Orange County families usually build an estate plan from a will or revocable living trust, a durable power of attorney, health care documents and a homestead review. When an Orange County resident dies, the original will goes to the Clerk at 425 N. Orange Ave. within 10 days, and probate is heard in the Ninth Judicial Circuit.
Orange County is a mix of long time Central Florida families, retirees, young professionals and people who have just moved here for work. That variety shows up in estate planning. Some clients have never signed a will. Others bring documents from another state, own a home in Winter Park and a rental in Apopka, or are trying to settle a parent's estate from far away. Whatever your starting point, our goal is the same: a plan signed correctly under Florida law, and clear help with the local steps that follow.
You can meet with us in person at our Orlando office at 815 N Magnolia Ave, a short drive from the county courthouse downtown.
Communities we serve in Orange County
We work with estate planning and probate clients throughout the county, including:
- Orlando
- Winter Park
- Apopka
- Ocoee
- Winter Garden
- Windermere
- Maitland
Documents most Orange County families consider
There is no single template, but most plans are built from the same core documents:
- Will. A Florida will names who inherits, who serves as personal representative and who would care for minor children. You sign at the end before two witnesses, who sign in your presence and each other's.
- Revocable living trust. Assets titled in a revocable living trust pass without probate, with a pour over will to catch anything left outside.
- Durable power of attorney. Lets someone you choose manage your finances. It is signed before two witnesses and a notary.
- Health care surrogate and living will. Name who makes medical decisions if you cannot and record your end of life wishes. Each is signed before two adult witnesses, at least one of whom is not your spouse or a blood relative.
- Homestead review. Checks how your Orange County home is titled and how Florida's homestead rules affect who can receive it.
Homestead planning for Orange County homeowners
For many Orlando area families the home is the most valuable asset they own. The Florida Constitution protects a primary residence from most creditors, but it also restricts how that home can be left by will if you are survived by a spouse or a minor child. Our Florida homestead planning page explains those rules and how a lady bird deed fits in.
Two local offices handle the paperwork side of your home, and they do different jobs:
- The Orange County Property Appraiser handles the homestead property tax exemption. Under section 196.011 of the Florida Statutes, the application is generally due on or before March 1 of the year you want the exemption. The tax exemption is separate from the creditor protection and inheritance rules, and qualifying for one does not decide the other.
- The Orange County Comptroller records deeds and other documents in the county's Official Records. If your plan includes a deed into your trust or a lady bird deed, it is recorded there. The Comptroller also offers a free Property Fraud Alert service that notifies you when a document is recorded under a name you choose to monitor, which is a sensible step once your deed is on record.
When a loved one dies in Orange County
If the person who died lived in Orange County, the local steps usually look like this:
- Deposit the original will. Florida law (section 732.901) requires whoever holds the original will to deposit it with the clerk within 10 days after learning of the death. The Orange County Clerk of Courts takes wills at the main courthouse, 425 N. Orange Ave., Suite 335, Orlando. The Clerk's office states that filing a will is free, a receipt costs a small fee, and you will be asked for the date of death or Social Security number. An attorney is not required just to deposit the will.
- Decide which kind of probate applies. Probate in Orange County is heard by the probate division of the Ninth Judicial Circuit, which serves Orange and Osceola counties. Summary administration is generally available when the non exempt estate is $150,000 or less, a limit raised from $75,000 by chapter 2026-57 effective July 1, 2026, or when the person died more than two years ago. For deaths before July 1, 2026, ask us which limit applies. Larger estates generally go through formal administration.
- Open the estate and notify creditors. In formal administration, the personal representative publishes a notice to creditors, and creditors generally have three months from first publication to file claims.
- Settle and distribute. The personal representative pays valid claims and expenses, distributes what remains and closes the estate.
The Ninth Circuit's probate division publishes checklists for opening and closing summary and formal administrations and for determining homestead status. They are useful for understanding what the court expects. A personal representative in Florida generally must still be represented by a Florida attorney, so these checklists are a guide, not a substitute for counsel. Our Florida probate administration page explains the whole process in more detail.
Settling an Orange County estate from out of state
Many personal representatives for Orlando area estates live elsewhere: adult children who moved away, or relatives of a parent who retired here. Florida allows a nonresident to serve only if they are a close relative of the person who died, such as a child, parent, spouse, sibling, aunt, uncle, niece or nephew (section 733.304). If you qualify, much of the work can be handled with your Orlando attorney by phone and email, with the court filings made electronically.
Moved to Orlando with an out of state plan?
Central Florida draws new residents every year. A will that was valid where it was signed is generally valid here, but people you named may not qualify to serve in Florida, your new home may bring homestead rules into play for the first time, and your power of attorney may not meet Florida's witness and notary rules. A review is usually the simplest way to bring everything in line.
How we work with Orange County clients
We start with a free consultation at our Orlando office or by phone. We learn about your family and property, explain which documents fit, and prepare them in plain language. We supervise the signing with the witnesses and notary Florida requires, and we handle any deed recording. If you are settling an estate, we review the assets, tell you which type of probate applies and guide you through each filing. Our firm limits its caseload, so you work directly with an attorney throughout.
