Overview
Orange County is one of Florida's most populous counties, with approximately 1.45 million residents. The county seat is Orlando. The Ninth Judicial Circuit Court, Probate Division handles all estate matters for individuals who were domiciled in Orange County at the time of death.
Florida probate provides two primary pathways: Formal Administration (for estates over $75,000 or when the decedent passed away less than two years ago) and Summary Administration (for estates $75,000 or less, or when the decedent has been dead for more than two years). Orange County's diverse and growing population generates significant probate filing volume.
Florida has no state estate or inheritance tax. The surviving spouse has the right to a 30% elective share. Homestead property carries special constitutional protections. The personal representative must be a Florida resident or close relative of the decedent. E-filing is mandatory in Orange County through the Florida Courts E-Filing Portal.
This guide is for informational purposes only and does not constitute legal advice. Verify current requirements with the court or a qualified attorney.
Courthouse Information
Orange County Courthouse — Probate Division
The Probate Division of the Ninth Judicial Circuit Court is located at the Orange County Courthouse in downtown Orlando.
Address: 425 N. Orange Avenue, Orlando, FL 32801
Phone: (407) 836-2060
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division handles estates, guardianships, and trust matters. Cases are assigned to individual probate judges within the Ninth Circuit.
Parking and Access
Paid parking is available at the courthouse garage and surrounding downtown Orlando lots. LYNX bus routes serve the courthouse area. Visitors should plan for security screening and bring a valid photo ID.
Filing Process
Step 1: Determine the Type of Administration
- Formal Administration: Required for estates exceeding $75,000 or when the decedent died less than two years ago.
- Summary Administration: Available for estates of $75,000 or less (excluding exempt property), or when the decedent has been dead for more than two years.
- Disposition Without Administration: For very small estates with only exempt property or assets insufficient to cover final expenses.
Step 2: E-File the Petition
Orange County requires e-filing through the Florida Courts E-Filing Portal (myflcourtaccess.com).
Required documents:
- Petition for Administration or Summary Administration
- Original will (deposited with the clerk)
- Certified death certificate
- Oath of Personal Representative (for formal administration)
- Filing fee payment
Step 3: Notice to Creditors
For formal administration:
- Publish a Notice to Creditors in an Orange County approved newspaper for two consecutive weeks
- Serve known or reasonably ascertainable creditors directly
- The creditor claims period is 3 months from the first publication date
Step 4: Letters of Administration
The court reviews the petition and issues Letters of Administration or Letters Testamentary. The personal representative can then manage estate assets.
Step 5: Administration and Closing
- File an inventory within 60 days
- Pay valid creditor claims and expenses
- File a final accounting
- Petition for discharge after distributing assets to beneficiaries
Local Requirements
Orange County-Specific Procedures
- E-filing is mandatory through the Florida Courts E-Filing Portal.
- Original wills must be deposited with the Orange County Clerk of Courts.
- The Ninth Judicial Circuit has local administrative orders governing probate procedures.
- Notice to Creditors must appear in an Orange County approved newspaper for two consecutive weeks.
- Inventory must be filed within 60 days of appointment.
- Accounting is required before the estate can be closed.
Homestead Property
Florida homestead protections apply to Orange County real property:
- Homestead generally cannot be devised if survived by a spouse or minor child
- The surviving spouse may elect a life estate or one-half interest as tenants in common
- Homestead is exempt from forced sale and most creditor claims
Elective Share
The surviving spouse may claim 30% of the augmented estate. The election deadline is the earlier of six months after the Notice of Administration or two years after death.
Personal Representative Requirements
The personal representative must be a Florida resident or a close relative of the decedent as defined by Florida statute.
Timeline & Fees
Filing Fees (Orange County)
- Formal Administration petition: approximately $395
- Summary Administration petition: approximately $340 (estates over $1,000) or $230 (estates $1,000 or less)
- Disposition Without Administration: approximately $230
- Notice to Creditors publication: approximately $100-$250
- Certified copies: approximately $2.00 per page
Fees are set by Florida statute and may be updated. Contact the clerk's office for current amounts.
Payment Methods
E-filing payments are processed electronically with a convenience fee. The clerk's office also accepts cash, checks, money orders, and credit/debit cards.
Estimated Timelines
- Summary Administration: 1-3 months
- Simple formal estates: 6-9 months
- Average formal estates: 9-12 months
- Complex or contested estates: 12 months to several years
The minimum formal administration timeline includes the 3-month creditor claims period.
Local Resources
Orange County Probate Court Resources
- Clerk of Courts — Probate: myorangeclerk.com
- E-Filing Portal: myflcourtaccess.com
- Ninth Judicial Circuit: ninthcircuit.org
Legal Aid and Attorney Referrals
- Legal Aid Society of the Orange County Bar Association: (407) 841-8310
- Orange County Bar Association Lawyer Referral Service: (407) 422-4537
- Florida Bar Lawyer Referral Service: 1-800-342-8011
Publication
- Orlando Sentinel: Approved for legal notices in Orange County
- Daily Commercial: Check with the clerk for current approved publications