Orange County Probate Court: A Guide to Filing, Deadlines, and Records

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.

A child who lives in Tampa or Atlanta may assume the estate belongs near them. It does not. 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 (Fla. Stat. § 733.101(3)), but the transfer costs time while the estate's other deadlines keep running.

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 (Fla. Stat. § 732.901(1)); 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 (Fla. Stat. § 732.901(2)). An original filed with a petition for administration is treated as deposited (Fla. Stat. § 732.901(3)), which is why the deposit and the opening petition often happen together.

What Gets Filed to Open an Orange County Estate

A formal administration opens with a verified petition for administration under Fla. Prob. R. 5.200, filed with the original will and a certified death certificate. Before letters issue, the proposed personal representative files an oath under Rule 5.320 and the address and resident-agent designations Rule 5.110 calls for. In Orange County the filing also includes the Ninth Circuit's checklist for opening a formal administration, which must be fully completed or the court will not consider it. The Clerk's fee for a formal administration is $400. Once the judge signs the order, the Clerk issues Letters of Administration — the document banks, brokerages, and title companies ask to see.

A summary administration has its own Ninth Circuit checklist. It asks for the certified death certificate, the original will if there is one, a verified petition with a schedule of assets and a proposed distribution, the notice regarding the original will the circuit requires by administrative order, an affidavit of heirs in the circuit's form if there is no will, the funeral bill with proof of payment, and proposed orders. The Clerk's fee is $345, or $235 for an estate of $1,000 or less. Under the division procedures, the Clerk audits summary administration and homestead orders before the judge reviews them.

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 (Fla. Stat. § 735.201(1)). No personal representative is appointed; the court's order lets each asset holder release assets to the persons entitled to them (Fla. Stat. § 735.206).

Formal administration under Chapter 733 is used when the estate does not qualify for summary administration, and when someone needs authority to act for the estate — to sell real estate, collect a debt, pursue or defend a lawsuit, or run a business. It takes longer because it runs on the statutory notice and claims periods described below.

Timeline of an Orange County Formal Administration

No statute sets one deadline for closing an estate. The length of an Orange County formal administration comes from a chain of statutory periods, most of which begin only after the court appoints the personal representative. The steps below describe a straightforward estate. Contested claims, a real estate sale, a will contest, or a federal estate tax return add time.

Letters of administration. The case opens with the petition, the original will, the oath, the designations, and the opening checklist. Routine orders appointing a personal representative are submitted to the judge for review in chambers, and the division procedures ask counsel to allow at least 14 days before following up. When the order is signed, the Clerk issues letters, and the clocks below can start.

Notice of administration (Fla. Stat. § 733.212). The personal representative must promptly serve the notice of administration on the surviving spouse, the beneficiaries, certain trustees and trust beneficiaries, and anyone who may be entitled to exempt property. A person served has 3 months from service to object to the validity of the will, the venue, or the court's jurisdiction, or the objection is forever barred (§ 733.212(3)). Service also starts the surviving spouse's time to elect an elective share: the earlier of 6 months after service or 2 years after the death (§ 733.212(2)(e)).

Notice to creditors and publication (Fla. Stat. § 733.2121). The personal representative must promptly publish a notice to creditors once a week for 2 consecutive weeks in a newspaper published in Orange County, search diligently for creditors who are reasonably ascertainable, and serve them. If the decedent was 55 or older, the notice and a copy of the death certificate must be served on the Agency for Health Care Administration within 3 months after first publication (§ 733.2121(3)(d)).

The 3-month creditor period (Fla. Stat. § 733.702). A claim is not binding on the estate unless it is filed by the later of 3 months after first publication or, for a creditor who had to be served, 30 days after service. The court can extend that time only for fraud, estoppel, or insufficient notice (§ 733.702(3)).

Inventory within 60 days (Fla. Prob. R. 5.340; Fla. Stat. § 733.604). Unless one was already filed, the personal representative must file an inventory within 60 days after letters issue (Fla. Prob. R. 5.340(a)). The inventory is verified, lists estate property with its estimated fair market value at the date of death, and is confidential (Fla. Stat. § 733.604(1)).

Objections to claims (Fla. Stat. § 733.705). The personal representative or another interested person may object to a claim within 4 months after first publication, or within 30 days after a claim is timely filed or amended, whichever is later (§ 733.705(2)). A creditor whose claim draws an objection has 30 days from service of the objection to file an independent action, unless that time is extended (§ 733.705(5)). The personal representative cannot be compelled to pay claims until 5 months after first publication, and must pay claims within 1 year of first publication, with extensions for claims in litigation and other exceptions (§ 733.705(1)).

The 2-year bar (Fla. Stat. § 733.710). Separately from the publication deadlines, 2 years after the death the estate, the personal representative, and the beneficiaries are no longer liable for claims against the decedent, whether or not an estate was ever opened. The bar does not apply to a creditor who filed a claim within the 2 years that has not been paid or otherwise resolved, and it does not affect a recorded mortgage or security interest (§ 733.710(2)–(3)).

Final accounting and discharge (Fla. Prob. R. 5.400; Fla. Stat. § 733.901). When administration is complete except for distribution, the personal representative files a final accounting and a petition for discharge with a plan of distribution. For an estate that does not file a federal estate tax return, the rule calls for these to be filed and served within 12 months after letters issue, unless the court extends the time (Fla. Prob. R. 5.400). Interested persons have 30 days from service to object. In Orange County, the closing papers go in with the Ninth Circuit's checklist for closing a formal administration, and the Clerk audits discharge orders before the judge reviews them. Once the court discharges the personal representative, the discharge bars any action against the personal representative and the surety (§ 733.901(2)).

Put together, an uncontested formal administration cannot properly close until the creditor and objection periods have run, which is several months after letters at the earliest, and the rules' default is 12 months from letters. That is general framing, not a prediction for any estate; disputes, property sales, and tax filings can carry an administration well past a year.

Safe-Deposit Boxes and Small Bank Accounts

A safe-deposit box can be searched before anyone is appointed. On satisfactory proof of death, the bank must let a person named in a court order — or, if there is no order, the spouse, a parent, an adult descendant, or a person named as personal representative in a copy of a purported will — open and examine the box in the presence of a bank officer (Fla. Stat. § 655.935). The bank may hand over only three things: a writing that appears to be a will, which goes to the probate court for the county where the bank is located; a burial-plot deed or burial instructions, to the person searching; and a life insurance policy, to the named beneficiary. The officer copies anything removed and leaves the copy in the box with a memorandum of delivery. This search is not the box's initial opening.

After appointment, the bank must give the personal representative access to the box on presentation of certified letters (Fla. Stat. § 655.936). The initial opening must take place in the presence of two of these three: a bank employee, the personal representative, or the personal representative's attorney. Each person present signs the inventory of the contents under penalty of perjury, and the personal representative files it, with the box entry record from 6 months before the death, within 10 days after the box is opened (Fla. Stat. § 733.6065). The Clerk's fee for a petition to open a safe-deposit box is $231.

Some small accounts can be collected without any court case. A Florida bank may pay a family member the funds in accounts held in the decedent's sole name with no pay-on-death or survivor designation, if the total at that bank is $2,000 or less, but not until 6 months after the death (Fla. Stat. § 735.303). Family member means the surviving spouse; if none, an adult child; if none, an adult descendant; and if none, a parent. The family member gives the bank a certified death certificate and a sworn affidavit that no personal representative has been appointed and no probate has been started. The bank may pay but is not required to. The family member is personally liable to creditors and others entitled to the funds for anything received beyond their share. Other options are covered in our guide to alternatives to probate.

Caveats

A caveat is a filing that asks the court not to act on an estate without telling you. Any interested person who is concerned that an estate will be administered, or a will admitted, without their knowledge may file one (Fla. Stat. § 731.110(1)). A caveat by anyone other than a creditor can be filed before or after the death; a creditor may file only after the death. If a non-creditor has filed a caveat, the court may not admit a will or appoint a personal representative until the caveator has been served with formal notice of the petition and has had the opportunity to take part (§ 731.110(3)). A caveator who lives outside Florida and has no Florida attorney signing the caveat must designate an agent who lives in the county (§ 731.110(2)). A caveat filed before the death expires 2 years after filing (§ 731.110(4)). The Orange County Clerk's fee for a caveat is $41, and the Ninth Circuit's opening checklists ask counsel to identify any caveat on file.

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.

Summary administration is open to a nonresident's estate if it otherwise qualifies (Fla. Stat. § 735.201). In a formal ancillary administration, the person appointed must be qualified to act in Florida, even if the other state's court has already appointed someone (Fla. Stat. § 734.102(1)). That is the question to settle first.

The Guardianship Side of the Same Division

Orange County guardianships are heard in the same probate divisions, and the Clerk's Probate Division keeps the files. The judges' procedures note that guardianship and mental health cases are confidential, so they do not appear on an online docket. After a guardian is appointed, the case runs on reporting deadlines set by Chapter 744. Our guardianship page covers how a guardian is appointed.

Initial report (Fla. Stat. §§ 744.362, 744.363). Each guardian must file an initial guardianship report within 60 days after letters of guardianship are signed. For a guardian of the property, the report is a verified inventory. For a guardian of the person, it is an initial guardianship plan covering medical, mental health, and personal care; social services; the residential setting; insurance and public benefits; needed examinations; and any existing do-not-resuscitate orders or advance directives. The report is served on the ward, unless the ward is a minor under 14 or totally incapacitated, and on the ward's attorney.

Inventory (Fla. Stat. § 744.365). The verified inventory lists all of the ward's property, liens and claims against it, where it is located, and all sources of income, with the most recent statements for every cash account. A ward's safe-deposit box must be opened and inventoried in the presence of a bank employee, the box inventory is filed within 10 days, and nothing may be removed without court approval. When the ward's property exceeds $25,000, the Clerk charges an $85 audit fee on the inventory.

Annual reports (Fla. Stat. §§ 744.367, 744.3675, 744.3678). A guardian of the person files an annual guardianship plan within 90 days after the last day of the anniversary month in which letters were signed, or by April 1 if the court requires calendar-year filing. For an adult ward, the plan includes a report from a physician or advanced practice registered nurse who examined the ward no more than 90 days before the reporting period begins, and must address whether any rights can be restored. A guardian of the property files an annual accounting by April 1 covering the prior calendar year or, if the court authorizes a fiscal year, by the first day of the fourth month after the fiscal year ends; the guardian tells the court which basis it will use within 30 days after letters issue. The accounting shows all receipts and disbursements and includes year-end statements for each cash account, and the guardian keeps receipts for 3 years after discharge. Any interested person may object within 30 days after an annual report is filed, and a late report can lead to sanctions, including removal (§ 744.367(4)–(5)).

The Clerk's audit (Fla. Stat. § 744.368). The Clerk reviews each initial and annual report for the required content, completes review of a guardian of the person's report within 30 days, and audits the verified inventory and accountings of a guardian of the property within 90 days after filing, reporting the results to the court. The Clerk must tell the court when a report is late, and may request records, conduct further audits, and, with court approval, subpoena records from third parties. Audit fees on annual accountings run from $20 to $250 depending on the value of the ward's property (§ 744.3678(4)). The reports themselves are confidential (Fla. Stat. § 744.3701).

Mediation in Orange County Probate and Guardianship Disputes

Florida's mediation statute, Chapter 44, defines mediation as a process in which a neutral third person helps the parties reach a voluntary agreement; the decision-making authority stays with the parties (Fla. Stat. § 44.1011(2)). In circuit court mediation, a party's lawyer of record must attend unless the parties stipulate or the court orders otherwise (§ 44.1011(2)(b)). A court may refer all or part of a filed civil action to mediation, and court-ordered mediation follows rules adopted by the Florida Supreme Court (Fla. Stat. § 44.102). What is said in mediation is confidential and privileged, with limited exceptions, but a signed written settlement agreement is not confidential unless the parties agree otherwise (Fla. Stat. § 44.405).

We found no Ninth Circuit program specific to probate or guardianship mediation. The circuit's court-staff Dispute Resolution Services program lists county civil, small claims, eviction, and family mediation; it does not list probate or guardianship cases, and it describes circuit mediations as handled by private mediators outside the court. Both of our partners are Florida Supreme Court Certified Circuit Court Mediators. Our mediation page explains how a mediation is set up.

Finding Orange County Probate Records

Probate dockets are searchable in the Clerk's my eClerk system. To check whether a will was deposited, choose the Records Search, select the case type Wills for Safekeeping, and enter an approximate date range for when the will was filed. The Clerk keeps a deposited original will for at least 20 years (Fla. Stat. § 732.901(4)). Certified copies can be requested online or in person; copies are $1 per page and certification is $2.

Not everything in a probate file is public. Estate inventories and accountings are confidential and are available to the personal representative, the personal representative's attorney, interested persons, or anyone else only by court order for good cause (Fla. Stat. § 733.604(1)(b)). Guardianship reports are open only to the court, the Clerk, the guardian and the guardian's attorney, the ward in some cases, and the ward's attorney, unless the court orders otherwise (Fla. Stat. § 744.3701).

Mistakes That Stall Orange County Estates

Four avoidable errors can delay an Orange County estate. Filing in the wrong county because that is where the family member handling things lives (Fla. Stat. § 733.101). Holding the original will at home, which invites a dispute and violates Fla. Stat. § 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 sole interested person.

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