Orange County Probate Attorney | Yergey & Yergey, P.A.

Domicile Decides the Courthouse

Florida does not let a family file probate wherever it is convenient. Under Fla. Stat. § 733.101, venue lies in the county where the decedent was domiciled — the place the decedent treated as a permanent home. Where the personal representative lives does not matter. If the decedent had no Florida domicile, venue lies in any county where the decedent's property is located.

The mistake we see most often is a child who lives in Tampa or Atlanta assuming the estate belongs near them. If a parent's permanent home was in College Park, Apopka, or Winter Garden, the estate belongs in Orange County. A petition filed in the wrong county can be transferred under § 733.101(3), but the transfer costs weeks that the estate's creditor and tax deadlines do not give back.

Deposit the Original Will First

Before anyone opens an estate, Florida imposes a separate duty that is easy to miss. Under Fla. Stat. § 732.901, whoever has custody of an original will must deposit it with the clerk of the county with venue within 10 days of learning of the death — whether or not probate is ever opened. In Orange County that means the Clerk's Probate Division, Suite 335 of the courthouse. The custodian supplies the date of death or the last four digits of the decedent's Social Security number; there is no charge to deposit, and $6 for a receipt.

The statute has teeth. On petition, a court can compel a custodian to produce the will and assess costs and attorney's fees against one who had no just or reasonable cause for holding it back. An original filed with a petition for administration is treated as deposited, which is why, when we are retained promptly, the deposit and the opening petition usually happen together.

What Gets Filed to Open an Orange County Estate

A formal administration opens with a petition for administration under Fla. Prob. R. 5.200, filed with the original will and a certified death certificate. The proposed personal representative files an oath under Rule 5.320 and the address and resident-agent designations Rule 5.110 calls for. With the proposed order admitting the will and appointing the personal representative, the filing fee is $400. Once the judge signs, the Clerk issues Letters of Administration — the document banks, brokerages, and title companies are supposed to honor.

Summary administration follows the Clerk's own checklist: the petition; a petition to admit the will if there is one; a petition to determine homestead where the decedent owned a Florida residence; a proposed order; an affidavit of heirs if there is no will; for a Florida resident, the notice regarding the original will; and, if the death was less than two years ago, a copy of the paid funeral bill. The filing fee is $345, or $235 for an estate under $1,000.

Summary or Formal: Which Track Applies

Summary administration under Fla. Stat. § 735.201 is available when the estate subject to administration in Florida, less exempt property, does not exceed $150,000 — the limit chapter 2026-57, Laws of Florida, raised from $75,000 effective July 1, 2026 — or when the decedent has been dead for more than two years. It is not available if the will directs formal administration. No personal representative is appointed; the court's order directs each asset holder to release assets to the beneficiaries.

Formal administration under Chapter 733 is required for larger estates and for any estate that needs someone with authority to act — to sell real estate, collect a debt, pursue or defend a lawsuit, or run a business. It takes longer, because the three-month creditor period that begins with publication of the notice to creditors under Fla. Stat. § 733.702 cannot be shortened.

When the Decedent Lived Elsewhere but Owned Orange County Property

A non-resident who owned a condominium near the theme parks, a rental house in Ocoee, or an Orange County bank account leaves Florida assets that a court here must pass on. Under Fla. Stat. § 734.102, the personal representative named in the will to administer the Florida property, or otherwise the personal representative appointed in the decedent's home state, is entitled to ancillary letters if qualified to act in Florida. If the Orange County property is the only Florida asset, the ancillary proceeding is filed here.

Ancillary estates often qualify for summary administration, but the Florida rules on who may serve as a personal representative apply even when the other state's court has already appointed someone. That is the question to settle first.

Mistakes That Stall Orange County Estates

Four errors account for most of the delay we see. Filing in the wrong county because that is where the family member handling things lives. Holding the original will at home, which invites a dispute and violates § 732.901. Assuming a will avoids probate: under Fla. Stat. § 733.103, a will is ineffective to prove title to property until it is admitted to probate. And attempting a formal administration without counsel, which Fla. Prob. R. 5.030 does not permit unless the personal representative is the only interested person — the Clerk's staff, as the Clerk's office states plainly, cannot give legal advice.

To open an Orange County estate

• A certified death certificate, and the decedent's last home address — it decides which county has the case
• The original will and any codicils; if the original is missing, every copy you can find
• A rough list of assets, noting which have beneficiary designations or joint owners
• Names and addresses of the surviving spouse, the children, and everyone named in the will
• The deed to any Orange County real estate, and whether it carried a homestead exemption

If the decedent lived outside Florida but owned property here

• The will, and any probate order or letters already issued in the other state
• The deed and legal description for the Florida property
• Contact information for the personal representative named in the will or appointed in the other state