There are many different probate courts here in Florida, but today we’re going to talk about the Orange County probate court in particular.
Orange County Probate Court: Information You Need
The first thing you should know is that you will need to file the will of the deceased person in Orange county when that person resided in Orange County. If, for example, they lived in Hernando County, you would begin the probate process there.
You will find the Orange County Clerk Circuit Court at 425 N. Orange Ave., Suite 355, Orlando, FL 32801 and they can be reached via telephone at 407-836-2057. It’s also advisable to pay close attention to their opening hours which are Mon.-Fri. 8:00 a.m. – 12:00 p.m. Office Hours: Mon.-Fri. 7:30 a.m. – 4:00 p.m. Additionally, there may be changes to these hours due to the current pandemic, so it’s recommended to call ahead of time to ensure that they are open before you head down there.
The Process of Probate in Orange County
The first step you will need to take is to file the will of the deceased with the probate court. You will do this by filing a petition seeking to administer an estate or to admit a will to probate. You will be required to pay a filing fee with this petition and the fee will vary depending on the type of administration that is necessary (which is determined by the size and setup of the estate).
In Orange County as of October 2020, these are the current filing fees for probate court:
|$231.00||Probate other (Petition to amend death certificate, Petition to open a safe deposit box)|
|$231.00||Guardianship other (Petition to appoint stand alone stand by guardian, Petition to appoint successor custodian)|
|$231.00||To admit foreign will|
|$231.00||To admit transcript of record|
|$231.00||For disposition of personal property without administration|
|$231.00||To Determine Incapacity|
|$231.00||Foreign Guardianship to Manage Property of Non-Resident Ward|
|$231.00||To Approve Minor Contract or Minor Settlement|
|$235.00||For Veterans Administration and Guardianship|
|$235.00||To Appoint Guardian of Person|
|$41.00||For filing caveat, notice of trust|
|$6.00||For each authorization prepared by the Clerk for disposition of personal property|
|Please note: Include a preparation fee for each authorization prepared by the Clerk (separate authorization for each agency)|
|$395.00||To file counter petitions|
|$235.00||For summary administration less than or equal to $1,000.00|
|$345.00||For summary administration greater than $1,000.00 and ancillary summary administration|
|$400.00||For formal or ancillary formal administration, curatorship, conservatorship or guardianship of property (including voluntary guardian property)|
|$85.00||Audit Fee for a Guardianship Inventory having value in excess of $25,00.00|
|Audit Fee on Annual Accounting or Simplified Accounting:|
|$20.00||Assets of $25,000.00 or less|
|$85.00||Assets of more than $25,000.00 but not in excess of $100,000.00|
|$170.00||Assets of more than $100,000.00 but not in excess of $500,000.00|
|$250.00||Assets in excess of $500,000.00|
|$8.50||Bond Approval Fee (For all case types)|
Additional fees may also apply for the following services:
|$1.00||Copies – per page (no larger than 14″x8.5″)|
|$7.00||Exemplified Certificate (one-page judgment)|
|$6.00||Preparation of official receipt upon filing wills for safekeeping or pre-need guardian (no charge for filing if no receipt desired)|
|$2.50||Each additional defendant over five|
|$3.50||Administer an oath (must present ID)|
|$42.00||Sealing or expungement of record|
|$100.00||Pro Hac Vice (out-of-state attorney – F.S. 25.241)|
|$18.00||For each severance granted (paid by the party)|
|Deposits into the registry of court (3% of the first $500 and 1.5% of balance)|
If you need more information about filing probate in Orange County probate court you can find that information on the Orange County Clerk Circuit Court website. If you have questions of a legal nature about filing probate in Orange County, we invite you to get in touch with our office!
Do You Need Legal Representation in Orange County Probate Court?
If you are in need of an attorney to assist you through the probate process, Weidner Law can help! We are here to see you through every step of the process, all you need to do is give us a call at 727-954-8752 and set up an appointment with us at a time that’s convenient for you!