Probate is the court-supervised legal process required to validate a will, pay an estate’s debts, and distribute assets to heirs. When someone close to you dies, you may find that accounts are frozen or property cannot be transferred until the Orange, Osceola, and Seminole County courthouse grants authority. If you have been named a personal representative or need to initiate a probate case, we provide the legal guidance required to navigate the 9th Judicial Circuit efficiently.
We handle probate administration for families throughout the Orlando metropolitan area, covering Orange, Osceola, and Seminole counties. Whether the estate is modest or complicated by real property, out-of-state assets, or heir disputes, we manage every step of the process within the 9th Judicial Circuit and surrounding jurisdictions.
Call our Orlando office at 407-578-9696 for a free consultation.
What Triggers Probate in Florida, and What Can Bypass It?
Probate is mandatory when a deceased person owned assets solely in their name without a beneficiary designation or trust. This commonly includes real property, bank accounts, and investment accounts titled solely to the decedent.
- Assets that bypass probate: Jointly held property (right of survivorship), life insurance/retirement accounts with named beneficiaries, and assets inside a funded revocable living trust.
For procedural guidance, we refer to the Florida Probate Code (Chapters 731-735) and general information via Florida Courts.
Formal or Summary Administration: Which Process Applies?
Choosing the correct track is essential to avoid delays:
- Summary Administration: Available if the estate’s probate value is $75,000 or less, or if the decedent has been deceased for more than two years. This process typically closes in four to six months.
- Formal Administration: Required for larger estates or complex cases. A court-appointed personal representative manages the estate through creditor notice periods, inventory, and final distribution. This process generally takes six months to over a year.
What Happens When There Is No Will in Central Florida?
Florida’s intestate succession law controls who inherits when there is no valid will. The formula is fixed by statute and does not consider the deceased person’s actual wishes or family dynamics.
A surviving spouse may inherit the entire estate or share it with the decedent’s children, depending on whether those children are also the surviving spouse’s children. Without a surviving spouse, the estate passes to children in equal shares, then to parents, siblings, and more distant relatives in a specific priority order.
In Orange County, we frequently see this situation in blended families where stepchildren receive nothing under the intestate formula because Florida treats them differently than biological children. What families assume will happen and what the law actually requires are often not the same.
Can a Will Be Challenged After Someone Dies in Florida?
Yes. Florida law allows interested parties to contest a will on specific grounds: lack of testamentary capacity, undue influence, fraud, or improper execution. A will that was signed without the required two witnesses, for example, may not survive a challenge in the 9th Judicial Circuit.
Deadlines apply. Once a will is admitted to probate and formal notice is given to interested parties, the window to file an objection is limited. Missing that window ends the right to contest regardless of the merits.
Contested probate matters require both knowledge of probate procedure and litigation skill. We handle both the administrative side and contested proceedings when disputes arise within an estate.
What If the Deceased Owned Property in Multiple Counties or Other States?
If the deceased owned property in multiple counties or other states, the probate process can quickly become complicated. In Central Florida, this is a common scenario for retirees, snowbirds, and real estate investors. You do not want to be caught off guard by the need for separate legal proceedings in different jurisdictions after the primary probate case is already underway.
Why Multi-Jurisdictional Estates Require Specialized Planning
- Florida Ancillary Probate: If the deceased owned real property in multiple Florida counties, separate filings (ancillary probate) may be required in each circuit court to clear the title.
- Out-of-State Proceedings: Real estate located outside of Florida is governed by the laws of that state. We often must coordinate with local counsel in those jurisdictions to initiate separate probate proceedings to transfer those assets.
- Tax Coordination: The IRS evaluates all estate assets at their fair market value as of the date of death, regardless of their location. For larger estates nearing federal tax thresholds, accurately consolidating this information is vital for compliance and tax efficiency.
Our “Full-Picture” Approach
We never open a probate case in a vacuum. Before filing a single document, we conduct a comprehensive audit of the entire estate to:
- Identify all jurisdictions where legal action is necessary.
- Coordinate filings to prevent administrative delays and unexpected costs.
- Align tax reporting to ensure the IRS receives a unified, accurate picture of the estate’s value.
The Bottom Line: We map the full estate before we start. By identifying every required filing upfront, we ensure your family avoids the stress and added expense of “surprise” proceedings later in the process.
Call 407-578-9696 or contact us online to discuss your family’s probate situation.
Who Handles Probate at Our Orlando Office
Justin M. Brick, Orlando Probate Lawyer
Justin M. Brick is an estate planning and probate attorney at our Orlando and Clermont offices. His practice centers on wills, trusts, and probate administration, and he has been described by clients as thorough, a word he takes seriously in a practice area where document precision directly affects what families receive. He earned his J.D. from Barry University Dwayne O. Andreas School of Law and was admitted to The Florida Bar in 2012.
David Pilcher brings extensive experience in probate administration to our Orlando office. He focuses on guiding families through the complexities of the probate process with clear communication and a dedication to protecting the decedent’s assets and the beneficiaries’ interests. His practice involves both uncontested administration and resolving complex estate disputes, ensuring that every legal requirement is met with precision.
Our Orlando office is at 1000 Legion Place, Suite 1000, Orlando, FL 32801. We serve clients in Orange County and throughout the Central Florida region, with 11 offices available for families who are more conveniently located elsewhere.
Past results do not guarantee future outcomes. Case results depend on individual facts and circumstances.
Ready to Open an Estate or Get Answers About Probate in Orlando?
Probate in Orange County has procedural requirements that affect timing, costs, and what families ultimately receive. Whether you were named personal representative in a will or you are a surviving family member trying to figure out how to start, the 9th Judicial Circuit process is navigable with the right guidance.
Our Orlando office is at 1000 Legion Place, Suite 1000. We also serve clients from 10 additional Central Florida locations, including Kissimmee, Clermont, Daytona Beach, Melbourne, Gainesville, and The Villages.
Bogin Munns & Munns also handles estate planning, personal injury, criminal defense, immigration, bankruptcy, real estate, and workers’ compensation across the region.
Call 407-578-9696 or contact our Orlando office online to speak with a probate attorney.
