Winter Park Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. has served Winter Park families and estates since well before the term "estate planning" was common language. Our firm was founded in Orlando in 1928, and Managing Partner David A. Yergey III grew up in Winter Park — attending Lake Highland Preparatory School for thirteen years. Winter Park is not a market we entered because of keywords; it is where our managing partner was raised.
Winter Park's concentration of established families, significant real estate holdings, and inter-generational wealth creates a consistent need for probate administration, estate planning, trust drafting, and guardianship services. Whether your family holds a Winter Park home with longstanding homestead questions, a trust established years ago that needs revisiting, or an estate currently in probate following a loved one's death, our attorneys bring both the credentials and the personal familiarity with this community that your situation requires.
We accept new matters for probate, estate planning, guardianship, trust administration, and mediation for clients in Winter Park and throughout Orange County.
Probate Court Information
Winter Park probate matters are filed in the Orange County Probate Division of the Ninth Judicial Circuit Court.
The Orange County Probate Division handles:
- Summary Administration proceedings (non-exempt assets of $150,000 or less, or decedents who died more than two years ago — Fla. Stat. § 735.201)
- Formal Administration proceedings (Fla. Stat. § 733.101 et seq.)
- Guardianship proceedings for Winter Park residents (Fla. Stat. Chapter 744)
- Trust proceedings under Florida's Trust Code (Fla. Stat. Chapter 736)
- Will contest and probate litigation
Typical timelines for Orange County estates: Summary Administration 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 in urgent circumstances under Fla. Stat. § 744.3031.
How We Serve Winter Park Clients
Estate Planning (before death)
Wills, revocable and irrevocable trusts, special needs trusts, durable powers of attorney, living wills, and healthcare surrogate designations, most of them prepared for a flat fee quoted at the consultation. For Winter Park families whose home is their largest asset, the plan also has to account for Florida's homestead devise restrictions and whether a lady bird deed fits. David A. Yergey III's LL.M. in Taxation (University of Alabama, 2018) brings graduate-level tax analysis to estate structures involving federal estate tax exposure — relevant for Winter Park families with estates approaching or above the federal exemption threshold. See our Orlando estate planning attorney page for the full range of documents we prepare.
Probate Administration (after death)
We represent personal representatives and beneficiaries in both Summary and Formal Administration proceedings. We handle contested matters — will contests, removal of personal representatives, breach of fiduciary duty claims — in the same firm that handles the administration.
Guardianship (incapacity)
For Winter Park families facing a family member's incapacity, we handle the full range of guardianship proceedings from Emergency Temporary Guardianship through annual accountings and, when appropriate, restoration of capacity.
Trust Administration
We guide successor trustees through their duties and represent beneficiaries when a trustee has failed to meet their obligations under Fla. Stat. § 736.0802.
Mediation
Both partners — David A. Yergey, Jr. and David A. Yergey III — are Florida Supreme Court Certified Circuit Court Mediators. We offer certified mediation for probate, trust, and guardianship disputes as an alternative to full litigation.
What to Bring to Your First Consultation
For a probate matter
- The original will (if one exists) or a copy if the original is with the court
- Death certificate (certified copy)
- A preliminary list of the decedent's assets and their approximate values
- Names and contact information for all beneficiaries and heirs at law
- Any prior correspondence with the probate court or other attorneys
For an estate planning consultation
- Current will, trust, or power of attorney documents if you have them
- A general list of your assets (real estate, bank accounts, retirement accounts, life insurance policies)
- Names of individuals you would want to serve as personal representative, trustee, or agent
- A list of your intended beneficiaries
For a guardianship matter
- Medical records or physician statements documenting incapacity, if available
- Information about the proposed ward's assets and income
- Names and contact information for family members who may be interested parties
Frequently Asked Questions
- Where are Winter Park probate cases filed?
- In the Probate Division of the Orange County Courthouse, 425 N. Orange Avenue in Orlando, part of Florida's Ninth Judicial Circuit. Winter Park has no separate probate court.
- Do you have an office in Winter Park?
- No. Our office is at 910 N. Fern Creek Avenue in Orlando. Winter Park clients meet with us there, by phone, or by video, and evening meetings are available on request.
- How much does an estate plan cost?
- Most of our estate plans are prepared for a flat fee, quoted at the consultation before any drafting begins. A $350.00 consultation fee applies and is credited toward your bill if you retain the firm.
- How long does probate take for a Winter Park estate?
- In Orange County, summary administration typically takes four to eight weeks from filing. Formal administration takes at least six to twelve months, and longer when the estate is contested or creditor claims are pending.
- Can a Winter Park home pass without probate?
- Often, yes. A home titled in a funded revocable trust, held with a spouse as tenants by the entirety, or conveyed by a lady bird deed generally passes without probate. Florida's homestead rules still limit who may receive a homestead when a spouse or minor child survives, so the right approach depends on the family.
Ready to speak with a Winter Park probate or estate planning 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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