Overview
Seminole County is located in Florida with a population of approximately 475,000. The Seminole County Clerk of the Circuit Court & Comptroller, Probate Division 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 smaller estates. Summary Administration is available if the estate's value is $75,000 or less, or if the decedent has been dead for more than two years. For very small estates consisting primarily of exempt property and non-exempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness, a Disposition of Personal Property without Administration may be filed.
Florida law does not set a statutory fee schedule for personal representatives, but fees must be reasonable. Attorneys for the personal representative are entitled to reasonable compensation, which is often calculated based on a statutory schedule (e.g., roughly 3% of the estate value for estates between $100,000 and $1 million), though this can be negotiated.
This guide provides an informational overview of the Seminole 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
Seminole County Clerk of the Circuit Court & Comptroller
Probate matters in Seminole County are handled at the Juvenile Justice Center.
Address: 190 Eslinger Way, Sanford, FL 32773
Phone: (407) 665-4369 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is responsible for maintaining the files and records of all estate proceedings. The Clerk's office can assist with procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available at the Juvenile Justice Center complex. Be sure to check signage for time limits and visitor parking areas.
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 to reimburse funeral/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 Seminole County Clerk of the Circuit Court. Include:
- Petition for Administration
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $400.00)
- Oath of Personal Representative
- Designation of Resident Agent
E-filing is mandatory for attorneys and available for self-represented litigants via the Florida Courts E-Filing Portal.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (Notice of Administration) to all heirs, beneficiaries, and interested parties.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Seminole County (e.g., Sanford Herald or Orlando Sentinel) once a week for two consecutive weeks.
Step 4: Attend the Hearing
The court will review the petition. Many routine probate matters in Seminole County are handled ex parte (without a hearing) if all documents are in order. If a hearing is required, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Serve Notice to Creditors on known creditors within 3 months of first publication.
- Inventory and appraise all estate assets within 60 days of issuance of Letters.
- Pay valid creditor claims and object to invalid ones.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and Petition for Discharge to close the estate.
Local Requirements
Seminole County-Specific Procedures
- E-filing: The 18th Judicial Circuit utilizes the Florida Courts E-Filing Portal.
- Checklists: The Clerk's office often uses checklists to ensure all required documents are filed before orders are presented to the judge.
- Local Rules: Familiarize yourself with the 18th Judicial Circuit Administrative Orders regarding probate.
- Publication: Notice must be published in a newspaper of general circulation in Seminole County for two consecutive weeks.
Always check with the Clerk's office for the most current local forms and requirements.
Timeline & Fees
Filing Fees (Seminole County)
- Formal Administration: approximately $400.00
- Summary Administration: approximately $345.00 (estates > $1,000)
- Disposition of Personal Property: approximately $231.00
- Certified copies of Letters: approximately $3.00 per page + $2.00 for certification
- Publication costs: approximately $150-$300 depending on the newspaper
Florida statutes provide a presumption of reasonable compensation for attorneys and personal representatives based on the value of the estate (e.g., 3% for the first $1 million).
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply).
Estimated Timelines
- Simple estates (Summary Administration): 2-4 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 primary factor in the timeline.
Local Resources
Seminole County Court Resources
- Court Website: seminoleclerk.org
- Probate Self-Help: Seminole Clerk Probate Info
- Florida Probate Forms: Florida Courts Probate Help
Legal Aid and Attorney Referrals
- Seminole County Bar Association: (407) 834-6000 — Lawyer Referral Service
- Community Legal Services of Mid-Florida: (800) 405-1417 — Legal Aid
- The Florida Bar Lawyer Referral: floridabar.org
Publication
- Sanford Herald: (407) 322-2611 — Legal Advertising
- Orlando Sentinel: (407) 420-5350 — Legal Notices