Orange County Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. represents clients throughout Orange County — including Apopka, Maitland, Winter Garden, Ocoee, Windermere, Belle Isle, Edgewood, Bay Lake, Lake Buena Vista, Eatonville, Oakland, and the unincorporated areas surrounding them — in probate administration, estate planning, guardianship, trust administration, and probate litigation. We also represent families in Osceola County and Seminole County probate matters.
Our Orlando office at 910 N. Fern Creek Avenue is the home venue for Orange County probate matters. We have practiced before the Orange County Probate Division of the Ninth Judicial Circuit Court continuously since 1928, when founder C. Arthur Yergey was admitted to the Florida Bar. Four generations of Yergey attorneys have appeared in Orange County courts since.
Orange County's geographic and economic breadth — from established families in Winter Park and Windermere to growing communities in Apopka and Horizon West to commercial estates in Lake Buena Vista — creates substantial demand for sophisticated probate, estate planning, and guardianship counsel. The credentials our firm brings to Orange County matters (an LL.M. in Taxation, dual Florida Supreme Court Certified Mediators, active probate litigation capability) are not commonly found together in one firm in this market.
Probate Court Information
All Orange County probate matters — regardless of which Orange County municipality the decedent resided in — are filed in the Orange County Probate Division of the Ninth Judicial Circuit Court in downtown Orlando.
The Orange County Probate Division handles all forms of probate, guardianship, and trust proceedings authorized under Florida law:
- 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 estates above the Summary Administration threshold and for any contested matter
- Ancillary Administration (Fla. Stat. § 734.102) — for out-of-state decedents who owned Florida real property in Orange County
- Guardianship proceedings under Fla. Stat. Chapter 744 — including Emergency Temporary Guardianship, plenary and limited guardianship, and restoration of capacity
- Trust proceedings, including breach of fiduciary duty actions under Fla. Stat. Chapter 736
- Will contests, removal of personal representatives, and probate-related civil litigation
For Orange County families outside the City of Orlando, distance to the Probate Division varies: Apopka approximately 15 miles, Winter Garden approximately 15 miles, Windermere approximately 12 miles, Ocoee approximately 13 miles. Our firm handles all hearings and filings; in-person client presence at the courthouse is typically not required.
How We Serve Orange County Clients
Probate Administration (Orange County)
We represent personal representatives and beneficiaries from every Orange County municipality. Whether the estate is filed from Apopka, Maitland, Winter Garden, Ocoee, Windermere, or any unincorporated area, the matter is heard in the same Orange County Probate Division. We handle Summary and Formal Administration as well as contested matters that require active probate litigation.
Estate Planning for Orange County Families
Wills, revocable and irrevocable trusts, special needs trusts, durable powers of attorney, living wills, and healthcare surrogate designations. For Orange County families with significant real estate holdings — particularly in established communities like Winter Park, Windermere, and Lake Nona — David A. Yergey III's LL.M. in Taxation supports planning around federal estate tax exposure, homestead implications under Fla. Const. art. X, § 4, and inter-generational transfer strategies.
Guardianship Proceedings
All forms of Orange County guardianship — Emergency Temporary, plenary, limited, and guardian advocacy — are handled at the same courthouse. We have appeared in Orange County guardianship matters across our firm's history, and David A. Yergey III is Founding President of the Florida Guardianship Support Network.
Trust Administration and Litigation
Guidance for Orange County successor trustees and representation of beneficiaries in trustee breach proceedings under Fla. Stat. § 736.0802.
Mediation
Both partners are Florida Supreme Court Certified Circuit Court Mediators. For Orange County estate, trust, and guardianship disputes that can be resolved short of trial, mediation is typically faster, less costly, and preserves family relationships.
Orange CountyProbate: Costs, Timelines & Procedure
One Division for Every Orange County Municipality
Wherever in Orange County a person lived — Orlando, Apopka, Winter Garden, Ocoee, Maitland, Windermere, Belle Isle, or an unincorporated area — probate is filed in a single place: the Orange County Probate Division of the Ninth Judicial Circuit, downtown at 425 N. Orange Avenue. Venue under Fla. Stat. § 733.101 follows the decedent's county of residence, not the city, so municipal boundaries do not change where the case is heard.
That concentration makes Orange County's the busiest probate division in Central Florida. High volume means the division's clerks and judges hold exacting expectations about how an opening filing should look — filings that meet them move; filings that do not wait for revisions.
Which Probate Track a County Estate Needs
Summary administration under Fla. Stat. § 735.201 is the short track — 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. No personal representative is appointed, and a clean summary case closes in weeks.
Formal administration under Chapter 733 is the standard track for larger estates and any estate needing an active personal representative to sell property, run a business, or litigate. It appoints a personal representative under Letters of Administration and typically runs six to twelve months.
What Probate Costs
Court costs begin with the clerk's filing fee — roughly $400 for a formal administration under Fla. Stat. § 28.241 (summary is lower) — plus newspaper publication and certified copies. Personal representative compensation follows the presumed-reasonable schedule of Fla. Stat. § 733.617 (three percent of the first $1 million of compensable value), and attorney's fees follow the parallel schedule of Fla. Stat. § 733.6171 (for example, three percent of value between $100,000 and $1 million).
These are statutory guidelines, not mandates. Fees may be set by written agreement, increased by the court for extraordinary services, or reduced where the statutory figure would be unreasonable. We quote the arrangement in writing before you engage the firm.
The Formal Administration Sequence
The petition is filed with the original will and the death certificate, and the court issues Letters of Administration. The personal representative then serves the Notice of Administration under Fla. Stat. § 733.212 (opening a 90-day window to contest the will or the appointment) and publishes and serves the Notice to Creditors under Fla. Stat. § 733.2121. An Inventory at date-of-death value is filed within 60 days under Fla. Stat. § 733.604.
After the mandatory three-month creditor-claims period under Fla. Stat. § 733.702 closes, the personal representative resolves claims, files a Final Accounting and a Petition for Discharge, distributes the estate, and obtains an Order of Discharge that closes it.
When an Orange County Estate Is Contested
The volume that runs through Orange County also produces the region's largest share of contested estates, and contested probate is a core part of this firm's practice. Will contests under Fla. Stat. § 733.109 challenge a will for lack of capacity, undue influence, or improper execution; petitions to remove a personal representative under Fla. Stat. § 733.506 address a fiduciary who is not performing or holds a disqualifying conflict; and breach-of-fiduciary-duty claims hold a representative or trustee to account.
These matters are set on the division's evidentiary calendar, where standing with the bench and clerk's office — which this firm has held in Orange County since 1928 — measurably shortens the path.
What to Bring to Your First Consultation
For a probate matter (Orange County)
- 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 (determines venue confirmation)
- Preliminary asset inventory, including any Orange County real property and its parcel identification number if known
- Names and contact information for all beneficiaries and intestate heirs
- Any prior correspondence from the Orange County Probate Division
For an estate planning consultation
- Existing estate planning documents, if any
- General asset list including Orange County real property
- Names of intended personal representative, trustee, agent under power of attorney, and healthcare surrogate
- Family structure, including any out-of-state beneficiaries or beneficiaries with special needs
Frequently Asked Questions
- Where is probate filed for an Orange County resident?
- In the Orange County Probate Division of the Ninth Judicial Circuit at the Orange County Courthouse, 425 N. Orange Avenue, Orlando — for a resident of any Orange County municipality or unincorporated area, because venue under Fla. Stat. § 733.101 follows the county of residence, not the city. Filings are e-filed, and the original will is deposited with the Clerk under Fla. Stat. § 732.901.
- How much does probate cost in Orange 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. The statute sets presumed-reasonable fees — about three percent of value between $100,000 and $1 million — adjustable by written agreement or by the court. We quote it in writing first.
- How long does Orange County probate take?
- 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. Real-estate sales, estate tax returns, and contested matters extend it, with contested cases reaching an evidentiary hearing often running eighteen to thirty-six months.
- Do I need a probate attorney in Orange 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. Summary administration does not always require counsel, but the high-volume Orange County division processes filings most cleanly when they are prepared as its clerks and judges expect.
- Does the Orange County municipality the decedent lived in change anything?
- No. A resident of Apopka, Winter Garden, Maitland, Ocoee, Windermere, or any other Orange County community files in the same Orange County Probate Division; the municipality does not create a separate venue. What can matter is where the decedent's real property sits, which affects how title is cleared after the estate closes.
- What is the difference between summary and formal administration?
- Summary administration (Fla. Stat. § 735.201) is a simplified track for estates at or below the statutory threshold ($75,000, rising to $150,000 on July 1, 2026) or where the decedent died more than two years ago; no personal representative is appointed and it can close in weeks. Formal administration (Chapter 733) appoints a personal representative and is required for larger or actively managed estates, typically taking six to twelve months.
Ready to speak with an Orange 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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