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.
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 attorneys work with daily in Orlando 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.
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)
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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