Orlando Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. has practiced law in Orlando continuously since 1928. We are not an Orlando-area firm — we are an Orlando firm. Our office is at 910 N. Fern Creek Avenue, in the Hourglass District, approximately three miles from the Orange County Courthouse — Probate Division at 425 N. Orange Avenue.
We represent Orlando families across every neighborhood the city includes — downtown, College Park, Baldwin Park, Audubon Park, Lake Nona, MetroWest, SoDo, Thornton Park, Conway, the Milk District, and the broader Hourglass and Lake Como areas — in probate administration, estate planning, guardianship proceedings, trust administration, and probate and trust litigation.
Four generations of Orlando attorneys have practiced from this firm: founder C. Arthur Yergey (admitted 1926), the Honorable D. Arthur Yergey, David A. Yergey, Jr., and current managing partner David A. Yergey III. That continuity of Orlando practice — and continuous standing at the Orange County Probate Division — is not something a new entrant to this market can replicate.
Probate Court Information
Orlando probate matters are filed in the Orange County Probate Division of the Ninth Judicial Circuit Court — the home venue of this firm for nearly a century.
The Orange County Probate Division handles:
- Summary Administration proceedings under Fla. Stat. § 735.201 (estates with non-exempt assets at or below the statutory threshold, or decedents who died more than two years ago)
- Formal Administration proceedings under Fla. Stat. Chapter 733
- Guardianship proceedings under Fla. Stat. Chapter 744 — including Emergency Temporary Guardianship petitions that can be heard within 24–72 hours in urgent circumstances (Fla. Stat. § 744.3031)
- Trust proceedings under the Florida Trust Code (Fla. Stat. Chapter 736)
- Contested probate, will contests, and breach of fiduciary duty claims
Approximately three miles from 910 N. Fern Creek Avenue — under 15 minutes door-to-door. Our attorneys appear at the Orange County Probate Division as a routine matter, often multiple times per week.
Typical Orange County timelines: Summary Administration approximately 4–8 weeks from filing; Formal Administration 6–12 months minimum (longer when contested or with pending creditor claims); Emergency Temporary Guardianship hearings can be scheduled within 24–72 hours where the statutory standard is met.
How We Serve Orlando Clients
Probate Administration
We represent personal representatives and beneficiaries in Orange County Summary and Formal Administration proceedings. We also handle contested probate — will contests under Fla. Stat. § 733.109, removal of personal representatives under Fla. Stat. § 733.506, and breach of fiduciary duty litigation. These contested matters are a regular part of our practice and what most general estate planning firms refer to us.
Estate Planning
Wills, revocable and irrevocable trusts, special needs trusts, durable powers of attorney, living wills, and healthcare surrogate designations for Orlando residents. Managing partner David A. Yergey III holds an LL.M. in Taxation (University of Alabama, 2018), which brings graduate-level federal estate and gift tax analysis to plans involving estates approaching or above the federal exemption threshold.
Guardianship
Emergency Temporary Guardianship petitions, plenary and limited guardianship, contested guardianship, guardian advocacy under Fla. Stat. § 393.12, and annual accountings. 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 and Litigation
We guide Orlando successor trustees through their statutory duties and represent beneficiaries when a trustee has failed to meet the obligations imposed by Fla. Stat. § 736.0802 (duty of loyalty), § 736.0813 (duty to inform and account), and related provisions.
Mediation
Both David A. Yergey, Jr. and David A. Yergey III are Florida Supreme Court Certified Circuit Court Mediators. We offer certified mediation in probate, trust, and guardianship disputes — an alternative to full litigation that frequently resolves Orlando family matters faster and at lower cost.
What to Bring to Your First Consultation
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)
Ready to speak with an Orlando 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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