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. We also serve Sumter County and Marion County families in the same Fifth Judicial Circuit.
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.
Lake CountyProbate: Costs, Timelines & Procedure
Lake County and the Fifth Circuit
Lake County probate is filed in the Lake County Circuit Court's Probate Division at the Lake County Courthouse in Tavares, part of the Fifth Judicial Circuit (with Citrus, Hernando, Marion, and Sumter). The Fifth Circuit applies the same Florida Probate Code as the rest of the state, but its local administrative orders, filing requirements, and calendaring are distinct from the Orange County practice most Orlando-area firms know.
We serve Tavares, Eustis, Mount Dora, Clermont, Leesburg, Lady Lake, Groveland, and the surrounding communities — a county whose retiree-heavy population gives its probate docket a character of its own.
Retiree Estates, Homestead, and the Two-Year Rule
Lake County's older population shapes the estates we handle here. Two features recur. First, Florida homestead: the primary residence carries constitutional protection from most creditors and descends under special rules (Fla. Const. art. X, § 4; Fla. Stat. § 732.401), and getting the homestead determination right is often the whole ballgame in a Lake County estate. Second, the two-year rule: because families sometimes wait, an estate where the decedent died more than two years ago can proceed by summary administration under Fla. Stat. § 735.201 regardless of size, since creditor claims are then barred by Fla. Stat. § 733.710.
That combination means more Lake County estates qualify for the faster summary track than a simple asset count would predict — and identifying eligibility early saves families months.
Which Probate Track a Lake Estate Needs
Summary administration under Fla. Stat. § 735.201 is available when non-exempt assets do not exceed $75,000 (rising to $150,000 for deaths on or after July 1, 2026 under CS/SB 1500) or when the decedent has been dead more than two years. Formal administration under Chapter 733 is required for larger estates and for any estate needing an active personal representative.
Because homestead is not counted as a non-exempt asset for the summary threshold, a Lake County estate whose main value is the family home frequently qualifies for summary administration even when the home is worth well above the dollar limit.
What Probate Costs in Lake County
The clerk's filing fee for a formal administration is approximately $400 under Fla. Stat. § 28.241 (summary is lower), plus publication and certified copies. Personal representative compensation follows Fla. Stat. § 733.617 and attorney's fees follow Fla. Stat. § 733.6171 — for example, three percent of estate value between $100,000 and $1 million.
Where an estate qualifies for summary administration — common in Lake County — total cost is markedly lower than a formal administration, because no personal representative is appointed and the proceeding is shorter. These figures are presumed-reasonable guidelines, adjustable by agreement or the court; we quote the arrangement in writing before you engage us.
The Formal Administration Sequence
When formal administration is required, the petition is filed with the original will and death certificate, and the court issues Letters of Administration. The personal representative serves the Notice of Administration under Fla. Stat. § 733.212 (a 90-day contest window), publishes and serves the Notice to Creditors under Fla. Stat. § 733.2121, and files an Inventory within 60 days under Fla. Stat. § 733.604.
After the three-month creditor-claims period under Fla. Stat. § 733.702 closes, the personal representative resolves claims, files a Final Accounting and Petition for Discharge, distributes the estate, and obtains an Order of Discharge — six to twelve months for a routine Lake County estate.
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)
Frequently Asked Questions
- Where is probate filed for a Lake County resident?
- In the Lake County Circuit Court's Probate Division at the Lake County Courthouse, 550 W. Main Street, Tavares — part of the Fifth Judicial Circuit. Venue follows the decedent's county of residence under Fla. Stat. § 733.101, and the original will is deposited with the Clerk under Fla. Stat. § 732.901.
- My parent died more than two years ago — is Lake County probate still possible?
- Yes, and it is often simpler. When the decedent has been dead more than two years, creditor claims are barred under Fla. Stat. § 733.710, and the estate can proceed by summary administration under Fla. Stat. § 735.201 regardless of its size. Older, never-probated Lake County estates — frequently clouding the title to a home — are a routine matter for us.
- Is the family home counted toward the Lake County summary-administration limit?
- Generally no — Florida homestead is exempt property and is not counted among the non-exempt assets measured against the summary threshold. That is why a Lake County estate whose main asset is the residence often qualifies for summary administration even when the home's value exceeds the dollar limit. The homestead determination itself is a key step.
- How much does probate cost in Lake County?
- A formal-administration filing fee of roughly $400 under Fla. Stat. § 28.241, plus publication and certified copies, then personal representative compensation under Fla. Stat. § 733.617 and attorney's fees under Fla. Stat. § 733.6171. A summary administration — common in Lake County — costs materially less. These are presumed-reasonable figures, adjustable by agreement or the court; we quote it in writing first.
- How long does Lake County probate take?
- A qualifying summary administration typically closes in four to eight weeks. Formal administration runs six to twelve months for a routine estate, floored by the three-month creditor-claims period under Fla. Stat. § 733.702. Contested matters and property sales extend it.
- Do I need a probate attorney in Lake County?
- For formal administration, yes — Florida Probate Rule 5.030 requires the personal representative to be represented, except where the representative is the sole interested person. The Fifth Circuit's Lake County procedures differ from Orange County's, so local familiarity matters even in an uncontested summary case.
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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