Orlando Probate Attorney | Yergey & Yergey, P.A.

Which Probate Track an Orlando Estate Needs

Florida provides two probate tracks, and which one applies is the single biggest driver of both cost and timeline. Summary administration under Fla. Stat. § 735.201 is available when the estate's non-exempt assets do not exceed $150,000 — a limit that 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, which bars creditor claims by statute. No personal representative is appointed; the court enters an order directing each asset holder to release assets directly to the beneficiaries. A properly prepared, uncontested summary administration filed in Orange County typically closes in four to eight weeks.

Formal administration under Fla. Stat. Chapter 733 is required for larger estates and for any estate that needs an active personal representative — to sell real property, to pursue or defend a lawsuit, to operate a business, or to administer a complex asset mix. It appoints a personal representative who receives Letters of Administration and administers the estate under court supervision. Most uncontested Orange County formal administrations run six to twelve months.

What Probate Costs in Orlando

Three categories drive the cost of an Orlando probate. First, court and administrative costs: the Orange County Clerk charges $400 to open a formal administration and $345 for a summary administration under the schedule in Fla. Stat. § 28.2401 ($235 for a summary administration of an estate under $1,000), plus newspaper publication of the Notice to Creditors and certified copies. Second, personal representative compensation: Fla. Stat. § 733.617 sets a presumed-reasonable commission of three percent of the first $1 million of the estate's compensable value, with lower percentages on larger estates. Third, attorney's fees: Fla. Stat. § 733.6171 sets a parallel schedule of presumed-reasonable fees for ordinary services — for example, three percent of estate value between $100,000 and $1 million, with fixed lower amounts for smaller estates.

These statutory figures are guidelines, not mandates. Fees can be set by written agreement, the court can award additional compensation for extraordinary services such as litigation, real-estate sales, or estate tax work, and a court can reduce a fee where the statutory amount would be unreasonable. We put the fee arrangement in writing before you engage the firm.

How Long It Takes in the Orange County Probate Division

The Orange County Probate Division of the Ninth Judicial Circuit handles one of the highest probate volumes in the state, and its scheduling affects every estate. The practical floor for a formal administration is about six months, set by the mandatory three-month creditor-claims period that begins with publication of the Notice to Creditors under Fla. Stat. § 733.702 — a clock that cannot be shortened no matter how quickly the parties move. A straightforward estate with one cooperative personal representative, no real-estate sale, no federal estate tax return, and no disputes realistically targets nine months.

Real-estate sales that require court authorization, federal estate tax returns (Form 706, due nine months from date of death for taxable estates), and any contested issue extend the timeline. A contested matter that reaches an evidentiary hearing on the Orange County calendar commonly runs eighteen to thirty-six months.

The Formal Administration Sequence

A formal administration moves through a defined statutory sequence. The petition for administration is filed with the original will and the death certificate, and the court issues Letters of Administration appointing the personal representative. Within the first weeks the personal representative serves the Notice of Administration on beneficiaries under Fla. Stat. § 733.212 — opening a three-month window to object to the will's validity, venue, or the court's jurisdiction — and publishes and serves the Notice to Creditors under Fla. Stat. § 733.2121. An Inventory of estate assets at date-of-death value is filed within 60 days under Fla. Stat. § 733.604.

After the three-month creditor period closes, the personal representative resolves claims, then prepares a Final Accounting and a Petition for Discharge with a proposed plan of distribution. Once the court approves it and the beneficiaries receive their distributions and sign receipts, the court enters an Order of Discharge and the estate closes.

When an Orlando Estate Is Contested

Not every estate is uncontested, and contested probate is a core part of this firm's practice — the work that general estate-planning offices routinely refer to us. Will contests under Fla. Stat. § 733.109 challenge the validity of a will on grounds such as 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 who holds a disqualifying conflict. Breach-of-fiduciary-duty claims hold a personal representative or trustee accountable for mismanagement, self-dealing, or failure to account. And when the dispute is over who the heirs are — a non-marital child, a half-sibling, a relative no one can find — the court settles it in a determination of heirs, the proceeding people searching for an Orlando heirship attorney usually need.

These matters are decided on the Orange County evidentiary calendar and reward local experience with the division's judges and procedures — the standing this firm has held at the Orange County Probate Division since 1928.

Orlando Heirship Attorneys

When someone dies without a will or with an unclear one, and there is doubt about who is entitled to inherit or in what shares, Fla. Stat. § 733.105 lets any interested person ask the court to decide — the determination of heirs. For a decedent domiciled in Orlando, that petition is filed in the Orange County Probate Division. Families often call asking for an "affidavit of heirship"; when heirship is in doubt, Florida answers the question through this court proceeding, and our Orlando heirship attorneys handle these petitions.

For a probate matter

• Certified copy of the death certificate
• Original will, if one exists, or the most recent copy you have
• Preliminary asset inventory (real estate, bank accounts, retirement accounts, brokerage, vehicles, life insurance, business interests)
• Names and contact information for all named beneficiaries and intestate heirs
• Any prior correspondence from the Orange County Probate Division or other attorneys

For an estate planning consultation

• Existing wills, trusts, or power of attorney documents, if you have them
• General list of your assets and approximate values
• Names of intended fiduciaries (personal representative, trustee, agent under power of attorney, healthcare surrogate)
• Family structure details, including any blended-family considerations or beneficiaries with special needs

For a guardianship matter

• Medical records or physician statements documenting incapacity, if available
• Information about the proposed ward's assets and income sources
• Names and contact information for family members who may be interested parties under Fla. Stat. § 744.102(14)