A probate attorney helps the executor or personal representative move a Florida estate through court: opening the case, notifying heirs and creditors, and distributing assets. Whether you need one depends on the estate. This page summarizes Florida basics at a general level for families in Orange County and explains how to choose an attorney. It is not legal advice.
Florida probate basics (general summary)
Florida probate runs through the circuit court for the county of residence. Depending on the size and age of the estate, a shorter summary administration may be available instead of formal administration. Because Florida generally requires an attorney for formal administration in most situations, speaking with a licensed Florida probate attorney early is a practical step.
Every estate is different, and rules, thresholds, and deadlines change. Nothing here replaces advice from a licensed Florida attorney who has reviewed your situation.
Fees and how to choose
How attorneys charge. Probate attorneys bill hourly, by flat fee for uncontested estates, or in some states by a statutory percentage of the estate. Fees are usually paid by the estate rather than the executor personally and may require court approval. Ask for the fee structure in writing before any work begins.
Vetting. Confirm the attorney is licensed and in good standing with the Florida bar, that probate is a real focus of their practice, and that they regularly file in the local court. Ask who will handle day-to-day communication and how long similar estates have taken.
Timeline
Uncontested estates commonly take six months to a year or more, largely because of mandatory creditor notice periods and court scheduling. Simplified procedures for smaller estates can be much faster. Disputes, real estate in more than one state, and tax issues extend the process.
Coordinating the home. Once authority is clear, the executor can arrange an estate sale in Orlando or an estate cleanout. Keep all invoices and settlement statements for the estate's accounting.
How attorneys appear on Estate Next Steps
We do not refer clients to attorneys or accept per-lead payments for legal services. Attorneys listed for Orlando pay a flat advertising fee for a clearly labeled featured listing. We do not rate or rank attorneys. Verify any attorney's license with the Florida bar before engaging them.