Overview
Osceola County is located in Florida with a population of approximately 468,058. The Osceola County Clerk of the Circuit Court & County Comptroller handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Florida probate is governed by the Florida Probate Code (Chapters 731-735, Florida Statutes). The process begins with filing a Petition for Administration to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Florida offers simplified procedures for small estates:
- Summary Administration: Available if the estate value is $75,000 or less, or if the decedent has been dead for more than two years.
- Disposition of Personal Property without Administration: A procedure to reimburse a person who paid for the decedent's final expenses (funeral and medical bills), provided the estate consists only of personal property exempt from creditor claims and non-exempt property that does not exceed the amount of those expenses.
Florida law generally requires a personal representative to be represented by an attorney, unless the personal representative is the sole interested person or the estate is eligible for Disposition of Personal Property without Administration.
This guide provides an informational overview of the Osceola County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Osceola County Clerk of the Circuit Court & County Comptroller
Probate matters in Osceola County are handled at the Osceola County Courthouse.
Address: 2 Courthouse Square, Kissimmee, FL 34741
Phone: (407) 742-3500 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Department is responsible for maintaining the files and records of the probate court. They process wills, estate administrations, and guardianship cases.
Parking and Access
Free public parking is available at the Toho Square Parking Garage and the Osceola County Courthouse Parking Garage located near the courthouse complex in downtown Kissimmee. Street parking may also be available but check for time limits. Security screening is required for entry into the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Disposition of Personal Property without Administration: For very small estates consisting only of personal property, used primarily to reimburse funeral and medical expenses.
- Summary Administration: If the estate is valued at $75,000 or less, or the decedent has been dead for more than 2 years.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Administration with the Osceola County Clerk of Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (typically $400.00 for formal administration)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing is mandatory for attorneys in Florida and available for self-represented litigants via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Serve Notice of Administration on the surviving spouse, beneficiaries, and other interested parties.
- Publish Notice to Creditors in a newspaper of general circulation in Osceola County (e.g., Osceola News-Gazette) once a week for two consecutive weeks.
- Serve Notice to Creditors on known creditors.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, though many uncontested matters are handled ex parte (without a hearing) if all documents are in order. If approved, the judge issues Letters of Administration (or Letters Testamentary), granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Wait for the creditor claim period to expire (3 months after first publication).
- Inventory and appraise all estate assets within 60 days of appointment.
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Petition for Discharge and Final Accounting to close the estate.
Local Requirements
Osceola County-Specific Procedures
- E-Filing: Attorneys must e-file documents. Self-represented litigants are encouraged to use the portal but may file in person.
- Checklists: The Ninth Judicial Circuit often uses checklists for probate cases to ensure all required documents are filed before orders are signed.
- Ex Parte: Many routine orders can be submitted for ex parte review without a hearing if all consents and waivers are filed.
- Publication: Notice must be published in a newspaper of general circulation in Osceola County, such as the Osceola News-Gazette, for two consecutive weeks.
Consult the Ninth Judicial Circuit's administrative orders and local rules for specific courtroom procedures.
Timeline & Fees
Filing Fees (Osceola County)
- Formal Administration: $400.00
- Summary Administration: $345.00 (for estates valued > $1,000)
- Disposition of Personal Property without Administration: $231.00
- Caveat: $41.00
- Notice of Trust: $41.00
- Certified copies: $1.00 per page + $2.00 for certification
- Publication costs: approximately $150-$300 depending on the newspaper
Florida law presumes reasonable attorney fees based on a statutory schedule (e.g., roughly $1,500 for estates up to $40k; $2,250 for estates up to $70k; $3,000 + 3% for estates up to $100k, etc.), though fees can be negotiated.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply). Checks should be made payable to "Osceola County Clerk of Court."
Estimated Timelines
- Simple estates (Summary Administration): 1-3 months
- Average estates (Formal Administration): 6-9 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period (3 months from publication) is a mandatory waiting period in formal administration that affects the timeline.
Local Resources
Osceola County Court Resources
- Court Website: osceolaclerk.com
- Probate Self-Help: Ninth Circuit Probate Info
Legal Aid and Attorney Referrals
- Osceola County Bar Association: (407) 933-7777 — Provides lawyer referral services.
- Community Legal Services of Mid-Florida: (800) 405-1417 — Legal aid helpline for eligible low-income residents.
- The Florida Bar Lawyer Referral Service: floridabar.org
Publication
- Osceola News-Gazette: (407) 846-7600 — Newspaper of general circulation.
- Orlando Business Journal: (407) 649-8470 — Publishes legal notices for the region.