Orlando estates are filed with the Orange County Clerk's Probate division at 425 N. Orange Ave., Suite 335, and heard in the Ninth Judicial Circuit, which requires certification checklists with most proposed orders. Depositing a will is free, and formal administration costs $400 to open. We meet Orange County families at our Orlando office on N. Magnolia Ave.
Orange County is where we have an office, so Orlando estates are ones we can handle face to face. That matters in probate, because the person settling the estate is often grieving, short on time and handed a stack of paperwork by a bank or funeral home. Below is how an Orange County administration runs, including the Ninth Circuit's checklist system, which shapes nearly every filing here and catches many families off guard.
Communities we serve in Orange County
- Orlando, including College Park, Baldwin Park and Dr. Phillips
- Winter Park and Maitland
- Apopka
- Winter Garden and Windermere
- Ocoee
- Lake Nona
The Orange County probate office
The Clerk of Courts' Probate division is at 425 N. Orange Ave., Suite 335, Orlando, FL 32801, in the downtown courthouse. Estates are heard in the Ninth Judicial Circuit, which serves Orange and Osceola counties. The Clerk lists office hours of 7:30 a.m. to 4:00 p.m. on weekdays, while its probate phone line takes calls only from 8:00 a.m. to noon, so plan any call for the morning.
Depositing an Orlando will
Section 732.901 requires whoever holds the original will to deposit it with the clerk within 10 days after learning of the death, in the county where the person lived. For Orange County that is the main courthouse. Bring the original and the date of death or Social Security number. Filing the will costs nothing; if you want an official receipt, the Clerk charges $6. You do not need an attorney to deposit it. To check whether a will is already on deposit, the Clerk's online records search has a case type called Wills for Safekeeping.
Orange County Clerk probate fees
| Filing | Clerk fee |
|---|---|
| Formal administration | $400 |
| Summary administration over $1,000 | $345 |
| Summary administration of $1,000 or less | $235 |
| Disposition of personal property without administration | $231 |
| Caveat or notice of trust | $41 |
| Receipt for a deposited will (optional) | $6 |
The Ninth Circuit's mandatory checklists
Under Administrative Order 2021-09-05, anyone submitting a proposed order in an Orange or Osceola estate must attach the matching certification checklist, and a submission without one may be rejected. The checklists are:
- Checklist for Opening Formal Administration
- Checklist for Summary Administration
- Checklist for Determining Homestead Status of Real Property
- Checklist for Closing Formal Administration
Two more filings are required circuit wide. A Notice Regarding Original Will must be filed when any estate is opened, except an ancillary one, and an Affidavit of Heirs must be filed in every case where there was no will. The opening checklist warns that if the dates for each item are not filled in, the court will deny the petition on that basis.
Summary or formal administration in Orange County
Summary administration is generally available when the non exempt estate is $150,000 or less, or when the person died more than two years ago. The limit rose from $75,000 under chapter 2026-57, effective July 1, 2026. Formal administration is the right path when there are creditors to deal with, a house to sell or a financial institution that wants letters of administration.
Creditors, the home and closing the estate
- Notice to creditors. The notice is published, and creditors generally have three months from first publication to file claims. The closing checklist asks whether the notice was served on the Agency for Health Care Administration where required, whether other known creditors were served and whether proof of publication is in the file.
- Homestead. If the person lived in the home, a petition to determine homestead status, with its own checklist, lets the court confirm who received the property. Protected homestead is generally not available to estate creditors, and the Florida Constitution limits how it passes when a spouse or minor child survives. Whether a non homestead house can be sold depends on the will's powers or a court order.
- Taxes. Florida has no estate or inheritance tax, though a federal estate tax return can still be required for a large estate.
- Final accounting and discharge. The closing checklist asks for a final accounting or waivers from every interested person, a petition for discharge served on everyone entitled to it, the 30 day period for objections to expire and receipts from the beneficiaries.
Anyone who inherits and moves into the home applies for the homestead property tax exemption with the Orange County Property Appraiser by March 1 (section 196.011). Our Florida homestead planning page explains the constitutional rules.
Out of state personal representatives
A nonresident may serve only if he or she is a close relative of the person who died, such as a child, parent, spouse or sibling (section 733.304), and a personal representative in Florida generally must be represented by a Florida attorney. If you live elsewhere, we can do most of the work by video and mail, and meet you at the office when you are in town.
How we work with Orange County clients
Orange County clients meet with an attorney at our Orlando office, 815 N. Magnolia Ave., a short drive from the courthouse, or by phone or video. Your first consultation is free, and because the firm limits its caseload, you work directly with an attorney. Our Florida probate administration page covers the process statewide. For your own planning, see Orange County estate planning; for an aging parent, Orange County elder law; and if the estate includes a family company, Orlando business law. Contact us to set up a meeting.
More help in Orange County
We also help Orange County clients with:
