Osceola County Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. represents clients throughout Osceola County — including Kissimmee, St. Cloud, Celebration, Poinciana, Harmony, Buenaventura Lakes, and the Lake Nona-adjacent areas of north Osceola — in probate administration, estate planning, guardianship proceedings, trust administration, and probate and trust litigation. Neighboring Orange County and Polk County families work with the same attorneys.
Osceola County's population has more than doubled since 2000, and the county's demographic mix — including a substantial Spanish-speaking community, retirees in established communities like Celebration and St. Cloud, hospitality and theme park families across Kissimmee, and a fast-growing professional population in the Lake Nona corridor — creates consistent and varied demand for Florida probate and estate planning counsel.
Our firm has been in continuous practice in Central Florida since 1928. Importantly, Osceola County sits within the Ninth Judicial Circuit of Florida — the same circuit as Orange County — meaning the judges, procedures, and standing orders our Orlando probate attorneys work with daily also govern Osceola County probate matters.
Probate Court Information
Osceola County probate matters are filed in the Osceola County Circuit Court — Probate Division.
Osceola County is part of the Ninth Judicial Circuit of Florida (alongside Orange County). This means the same Florida Probate Code (Fla. Stat. Chapters 731–735), Florida Trust Code (Chapter 736), and Florida Guardianship Law (Chapter 744) apply, and many of the same judges and procedures govern. Local Osceola filing conventions and judicial calendaring do differ from Orange County practice, and we account for those differences in every matter.
Applicable thresholds and procedures:
- Summary Administration (Fla. Stat. § 735.201) — for estates with non-exempt assets at or below the statutory threshold, or decedents deceased more than two years
- Formal Administration (Fla. Stat. Chapter 733) — for larger estates and any contested matter
- Florida Probate Rule 5.030 requires an attorney licensed in Florida to represent the personal representative in Formal Administration
- Guardianship proceedings under Fla. Stat. Chapter 744, including Emergency Temporary Guardianship petitions (§ 744.3031) for urgent incapacity situations
Approximately 22 miles from our Orlando office at 910 N. Fern Creek Avenue — typically 30–40 minutes depending on I-4 and 417 conditions. Our attorneys appear in Osceola County as client matters require; routine filings and hearings can frequently proceed without client travel to the courthouse.
Note for Osceola County families with theme park employment or vacation rental property: Florida homestead protections under Fla. Const. art. X, § 4 and restrictions on devise under Fla. Stat. § 732.4015 frequently surface in Osceola estate matters where a residence has been used partially as short-term rental, and warrant careful review during estate planning.
How We Serve Osceola County Clients
Probate Administration
We represent personal representatives and beneficiaries in Osceola County Summary and Formal Administration. We handle contested probate litigation — will contests under Fla. Stat. § 733.109, removal of personal representatives under Fla. Stat. § 733.506, and breach of fiduciary duty claims — that requires active appearance in Osceola County courts and familiarity with Florida probate procedure.
Estate Planning
Wills, revocable and irrevocable trusts, special needs trusts, durable powers of attorney, living wills, and healthcare surrogate designations for Osceola County families. David A. Yergey III's LL.M. in Taxation (University of Alabama, 2018) provides graduate-level estate tax analysis for clients whose Florida assets — including theme park area real estate, Celebration and Lake Nona properties, or business interests — approach federal estate tax exposure.
Guardianship
Emergency Temporary Guardianship petitions, plenary and limited guardianship proceedings, contested guardianship matters, and guardian advocacy for Osceola County wards. David A. Yergey III is Founding President of the Florida Guardianship Support Network (flgsn.org).
Trust Administration
Guidance for Osceola County successor trustees and representation of beneficiaries when a trustee has failed to meet the duties imposed by Fla. Stat. § 736.0802 (duty of loyalty), § 736.0813 (duty to inform and account), or related provisions.
Mediation
Both David A. Yergey, Jr. and David A. Yergey III are Florida Supreme Court Certified Circuit Court Mediators available for Osceola County probate, trust, and guardianship mediation.
Osceola CountyProbate: Costs, Timelines & Procedure
Osceola County: Same Circuit as Orange, Different Calendar
Osceola County shares the Ninth Judicial Circuit with Orange County, so the same Florida Probate, Trust, and Guardianship codes and many of the same judges apply — but Osceola probate is filed at the Osceola County Courthouse in Kissimmee, and the division keeps its own filing conventions and calendar. Practice that assumes downtown Orlando procedure does not translate one-to-one to Kissimmee.
We serve the county's fast-growing communities — Kissimmee, St. Cloud, Celebration, Poinciana, Harmony, Buenaventura Lakes, and the Lake Nona-adjacent north — where estates increasingly involve newer homeowners, blended families, and property tied to the tourism corridor.
Which Probate Track an Osceola Estate Needs
Summary administration under Fla. Stat. § 735.201 is 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. Formal administration under Chapter 733 is the standard track for larger estates or any estate needing an active personal representative.
Osceola's growth means many estates hold a recently purchased home or investment property, which pushes them above the summary threshold and into formal administration more often than a raw asset count would suggest.
Vacation Property and Non-Resident Owners
Osceola's short-term-rental and vacation-home market near the Disney corridor means the firm regularly probates Osceola property owned by people who lived — and died — somewhere else. When a non-Florida resident dies owning Osceola real estate, Florida requires an ancillary administration under Fla. Stat. § 734.102 to clear title here, run in coordination with the home-state estate.
We handle the Florida ancillary side end to end: opening the Osceola proceeding, giving creditor notice, and recording the order that lets the out-of-state family sell or transfer the property. Where the decedent's Florida domicile itself is in question, that determination is made first, because it decides whether the estate is administered here in full or only ancillary.
What Probate Costs in Osceola County
The clerk's filing fee for a formal administration is approximately $400 under Fla. Stat. § 28.241 (summary is lower), plus publication and certified copies. Personal representative compensation follows Fla. Stat. § 733.617 and attorney's fees follow Fla. Stat. § 733.6171 — for example, three percent of estate value between $100,000 and $1 million.
These are presumed-reasonable statutory guidelines. They can be set by written agreement, increased by the court for extraordinary work such as an ancillary proceeding or a property sale, or reduced where unreasonable. We quote the arrangement in writing before you engage us.
The Formal Administration Sequence
The petition is filed with the original will and death certificate, and the court issues Letters of Administration. The personal representative serves the Notice of Administration under Fla. Stat. § 733.212 (a 90-day contest window), publishes and serves the Notice to Creditors under Fla. Stat. § 733.2121, and files an Inventory within 60 days under Fla. Stat. § 733.604.
After the three-month creditor-claims period under Fla. Stat. § 733.702 closes, the personal representative resolves claims, files a Final Accounting and Petition for Discharge, distributes the estate, and obtains an Order of Discharge — six to twelve months for a routine Osceola estate.
What to Bring to Your First Consultation
For a probate matter (Osceola County)
- Certified copy of the death certificate
- Original will, if one exists, or the most recent copy you have
- Decedent's address at death (Osceola County venue confirmation)
- Preliminary asset inventory, including any Osceola County real property
- Names and contact information for all beneficiaries and intestate heirs
- Any prior correspondence from the Osceola County Probate Division
For an estate planning consultation
- Existing estate planning documents, if any
- General asset list, including Osceola County real estate and any short-term rental property
- Names of intended fiduciaries (personal representative, trustee, agent, healthcare surrogate)
- Family structure details (spouse, children, stepchildren, out-of-state heirs, beneficiaries with special needs)
Frequently Asked Questions
- Where is probate filed for an Osceola County resident?
- In the Osceola County Circuit Court's Probate Division at the Osceola County Courthouse, 2 Courthouse Square, Kissimmee — part of the Ninth Judicial Circuit alongside Orange County. Venue follows the decedent's county of residence under Fla. Stat. § 733.101, and the original will is deposited with the Clerk under Fla. Stat. § 732.901.
- Someone died out of state but owned a house in Osceola County — what do we do?
- Florida requires an ancillary administration under Fla. Stat. § 734.102 to clear title to Osceola real estate owned by a non-Florida resident, run in coordination with the estate in the home state. We open the Osceola proceeding, handle creditor notice, and record the order so the family can sell or transfer the property.
- How much does probate cost in Osceola 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 — presumed-reasonable figures adjustable by agreement or by the court, including for the added work of an ancillary case. We quote it in writing first.
- How long does Osceola 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; an ancillary proceeding or a property sale can add to that.
- Do I need a probate attorney in Osceola 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. Although Osceola shares the Ninth Circuit with Orange County, its Kissimmee filing conventions and calendar differ, so local familiarity still matters.
- 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; it can close in weeks. Formal administration (Chapter 733) appoints a personal representative and is required for larger or actively managed estates, typically six to twelve months.
Ready to speak with an Osceola 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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