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Guiding You Through Probate in Orlando, Florida

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Losing a loved one is a challenging experience, and navigating legal processes like probate during this time can add significant stress. Boyer Law Firm is here to help. Our experienced probate attorneys in Orlando understand the complexities of Florida probate law and can guide you through the process efficiently and empathetically.

This comprehensive guide provides an overview of probate in Florida, with a particular focus on the specific considerations for Orlando residents.

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What is Probate?

Probate is a court-supervised legal process that oversees the administration of a deceased person’s estate. It involves identifying and gathering the decedent’s assets, paying debts and taxes, and distributing remaining assets to beneficiaries as outlined in a will or according to Florida law if no will exists.

Do I Need to File Probate in Orlando?

Not all estates require probate. In Florida, probate is generally necessary if the deceased:

  • Owned assets solely in their name (e.g., real estate, bank accounts, investments)
  • Did not have a beneficiary designation on certain assets (e.g., retirement accounts, life insurance)
  • Owned real estate without a joint owner with rights of survivorship
  • Had a complex estate with significant assets or debts

The knowledgeable probate attorneys at Boyer Law Firm can assist you and your family in evaluating the estate to determine the requirments and classification under Florida Probate Law.

Understanding Probate in Florida

Florida probate law is governed by Chapters 731 through 735 of the Florida Statutes. The specific process can vary depending on the size and complexity of the estate. Here’s a general breakdown of the different types of probate administration in Florida:

  • Formal Administration: This is the standard probate process used for most estates exceeding $75,000 in value or if a will requires it. It involves filing a petition with the court, appointing a personal representative (executor), notifying creditors, paying debts and taxes, and distributing assets to beneficiaries.
  • Summary Administration: This is a simplified process for smaller estates (typically under $75,000) that meet specific criteria. It allows for a quicker and less expensive probate process.
  • Disposition Without Administration: This applies to very small estates with minimal assets that can be distributed without court involvement.

Orlando Specifics in Probate

Probate cases for Orlando residents are handled by the Orange County Circuit Court. The court website provides valuable resources and information on probate procedures specific to Orange County, including filing fees, forms, and timelines

Factors to Consider When Needing an Attorney

Several factors can influence your decision to involve a probate attorney in Orlando:

  • The Size and Complexity of the Estate: Larger estates with diverse assets or complex financial situations often benefit from legal expertise, especially with Orlando real estate.
  • The Existence of a Will:If there’s no will or the will is contested, an attorney can navigate the intricacies of intestacy laws or will challenges
  • Potential for Creditor Claims: Anticipated creditor claims can add complexities to the probate process. An attorney can ensure proper notification and negotiation of claims.
  • Value of Real Property in Orange County: If the estate includes significant real estate holdings in Orange County, legal guidance can ensure smooth property transfer and address potential tax implications.

Why Choose Boyer Law Firm?

Boyer Law Firm’s experienced Orlando probate attorneys offer a multitude of benefits throughout the probate process:

  • Local Expertise: Our attorneys understand the nuances of probate procedures in Orange County and can navigate local complexities efficiently.
  • Efficient Estate Administration: We can streamline the process, ensuring timely and accurate handling of all necessary tasks.
  • Minimized Delays and Complications: Our legal knowledge can prevent costly mistakes and delays that can stall probate, especially with Orlando real estate.
  • Protection of Your Rights and Interests: We advocate for your interests and ensure your rights are upheld during the probate process.

In the next sections, we will delve deeper into common probate issues in Orlando, the typical probate process, and how Boyer Law Firm can guide you through each step.

Common Issues in Orlando Probate

Probate in Orlando can present specific challenges, and Boyer Law Firm is here to help you navigate them effectively. Here are some common issues you may encounter:

  • Homestead Property: Florida’s homestead exemption offers significant protection for a primary residence. Understanding these protections and their impact on the probate process in Orlando is crucial. Boyer Law Firm’s attorneys can ensure proper handling of homestead property.

  • Beneficiary Designations: Assets with designated beneficiaries (e.g., retirement accounts, life insurance) may not go through probate, but ensuring proper beneficiary designations are in place is essential. Our team can review your situation and advise on any necessary updates.

  • Unknown Assets: Locating all assets owned by the decedent can be challenging, especially with complex estates. Boyer Law Firm’s experienced attorneys can conduct a thorough asset search to ensure a complete picture of the Orlando estate.

Tax Implications: Federal and state estate taxes may apply depending on the value of the estate. Boyer Law Firm’s probate attorneys work with tax professionals to minimize tax liabilities and ensure compliance with all tax regulations specific to Florida.

The Orlando Probate Process

The Orlando probate process typically involves these steps, and Boyer Law Firm can guide you through each stage:

  1. Filing a Petition: The personal representative (executor) files a petition with the Orange County Circuit Court to initiate probate. Our attorneys can assist with the petition preparation and filing process, ensuring all necessary information is included.
  2. Inventorying Assets: All assets owned by the decedent at the time of death are identified and valued. Boyer Law Firm can help locate and value all assets, including real estate in Orange County, bank accounts, investments, and personal property.
  3. Publication Notice: A notice is published in a local Orlando newspaper to inform potential creditors of the probate proceeding. Our team ensures proper publication according to Florida law, minimizing the risk of missed claims.
  4. Debt Payment: Debts and taxes are paid from estate assets, with priority given to certain types of debts (e.g., funeral expenses, secured loans). Boyer Law Firm prioritizes debts and ensures all obligations are settled before asset distribution.
  5. Distributing Assets: Once all debts and taxes are settled, remaining assets are distributed to beneficiaries as outlined in the will or according to Florida law if no will exists. Our team ensures accurate and timely distribution to beneficiaries, minimizing delays and complications.

How Boyer Law Firm Can Help with Orlando Probate

Boyer Law Firm’s experienced Orlando probate attorneys understand the complexities of Florida probate law and the unique considerations of Orange County. We offer comprehensive legal services throughout the process, including:

  • Assessing the need for probate based on the estate’s size and complexity.
  • Guiding you through the appointment of a personal representative (executor).
  • Identifying and valuing all estate assets, including homestead property in Orlando.
  • Preparing and filing all required court documents with the Orange County Circuit Court.
  • Handling creditor claims and ensuring proper notification through publication.
  • Navigating tax implications related to the estate and working with tax professionals.
  • Resolving disputes among beneficiaries and advocating for your interests.
  • Ensuring a smooth and efficient probate process, minimizing stress and delays.


We understand the emotional toll probate can take, and our compassionate team is here to support you during this difficult time. Contact Boyer Law Firm’s Orlando office today to schedule a consultation and discuss your specific needs.

In addition to the resources linked previously, Boyer Law Firm can also assist with:

  • Foreign Nationals: If you are a beneficiary or personal representative involved in a Florida probate with international assets or beneficiaries, Boyer Law Firm’s attorneys have experience handling these complex cases. Visit our page on Foreign Nationals and Florida Probate for more information: [invalid URL removed].
  • Estate and Trust Litigation: Unfortunately, probate can sometimes lead to disputes that require litigation. Boyer Law Firm’s experienced attorneys can represent you in estate and trust litigation matters. Learn more about our Estate and Trust Litigation services here:

Boyer Law Firm is your trusted partner for all your Orlando probate needs. Contact us today to schedule a consultation.

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