The term "interested person" is defined as any person who may reasonably be expected to be affected by the outcome of the proceeding.
Probate is the legal process for administering the estate of a person who has passed away. It ensures that any debts are paid and that remaining assets are distributed to the rightful heirs or beneficiaries.
The Orange County Clerk of Courts processes probate filings, collects fees, maintains official court records, and issues certified copies.
NOTE: Clerk staff cannot provide legal advice or determine which type of probate applies.
Starting a Probate Case
Probate proceedings begin by filing a petition with the Clerk’s Office. The type of petition depends on the value of the estate and the amount of time since the decedent’s death.
Where to File
File the petition in the county where the decedent lived at the time of death. If the decedent was not a Florida resident, the proper venue is the county where the decedent’s property is located.
Filing Options
Required Items
Filing Fees
Filing fees vary based on the type of administration. Refer to the current Filing Fee Schedule.
There are three basic types of proceedings for administering a decedent’s estate under Florida law. The type of administration depends on the value of the estate, the time elapsed since death, and the types of assets involved.
Types of Administrations:
Formal Administration
Full court-supervised process: Estates valued over $150,000 or when debts must be settled
Summary Administration
Simplified process with limited court involvement: Estates valued under $150,000 or decedent deceased over 2 years
Disposition Without Administration
Used for very small estates: When decedent left only personal property for final expenses
This proceeding is used when the estate includes considerable assets or ongoing financial matters that require the appointment of a personal representative. The personal representative is authorized by the court to act on behalf of the estate once Letters of Administration are issued.
- A formal administration must be filed by an attorney licensed to practice law in Florida.
- This process includes full court supervision and is required when the estate value exceeds $150,000 or when creditors must be addressed.
Statutory Reference: §733.301–§733.617, Florida Statutes; Florida Probate Rules 5.200–5.320.
This is a simplified form of probate available when:
- The value of the entire estate subject to administration in Florida does not exceed $150,000, or
- The decedent has been deceased for more than two years.
If the decedent has been deceased for less than two years, proof that all known debts have been paid must be filed, including a copy of the paid funeral bill. An attorney is not required for summary administration, although legal guidance is recommended.
Statutory Reference: §735.201–§735.2063, Florida Statutes.
Disposition of Personal Property Without Administration is available in limited circumstances as provided by Florida law. This proceeding may be used when the decedent's exempt personal property and non-exempt personal property do not exceed $15,000, excluding exempt property, and the statutory requirements are otherwise met.
The following items must be submitted along with the Petition for Disposition of Personal Property Without Administration:
- Itemized, paid funeral bill
- Paid receipts for any medical expenses incurred within 60 days prior to death
- Certified death certificate
- Documents verifying the asset to be released (e.g., bank statement, check stub, insurance letter)
- Notarized consents from all persons who contributed toward the funeral bill
After review, if the court determines that the petitioner is entitled to the decedent's assets, an Order Authorizing Release of Assets will be entered. The original authorization will be mailed to the petitioner.
Q: How do I obtain certified copies of probate documents?
A: Certified copies may be requested online through the Clerk’s Records page or in person at any Clerk of Courts location. Standard copy and certification fees apply.
Q: Can I check the status of a probate case online?
A: Yes. Case information is available through our Online Case Search feature.
Q: Do I need an attorney to file probate?
A: Most probate matters require an attorney. However, an attorney is not required for Summary Administration or Disposition Without Administration.
Q: How long does probate take?
A: Timelines vary depending on the complexity of the estate, court caseload, and whether disputes arise.
