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Florida Probate & Estate Administration

Fla. Stat. § 735.201 · Ch. 733

When a loved one dies, Florida probate — administered locally through the Orange County Probate Division — requires an orderly process for settling the estate: filing the petition, notifying creditors, and distributing assets to beneficiaries. We handle Summary Administration (estates under $75,000, or when more than two years have passed since death — Fla. Stat. § 735.201), Formal Administration, will contests, removal of personal representatives, breach of fiduciary duty, and ancillary estates for out-of-state decedents with Florida property. Families with an active Orange County estate can speak with our Orlando probate team to begin.

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Choosing the Right Path

Different Types of Probate

Florida runs probate through the Probate Division of the Circuit Court in the county where the decedent was domiciled at death (here, Orange County for Orlando residents). The right path depends on the size of the estate, whether a will exists, where the decedent lived, and whether the family is in agreement.

Summary Administration

Fla. Stat. § 735.201 · § 735.206

The simplified track. Available when the value of the estate's non-exempt assets does not exceed $75,000, or the decedent died more than two years ago (so creditor claims are barred). No personal representative is appointed; instead the court enters an Order of Summary Administration directing each asset holder — a bank, the DMV, the recording office — to release the asset to the named beneficiary. Most Summary Administrations close in 4–8 weeks from filing. Florida Probate Rule 5.530 governs the petition.

Formal Administration

Testate (with a Will) · Intestate (no Will)

The full court-supervised track required for any estate that does not qualify for Summary Administration and any estate that needs an active personal representative. If the decedent left a valid will, the estate is testate and the will controls who inherits and who serves as personal representative. If there is no valid will, the estate is intestate and Florida's intestacy statutes (Fla. Stat. §§ 732.101–732.111) dictate who inherits — first the surviving spouse, then descendants, then parents, then siblings, in a defined order. Formal Administration requires an attorney under Fla. Prob. R. 5.030 and typically runs six to twelve months in Orange County.

Ancillary Administration

Fla. Stat. § 734.102

When a non-Florida resident dies owning Florida real estate or other Florida-situs property, an ancillary administration is opened in the Florida county where the property is located — running parallel to the primary probate in the decedent's home state. We routinely handle ancillary administrations for Orange County property held by out-of-state decedents, coordinating with the home-state attorney to clear title efficiently.

How It Works

How Wills & Estate Administration Operates — Step by Step

Below is the typical path for Florida wills and estate administrations from the day of death to the day the estate is fully closed. Summary Administration cases compress most steps into a single Order of Summary Administration; Formal Administration cases run each step on its own timeline.

  1. 1

    Filing the Petition

    We review the original will (if one exists), the death certificate, known assets and debts, and beneficiary information. We confirm the decedent's domicile, identify proper venue, and prepare and file the Petition for Administration in the Orange County Probate Division along with the original will, the death certificate, and any required supporting affidavits.

  2. 2

    Issuance of Letters Testamentary

    The court reviews the petition, holds any required hearing, and enters an Order of Appointment. The Clerk then issues Letters of Administration (or Letters Testamentary) — the personal representative's legal authority to act on behalf of the estate. Banks, brokerages, title companies, and the IRS require Letters before they will deal with anyone on the estate's behalf.

  3. 3

    Notice to Heirs, Beneficiaries & Creditors

    The personal representative serves a Notice of Administration on the beneficiaries (Fla. Stat. § 733.212), publishes a Notice to Creditors in a local newspaper, and serves a copy on every reasonably ascertainable creditor (Fla. Stat. § 733.2121). The beneficiary notice starts the 90-day window to contest the will or challenge the personal representative. The creditor notice starts the three-month claims period.

  4. 4

    Inventory & Appraisal of Estate Assets

    Within 60 days after Letters issue, the personal representative files an Inventory listing every probate asset at its date-of-death value (Fla. Stat. § 733.604). We coordinate appraisals on real estate, business interests, jewelry, vehicles, and other items where date-of-death value is not obvious from a statement. Amended inventories are filed when after-discovered assets surface during administration.

  5. 5

    Tax Identification & Returns

    The personal representative obtains an Employer Identification Number (EIN) for the estate and opens an estate bank account. We coordinate the decedent's final Form 1040 (covering the period through date of death) and, where the estate has reportable income, Form 1041 each year of administration. For taxable estates, a Form 706 federal estate-tax return is due nine months after death (with a six-month extension available). Florida has no state estate tax.

  6. 6

    Payment of Debts, Taxes & Administrative Expenses

    Once valid creditor claims, decedent's final taxes, and administrative expenses are identified, they are paid from estate assets. Claims not timely filed are barred (Fla. Stat. § 733.702). We review every claim that comes in, pay valid ones, and object to claims that are improperly stated, untimely, or exceed what the estate actually owes. Significant transactions such as sales of real estate require court authorization before the personal representative acts.

  7. 7

    Distributions to Beneficiaries

    Specific bequests are distributed as creditor claims and taxes allow. Residuary beneficiaries receive their shares after debts, taxes, and specific bequests are resolved. The personal representative obtains signed Receipts and Releases from each beneficiary acknowledging their distribution in accordance with the will and Florida law.

  8. 8

    Accounting to the Court & Beneficiaries

    The personal representative prepares a Final Accounting showing every receipt and disbursement during the administration — funds received, bills paid, fees taken, and the balance remaining. The Accounting is served on residuary beneficiaries with notice of the right to object. Beneficiaries who agree can sign waivers; objections that survive are resolved by the court.

  9. 9

    Petition for Final Discharge

    We file a Petition for Discharge with the proposed plan of distribution — who gets what, in what amount, in what form. After the objection window closes (or objections are resolved), the personal representative makes final distributions and files the signed receipts and releases with the court, petitioning for approval of the final accounting and for discharge.

  10. 10

    Estate Closed

    Once the court approves the accounting and plan of distribution, it enters an Order of Discharge releasing the personal representative from further duty. The administration is complete and the estate is closed.

Why Choose Yergey & Yergey

Why Families Choose Yergey & Yergey for Probate

Probate is not a one-size process. A small estate with no disputes and a cooperative family takes a different path than a contested formal administration with will challenges, creditor disputes, and a reluctant personal representative. The attorneys at Yergey & Yergey, P.A. have handled both — and every degree of complexity in between — across Orange County and the surrounding circuits for nearly a century.

  • Fourth-generation continuity since 1928

    C. Arthur Yergey founded this firm in Orlando in 1928. Four generations of the Yergey family have appeared in Orange County Probate Division proceedings across every era of Florida's probate code. That depth of court familiarity is not replicated by a firm founded in the 2000s.

  • LL.M. in Taxation (David A. Yergey III, University of Alabama, 2018)

    Most probate attorneys do not hold a graduate-level tax degree. The LL.M. matters in estates with federal estate tax exposure, portability elections, step-up basis planning, and multi-generational trust structures.

  • Probate litigation capability

    David A. Yergey III actively litigates probate disputes — will contests, removal of personal representatives, breach of fiduciary duty, and competing petitions for appointment. Firms that only handle transactional probate administration will refer contested matters elsewhere. We do not.

  • Recognized by peers and the legal community

    David A. Yergey III has been named Super Lawyers Rising Stars by Thomson Reuters in 2022, 2023, and 2024. Yergey & Yergey, P.A. received the 2021 John R. Hamilton Law Firm Award of Excellence from the Legal Aid Society of the Orange County Bar Association.

  • Active leadership in Florida estate law

    Former OCBA Estate, Guardianship & Trust Committee Chair (2019, 2022, 2024) and current Secretary, FL Bar RPPTL Probate and Trust Litigation Committee. Our attorneys are not observers of probate law — they help shape how it is understood and practiced in Florida.

Documents

Core Probate Documents

The documents below are the backbone of every Formal Administration in Florida. Click any tab to read what it is, what it does, and the statute that controls it.

Petition for Administration

Fla. Stat. § 733.202 · Fla. Prob. R. 5.200

The Petition for Administration is the document that opens the probate case. It is filed in the Probate Division of the Circuit Court in the county where the decedent was domiciled at death and identifies the decedent, the petitioner, the surviving spouse and beneficiaries, the estimated value of the estate, and the proposed personal representative. The original will (if one exists) is filed at the same time, along with the death certificate and any required affidavits. Filing the petition starts the case; nothing else can happen in the administration until it has been filed and accepted.

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Frequently Asked

Probate FAQs

Is every Florida estate required to go through probate?
No. Probate is the process for transferring assets that were owned in the decedent's individual name at death without a beneficiary or pay-on-death designation. Assets owned by a properly funded revocable trust, jointly with right of survivorship, with a beneficiary designation (life insurance, retirement accounts, transfer-on-death securities), or with a Lady Bird deed pass outside probate. Many estates need only a partial probate to clear a single missed asset — not a full Formal Administration. See our overview of the alternatives to probate in Florida for the shortened statutory tracks.
What is the difference between Summary Administration and Formal Administration?
Summary Administration (Fla. Stat. § 735.201) is the simplified track: estate non-exempt assets at or below $75,000, or the decedent died more than two years ago. The court enters an order directing each asset holder to release the asset directly to the beneficiaries. No personal representative is appointed and most cases close in 4–8 weeks. Formal Administration (Fla. Stat. § 733.101 et seq.) is the full court-supervised track required for larger estates, estates needing an active personal representative, and estates with creditor or beneficiary disputes. Formal Administration requires an attorney to represent the personal representative under Fla. Prob. R. 5.030.
What happens if my loved one died without a will?
The estate is "intestate" and Florida's intestacy statutes (Fla. Stat. §§ 732.101–732.111) determine who inherits. The order is broadly: surviving spouse first, then descendants, then parents, then siblings, then more remote relatives. The shares depend on whether the decedent left a surviving spouse, whether there are descendants of both the decedent and the spouse (a single-family situation) versus descendants from a prior relationship (a blended-family situation), and how many descendants survive. Intestacy outcomes routinely surprise families — for example, a surviving spouse and stepchildren split the estate in many blended-family cases — which is why even a simple will is a meaningful improvement. When the family tree itself is unclear or disputed, the court resolves it through a determination of heirs.
How does Florida homestead affect probate?
Florida homestead carries two related but distinct protections: (1) creditor protection — homestead generally cannot be reached by unsecured creditors of the decedent in probate, so it passes outside the claims process; and (2) restrictions on devise — if the decedent is survived by a spouse or a minor child, the homestead cannot be freely devised to anyone else and the constitutional and statutory descent rules (Fla. Stat. § 732.401) take over. Determining whether a property qualifies as homestead, filing the Petition to Determine Homestead (Fla. Prob. R. 5.405), and addressing the constitutional descent rules are standard parts of Florida probate practice.
What does a personal representative actually do?
After being appointed and receiving Letters of Administration, the personal representative gathers and protects the estate's assets, gives notice to creditors and pays valid claims, files the inventory and any required tax returns, manages estate property during administration, defends against improper claims, and ultimately distributes the remaining assets to the beneficiaries and files a Petition for Discharge with a Final Accounting. Personal representatives owe a fiduciary duty to the estate and can be held personally liable for breaches.
How long does probate take in Orange County?
Most Summary Administrations close in 4–8 weeks from filing. Most uncontested Formal Administrations close in 6–12 months. Drivers that extend the timeline include the diligence required to identify and serve all creditors, claim disputes, sale of real estate, federal estate tax returns and IRS clearance (for taxable estates), out-of-state ancillary proceedings, will contests, and the current scheduling demands of the Orange County Probate Division.
What does probate cost?
Court costs and publication fees are modest — typically a few hundred dollars. Attorney's fees in formal administration are governed by Fla. Stat. § 733.6171, which includes a presumptively reasonable fee schedule keyed to the value of the estate and adjustments for complexity. Personal representative fees are governed by Fla. Stat. § 733.617. We give every client a written fee estimate at the consultation based on the facts of the specific estate.
Do I have to use the same attorney who drafted the will?
No. The personal representative chooses the attorney for the administration. If the drafting attorney is convenient and trusted, that is often the right choice — the firm already has the original documents and the family history. But there is no rule requiring it.