from the Orange County practice many Orlando-area firms know.
Applicable thresholds and procedures:
- Summary Administration (Fla. Stat. § 735.201) — for estates with non-exempt assets at or below the statutory threshold, or decedents who died more than two years ago
- Formal Administration (Fla. Stat. Chapter 733) — required for larger estates and any contested matter
- Florida Probate Rule 5.030 requires an attorney licensed in Florida to represent the personal representative in Formal Administration
- Guardianship proceedings under Fla. Stat. Chapter 744, including Emergency Temporary Guardianship petitions (§ 744.3031) for urgent incapacity matters
- Trust proceedings under the Florida Trust Code (Fla. Stat. Chapter 736)
Approximately 35 miles from our Orlando office at 910 N. Fern Creek Avenue — typically 40–55 minutes via SR-50 or the Florida Turnpike depending on conditions. Our attorneys travel to Lake County for hearings as client matters require; many routine filings and procedural matters can proceed without client travel to the courthouse.
Note for Lake County families with property in The Villages or other multi-county retirement communities: estate planning and probate for residents whose primary residence spans the Lake/Sumter county line, or who own property in both counties, frequently raises venue questions under Fla. Stat. § 733.101. These matters often benefit from coordinated counsel rather than separate Lake County and Sumter County representation.
How We Serve Lake County Clients
Probate Administration
We represent personal representatives and beneficiaries in Lake County Summary and Formal Administration. We also handle contested probate litigation — will contests under Fla. Stat. § 733.109, removal of personal representatives under Fla. Stat. § 733.506, and breach of fiduciary duty claims — which requires active appearance in the Fifth Judicial Circuit and familiarity with its specific procedures.
Estate Planning
Wills, revocable and irrevocable trusts, special needs trusts, durable powers of attorney, living wills, and healthcare surrogate designations for Lake County families. David A. Yergey III's LL.M. in Taxation (University of Alabama, 2018) supports estate tax analysis for Lake County clients whose assets — including lakefront and rural real estate holdings — may approach federal estate tax exposure.
Guardianship
Emergency Temporary Guardianship petitions, plenary and limited guardianship, contested guardianship, guardian advocacy, and annual accountings for Lake County wards. David A. Yergey III is Founding President of the Florida Guardianship Support Network (flgsn.org), which has raised more than $700,000 in support of Florida guardianship families.
Trust Administration
Guidance for Lake County successor trustees and representation of beneficiaries when a trustee has failed to meet duties imposed by Fla. Stat. § 736.0802 (duty of loyalty), § 736.0813 (duty to inform and account), or related provisions of the Florida Trust Code.
Mediation
Both David A. Yergey, Jr. and David A. Yergey III are Florida Supreme Court Certified Circuit Court Mediators available for Lake County probate, trust, and guardianship mediation — often a faster and lower-cost path than full Fifth Circuit litigation.
What to Bring to Your First Consultation
For a probate matter (Lake County)
- Certified copy of the death certificate
- Original will, if one exists, or the most recent copy you have
- Decedent's address at death (Lake County venue confirmation under Fla. Stat. § 733.101)
- Preliminary asset inventory, including any Lake County real property and lakefront parcels
- Names and contact information for all beneficiaries and intestate heirs, including any out-of-state heirs
- Any prior correspondence from the Lake County Probate Division
For an estate planning consultation
- Existing estate planning documents, if any
- General asset list, including Lake County real estate and any property in adjacent counties
- Names of intended fiduciaries (personal representative, trustee, agent, healthcare surrogate)
- Family structure details (spouse, children, stepchildren, out-of-state heirs, beneficiaries with special needs)
Ready to speak with a Lake County 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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