Question 1

Where is an Orange County probate case filed?

Accepted Answer

Probate cases are filed electronically through the Florida Courts E-Filing Portal and assigned to the Ninth Judicial Circuit's probate division. Self-represented filers may also file in person at the Clerk's probate counter in Suite 335, or by mail to Suite 350. Venue — which county — is set by statute. An estate is opened in the county where the decedent was domiciled at death; if the decedent had no Florida domicile, venue lies in any county where the decedent owned property. A case filed in the wrong county is transferred rather than dismissed. Source: § 733.101, Fla. Stat. Note that § 733.101 governs venue, not the court's jurisdiction — two different things that are frequently conflated.

Question 2

Does the Ninth Judicial Circuit cover Osceola County too?

Accepted Answer

Yes. The Ninth Judicial Circuit serves Orange and Osceola Counties. Osceola has no standalone probate division — probate there sits inside the circuit civil division at the Jon B. Morgan Osceola County Courthouse in Kissimmee. Several Ninth Circuit administrative orders, including the mandatory Affidavit of Heirs requirement, apply circuit-wide to both counties.

Question 3

Where is my Orange County probate hearing actually held?

Accepted Answer

Filing and appearing are not in the same building. Every Orange County probate case is filed at 425 N. Orange Avenue. But two of the three probate sub-divisions hear cases at the Thomas S. Kirk Justice Center on East Michigan Street, about two miles away. Sub-division Courtroom Building Parking 01-5 19-C Orange County Courthouse 425 N. Orange Ave., Orlando 32801 Garage off Magnolia or Orange Ave. $2/hour, $15 daily maximum 02-5 1 Thomas S. Kirk Justice Center 2000 E. Michigan St., Orlando 32806 West side of the complex — free 09-5 5 Thomas S. Kirk Justice Center 2000 E. Michigan St., Orlando 32806 West side of the complex — free The Kirk Justice Center is widely believed to be the juvenile courthouse, and for years it was. Orange County renamed it — dropping the word "Juvenile" — precisely because probate, guardianship and mental health cases moved in alongside delinquency and dependency matters. If you have been told your probate hearing is at the juvenile courthouse, that is not a mistake. The Orange County Courthouse is open 7:00 a.m. – 5:00 p.m.; the Kirk Justice Center 8:00 a.m. – 5:00 p.m. Both screen for weapons, and possession means you will be denied entry.

Question 4

Is the summary administration limit $75,000 or $150,000?

Accepted Answer

$150,000. Effective 1 July 2026, an estate may qualify for summary administration when the value of the estate subject to administration in Florida — less property exempt from the claims of creditors — does not exceed $150,000, or the decedent has been dead more than two years. Source: § 735.201(2), Fla. Stat., as amended by s. 7, ch. 2026-57, Laws of Florida (CS/HB 1337). Two points get missed, and both matter more than the headline number. Homestead does not count toward the limit. The statute excludes "property exempt from the claims of creditors" — a phrase broader than the exempt-property list in § 732.402, because it also reaches constitutionally protected homestead. An estate whose principal asset is the family home in Orlando can therefore still qualify for summary administration, even where the house is worth several times the limit. See § 735.201(2), Fla. Stat.; Art. X, § 4(a), Fla. Const. (homestead is "exempt from forced sale under process of any court"). A will can disqualify the estate no matter what it is worth. The dollar limit and the two-year alternative are only half the test. In a testate estate, summary administration is available only if the will

Question 5

When is formal administration required?

Accepted Answer

Formal administration under chapter 733 is the default. It is required whenever the estate does not qualify for — or the will does not permit — summary administration or a disposition without administration. There is no separate trigger based on the nature of the assets: the question is simply whether one of the lesser procedures is available. Formal administration is also the route that produces letters of administration, which is what banks, title companies and transfer agents ask for.

Question 6

What is disposition without administration?

Accepted Answer

Two provisions allow certain small estates to be resolved without opening an administration at all. Section 735.301 applies where the decedent left only exempt personal property, personal property exempt from creditors' claims under the Florida Constitution, and non-exempt personal property worth no more than the sum of preferred funeral expenses and the reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. The statute itself sets no dollar figure; "preferred" funeral expenses are those given priority as Class 2 under § 733.707(1), which caps reasonable funeral, interment and grave marker expenses at an aggregate of $6,000. Section 735.304 is a separate provision for intestate small estates, raised from $10,000 to $20,000 of non-exempt personal property effective 1 July 2026. It carries two requirements people miss: the decedent must have been dead more than one year, and if the decedent was over 55 at death, the affidavit must be served by formal notice on the Agency for Health Care Administration — Florida's Medicaid estate-recovery agency. Sources: §§ 735.301, 735.304, 733.707(1), Fla. Stat.; Fla. Prob. R. 5.420, 5.425. One

Question 7

What does it cost to open a probate case in Orange County?

Accepted Answer

$400 for formal administration and $345 for a summary administration over $1,000 — those are the amounts you write the check for. The figures in the statute are slightly lower, because the Clerk adds statutorily authorized service charges on top. Filing Statutory charge Clerk charges Formal administration — also ancillary formal, curatorship, conservatorship, guardianship of property $395 · § 28.2401(1)(g) $400.00 Summary administration, estate $1,000 or more; ancillary summary $340 · § 28.2401(1)(e) $345.00 Summary administration, estate under $1,000 $230 · § 28.2401(1)(f) $235.00 Disposition of personal property without administration $230 · § 28.2401(1)(d) $231.00 Admit a foreign will; admit a transcript of record; petition to open a safe deposit box; petition to amend a death certificate; determine incapacity — $231.00 Caveat, or notice of trust $40 · § 28.2401(1)(b) $41.00 Trust proceeding — $400.00 Counter petition — $395.00 Bond approval — $8.50 Re-open a closed estate — $50.00 Certified copy — $2.00 certification + $1.00/page Deposit into the court registry — 3% of the first $500, then 1.5% A $4 additional service charge applies to petitions for

Question 8

What are the Orange County probate certification checklists?

Accepted Answer

The Ninth Circuit requires a completed certification checklist with proposed orders in estate administrations. There are four, adopted by administrative order: Checklist for Summary Administration Checklist for Opening Formal Administration Checklist for Closing Formal Administration Checklist for Determining Homestead Status of Real Property There is no checklist called "discharge" — the closing stage is covered by the Closing Formal Administration checklist. The administrative order provides that "any submission without an accompanying Probate Certification Checklist may be rejected and thus have to be resubmitted." The sub-division's own published procedures put it more bluntly: the applicable checklist "must be fully completed or it will not be considered." Sources: Ninth Judicial Circuit Administrative Order 2021-09-05 (Orange County companion AO 2021-09-04); Division procedures. One caution worth knowing: the Ninth Circuit's published Checklist for Summary Administration was last revised in 2022 and still recites the $75,000 threshold. Both the statute and Fla. Prob. R. 5.530(a)(7) now read $150,000. It is the single most-visited Orange County probate checklist on the

Question 9

Where do I get Orange County probate forms?

Accepted Answer

This is the question with the most disappointing answer on the page. For the core probate petitions there is no fill-in form — not from Orange County, and not from the state. Part V of the Florida Probate Rules is the approved-forms part, and it is almost entirely guardianship: petitions to determine incapacity and appoint a guardian, letters of guardianship, guardianship plans, guardian advocate forms. Outside guardianship it supplies an inventory form, forms for an injunction against exploitation, and an affidavit of qualified custodian of an electronic will. There is no approved form for a petition for administration, a petition for summary administration, a notice to creditors or an order of discharge. Sources: Fla. Prob. R. 5.901–5.906, 5.910, 5.920, 5.930. So the Orange County probate forms that actually exist are the local ones: the four certification checklists above, the Affidavit of Heirs and the Notice Regarding Original Will. Everything else is drafted from scratch to fit the statute. That is precisely why an incomplete first filing is the largest single cause of delay in an Orange County estate — there is no form to keep you inside the lines.

Question 10

Which filings get an Orange County estate rejected?

Accepted Answer

Two mandatory filings catch people repeatedly, and neither appears on most Florida probate websites.

Question 11

Where do I deposit the original will?

Accepted Answer

The custodian of a will must deposit it with the clerk of the court having venue of the estate within 10 days after receiving information that the testator is dead, and must supply the date of death or the last four digits of the decedent's social security number. There is no criminal penalty for failing to do so. A custodian who fails without just cause can be compelled to produce the will on petition and notice, and may be assessed costs, damages and a reasonable attorney's fee. The Clerk must preserve the original will for at least 20 years, whether or not it is ever admitted to probate. Source: § 732.901, Fla. Stat.

Question 12

How do I search Orange County probate court records?

Accepted Answer

Run the Orange County probate court case search through the Orange County Clerk of Courts online records portal. Non-confidential dockets, filings and case numbers are searchable without registration, so a basic Orange County FL probate case search costs nothing and needs no account. Most Orange County FL probate records are open by default; the exceptions are narrow and set out below. Registered access is required for confidential documents, and Orange County probate case access at that level is governed by Florida Supreme Court Administrative Order AOSC16-14. If you are an interested person in the estate and cannot see a document you believe you are entitled to, that order — not the Clerk's counter staff — is what controls. Three things make an Orange County probate search fail more often than anything else: the estate is indexed under the decedent's full legal name rather than the name the family uses; the case was opened in Osceola County, which shares the Ninth Judicial Circuit but has its own records index; and the filing is one of the confidential categories below, in which case it will not appear at all. Certified copies of letters of administration, orders admitting

Question 13

Are Orange County probate records public?

Accepted Answer

Most of the file is. The inventory and every accounting are not. Any inventory — initial, amended or supplementary — and any accounting — interim, final, amended or supplementary — filed with the clerk is confidential and exempt from Florida's public records law. The clerk may disclose them only to the personal representative, the personal representative's attorney, an interested person as defined by the Probate Code, or by court order on a showing of good cause. The confidentiality is automatic on filing; no motion or order is required. Sources: § 733.604(1), Fla. Stat.; Fla. R. Gen. Prac. & Jud. Admin. 2.420(d)(1)(B)(xi). Separately, the personal representative must serve the inventory on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who requests it in writing. A beneficiary may also demand a written explanation of how any asset was valued, or a copy of the appraisal. Source: Fla. Prob. R. 5.340(d), (e).

Question 14

How do hearings work in the Orange County probate division?

Accepted Answer

Each of the three sub-divisions publishes its own practices and procedures, and they differ. What follows describes the sub-division that publishes the most detailed procedures; confirm your own division's rules before relying on any of it.

Question 15

How do I set a hearing?

Accepted Answer

Short matters of ten minutes or less are heard Tuesdays and Thursdays at 9:30 a.m. by WebEx, and must be scheduled at least three business days before the hearing. Available time is viewable through the circuit's online calendaring system, and the date must be coordinated with opposing counsel or any self-represented party first. Requests over 15 minutes require consecutive slots; anything over an hour requires the judge's prior approval by email, with the petition or motion attached and the reason for the extra time explained. Another sub-division schedules all hearings through its judicial assistant rather than a self-service calendar. This is one of the places where the divisions genuinely diverge.

Question 16

Can my probate hearing be held remotely?

Accepted Answer

Non-evidentiary matters may be heard virtually by WebEx, with cameras on. Telephone appearance is never permitted. All evidentiary hearings are in person, and any witness testifying must have government-issued photo identification in hand, ready to hold up to the camera so the court can place them under oath.

Question 17

What are the exhibit rules?

Accepted Answer

Exhibits must be exchanged no later than five business days before the hearing and must be Bates-stamped. The parties must then hold a substantive, good-faith telephone conference to address stipulations and objections to admissibility. Bring two hard copies to court — one for the judge and one for the clerk. Electronic submissions must be Word or PDF; zip drives, shared folders and links are rejected.

Question 18

Do I have to disclose AI use in a filing?

Accepted Answer

Yes. Any party or self-represented party who has used artificial intelligence in preparing any complaint, answer, motion, brief or other paper filed with the court must, in a clear and plain factual statement, disclose that AI has been used, and certify that each and every citation to the law or the record has been independently verified as accurate.

Question 19

How do I file an emergency motion in probate?

Accepted Answer

You file the motion in the normal way, and then you tell the judicial assistant it exists. Nothing about e-filing flags a matter as urgent, so an emergency motion that is only e-filed sits in the queue with everything else. The sub-divisions describe the same two-step process in slightly different words. One instructs that where you have filed a motion "which should contain a detailed explanation of the circumstances of the emergency" and believe it needs emergency consideration, you email a copy to the judicial assistant "to alert the Court that there is a Petition or Motion for emergency consideration." Another simply directs you to email the division address to alert the court to a matter needing emergency consideration. On the guardianship side the requirement is put more strictly: the body of the motion "must contain a detailed explanation of the circumstances constituting the emergency as well as the substance of the motion." What happens next is the judge's call. The court may require a proposed order, may direct that a hearing be set, or may set one on its own. Once it does, " ll parties shall make themselves available for the emergency hearing, barring exigent

Question 20

What does "ex parte" mean on an Orange County probate calendar?

Accepted Answer

Not what it means in general civil practice, and the difference catches people out. On the probate calendar an ex parte hearing means an uncontested matter — one that is not a routine pleading the judge signs without a hearing, but that nobody is fighting about. It does not mean a hearing held without notice to the other side. Ex parte and short matters must still be confirmed with the judicial assistant, and the substantive prohibition on one-sided communication with the judge is untouched: every party gets copied on every email to the judicial office. If a matter you set as ex parte turns out to be contested, expect it to come off the short-matters calendar and be reset with time for argument.

Question 21

Is my Orange County probate hearing recorded?

Accepted Answer

No. The Ninth Circuit digitally records guardianship and mental health hearings. Probate hearings are not recorded. If you want any possibility of an appeal, you must hire and pay for a private court reporter yourself. This is the most consequential thing on this page, and almost nobody explains it before the hearing rather than after. The rule. Without a record of the proceedings, an appellate court cannot resolve the underlying factual issues and cannot conclude that the trial judge misapplied the law. The judgment is affirmed. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979). Applied in the precedent that binds Orange County. The appealing party carries the burden of providing a record adequate to demonstrate reversible error, and the trial court is presumed to have ruled correctly without one. Poling v. Palm Coast Abstract & Title, Inc., 882 So. 2d 483, 484 (Fla. 5th DCA 2004); Lanford v. Phemister, 338 So. 3d 1049, 1055 (Fla. 5th DCA 2022); see also Hirsch v. Hirsch, 642 So. 2d 20 (Fla. 5th DCA 1994). On these exact facts. In Chirino v. Chirino, 710 So. 2d 696, 697 (Fla. 2d DCA 1998), "the record contain no transcript of the final hearing because no

Question 22

Does the court provide an interpreter?

Accepted Answer

Not for probate. The Ninth Circuit provides court interpreters for guardianship and mental health cases. A party who needs interpretation at a probate hearing must arrange and pay for a private certified interpreter.

Question 23

Do I need an attorney to file probate in Orange County?

Accepted Answer

Florida Probate Rule 5.030(a), as amended effective 1 October 2026, provides that "every guardian and every personal representative, unless the personal representative remains the sole interested person, must be represented by an attorney admitted to practice in Florida." The rule adds that a guardian or personal representative who is himself or herself an attorney admitted to practice in Florida may self-represent. Three points of precision matter here: "Sole interested person" is not "sole beneficiary." An interested person is anyone who may reasonably be expected to be affected by the outcome of the proceeding — a creditor can defeat the exception. "Admitted to practice in Florida" is not the same as membership in The Florida Bar. A suspended or inactive member is not admitted to practice. The exception applies only to personal representatives. Every guardian must be represented by Florida counsel, with no sole-interested-person exception at all. Because a summary administration appoints no personal representative, Rule 5.030(a) does not by its terms compel counsel for a summary administration petitioner, and the same is true of an applicant for disposition without

Question 24

Is there free legal help at the Orange County Courthouse?

Accepted Answer

Not for probate. The Clerk's Self-Help Center covers family law, small claims and residential eviction cases only, and its "Ask A Lawyer" consultations are limited to the same subject areas. Orange County probate filers have no free clerk help desk, and the circuit lists no public law library.

Question 25

Which Florida probate deadlines cannot be extended?

Accepted Answer

Some probate deadlines are set by rule, and a judge can enlarge them for excusable neglect. Others are set by statute, and no judge can. The distinction is invisible on the face of a calendar, and it is where most rights are lost. Right Deadline Extendable? Surviving spouse's election to take a one-half interest in homestead instead of a life estate · § 732.401(2) 6 months after death, during the spouse's lifetime No cure Objection to the validity of the will, venue, or jurisdiction · § 733.212(3) 3 months after service of the notice of administration Forever barred Elective share · § 732.2135 Earlier of 6 months after service of the notice of administration, or 2 years after death For cause Petition to determine exempt property · § 732.402 Later of 4 months after service of the notice of administration, or 40 days after termination of any proceeding involving the construction, admission to probate, or validity of the will Limited Family allowance · § 732.403 During administration; "a reasonable allowance in money out of the estate for their maintenance," not to exceed a total of $18,000 Limited Disclaimer of an interest · ch. 739 9 months Limited Written demand under

Question 26

How long do creditors have to file a claim?

Accepted Answer

Three months from the first publication of the notice to creditors, or thirty days from being served — whichever is later. But that period never starts at all against a known creditor who was never served, and personal representatives are caught by this regularly. Source: § 733.702(1), Fla. Stat. In 2015 the Florida Supreme Court resolved a conflict among the district courts on exactly this point. Where a creditor is known or reasonably ascertainable and is never served with a copy of the notice to creditors, publication alone does not bar the claim — the limitations period simply never begins to run. The only bar available against such a creditor is the two-year statute of repose that runs from the date of death regardless of publication. Jones v. Golden, 176 So. 3d 242 (Fla. 2015); § 733.710, Fla. Stat. Two exceptions to the two-year bar are worth knowing: it does not apply to a creditor who filed a timely claim within two years and whose claim has not been paid or otherwise disposed of, and it does not affect the lien of a duly recorded mortgage or security interest or the right to foreclose it. The practical consequence for a personal representative is uncomfortable.

Question 27

Does Florida homestead go through probate?

Accepted Answer

No. Protected homestead passes to the surviving spouse or heirs at the moment of death, outside the probate estate. Neither letters of administration nor an order determining homestead is required to pass title. The Florida Supreme Court has put it plainly: homestead property, whether devised or not, "passes outside of the probate estate. Personal representatives have no jurisdiction over nor title to homestead, and it is not an asset of the testatory estate." McKean v. Warburton, 919 So. 2d 341, 346–47 (Fla. 2005). The Fifth District — whose decisions bound Orange County courts when they were rendered and continue to bind them in the Sixth District — has held the same. "No such order is required to pass title to persons entitled to homestead property, nor is a personal representative's deed required." Clifton v. Clifton, 553 So. 2d 192, 194 & n.3 (Fla. 5th DCA 1989). And an order determining homestead status "does not create new rights"; it confirms rights that already exist. Mullins v. Mullins, 274 So. 3d 513, 516–17 (Fla. 5th DCA 2019); see also Lanford v. Phemister, 338 So. 3d 1049, 1052–53 (Fla. 5th DCA 2022). Sources: Art. X, § 4(b), Fla. Const.; §§ 732.401(1),

Question 28

Then why does everyone tell me I need a probate order to sell it?

Accepted Answer

Because of the closing table, not the law. Title insurers generally will not insure a sale of inherited homestead without a court order determining protected homestead status under Fla. Prob. R. 5.405, because that order gives the underwriter a judicial determination of whether the property qualifies, who holds which interest, and who must sign. Requirements vary by underwriter — ask yours early, before a contract is signed. So both things are true at once: no order is legally required to pass title, and you will very likely need one to close. A Rule 5.405 proceeding is permissive — "an interested person may file a petition" — and the resulting order must describe the property, determine whether any of it was protected homestead, and identify by name the persons entitled and the interest of each.

Question 29

Can the personal representative sell the homestead?

Accepted Answer

No — not even under a broad power of sale in the will. Section 733.608(1) makes all of the decedent's property "except the protected homestead" an asset in the personal representative's hands. Section 733.608(2) does let a personal representative take possession of property that reasonably appears to be protected homestead — but only where it "is not occupied by a person who appears to have an interest in the property," and only "for the limited purpose of preserving, insuring, and protecting it." It confers no power to sell. Harrell v. Snyder, 913 So. 2d 749, 752 (Fla. 5th DCA 2005). There is one exception. Where the testator specifically directs in the will that the homestead be sold and the proceeds divided, the property loses its protected character. McKean, 919 So. 2d at 347; Knadle v. Estate of Knadle, 686 So. 2d 631, 632 (Fla. 1st DCA 1996). The same principle applies to homestead held in a revocable trust: "unless the trust specifically directs that the freely devisable homestead be sold, the rights of the heirs attach at the death of decedent, and the property is protected from the claims of all creditors." Engelke v. Estate of Engelke, 921 So. 2d 693, 697 (Fla. 4th

Question 30

How do I sell a house in probate in Orange County?

Accepted Answer

Start by working out which kind of house it is, because the answer splits cleanly in two. If it is protected homestead, the section above governs and the personal representative cannot sell it. If it is not — a rental, a second home, a property the decedent did not occupy as a residence — then selling a probate house in Orange County, FL turns entirely on what the will says about a power of sale. If the will confers no power of sale — or the estate is intestate — the personal representative may still sell, but no title passes until the court authorizes or confirms the sale. If the will confers a specific power to sell or a general power to sell any asset, the personal representative may sell without court authorization and no showing of necessity is required. The court order is worth more than a formality. A purchaser under a specific power of sale or a court order authorizing or confirming the sale takes free of the claims of estate creditors and the entitlements of estate beneficiaries; existing mortgages and liens are unaffected. Any sale to the personal representative, or to that person's spouse, agent or attorney, or to a corporation or trust the representative

Question 31

What if someone will not cooperate with the personal representative?

Accepted Answer

Florida changed this materially on 1 July 2026, and the change has not filtered into most published guidance yet. Chapter 2026-57 built a complete enforcement mechanism out of four moving parts. A personal representative may now invoke the court's jurisdiction "to enforce the authority of a personal representative conferred by this code" (§ 733.603), and may institute such a proceeding without a court order (§ 733.612(28)). If the personal representative prevails, the court shall award taxable costs including attorney fees — and may direct payment "from any person whose action or inaction necessitated the enforcement proceeding" (§ 733.6125). The personal representative's own attorney may bill that involvement as an extraordinary service (§ 733.6171(4)(l)). The Florida Supreme Court then classified such a proceeding as an adversary proceeding, which means formal notice and the Rules of Civil Procedure. Fla. Prob. R. 5.025(a)(14). In plain terms: a beneficiary or third party who stonewalls a personal representative can now be ordered to pay that representative's legal fees personally.

Question 32

What happens at mediation in an Orange County probate case?

Accepted Answer

First, the part nobody tells you: the Ninth Circuit's own mediation program does not serve probate. Its Dispute Resolution Services office in Suite 130 of the Orange County Courthouse runs court-connected mediation for small claims, county civil cases, contested family matters and residential evictions, at fees ranging from nothing to $120 per party. Probate, guardianship and trust cases are not on that list. A probate mediation in Orange County is a private mediation with a mediator the parties select and pay for at market rates. That surprises people who assume the courthouse mediator who handled their eviction is available for their mother's estate. They are two different systems.

Question 33

Can the judge order me to mediate a probate dispute?

Accepted Answer

Yes, for a contested matter. The route runs through the adversary-proceeding rule. Fourteen categories of probate proceeding are adversary proceedings unless the court orders otherwise — among them a will contest, revocation of probate, removal or surcharge of a personal representative or guardian, determination of beneficiaries, construction or reformation of a will, elective share amount and contribution, and, since 2026, a proceeding to enforce a personal representative's authority. Once a proceeding is adversary, " he Florida Rules of Civil Procedure govern, except for rule 1.525." That carries the mediation rules in with them, and a Florida court may refer all or any part of a filed civil action to mediation. Sources: Fla. Prob. R. 5.025(a), (d)(2); § 44.102(2), Fla. Stat.; Fla. R. Civ. P. 1.700. A matter that is not an adversary proceeding can still be mediated — the parties can simply agree to it, and in an estate where the fight is about money rather than validity, that is often the cheaper path.

Question 34

Is what I say at probate mediation confidential?

Accepted Answer

Yes, and the protection is statutory rather than a matter of courtesy. " ll mediation communications shall be confidential," and a participant may not disclose a mediation communication to anyone other than another participant or a participant's counsel. A party also "has a privilege to refuse to testify and to prevent any other person from testifying in a subsequent proceeding regarding mediation communications." Separately, written communications in a mediation proceeding — other than an executed settlement agreement — are exempt from Florida's public records law. Sources: §§ 44.405(1), (2), 44.102(3), Fla. Stat. The executed settlement agreement is the deliberate exception. What you sign is enforceable and can be filed; what you said getting there is not.

Question 35

Does the Orange County probate court expect me to mediate before trial?

Accepted Answer

It asks. When a contested probate matter is set for trial in the sub-division with the most detailed published procedures, the notice for trial must state whether the parties have attended mediation and, if so, the date. Mediation is not a stated precondition to getting a trial date — but you will be asked to account for it in writing, in front of the judge who will try the case. Practically, that is the moment to have an answer. Estates settle at mediation far more often than they are tried, and a contested Orange County estate that reaches a trial date without a mediation date behind it is an estate whose administration costs are about to exceed what anyone is arguing over.

Question 36

Where do I record a probate deed or an order determining homestead?

Accepted Answer

Not at the Clerk of Courts. In Orange County, deeds, judgments and orders are recorded by the Comptroller's Official Records Department at 109 E. Church Street, Suite 300, Orlando — a different office in a different building from the probate counter. In most Florida counties the Clerk of the Circuit Court is also the county recorder. Orange County's charter splits the two functions, which is why people arrive at 425 N. Orange Avenue with a deed and are sent away.

Question 37

Can I serve as personal representative if I live out of state?

Accepted Answer

Only if you fall within one of four relationships. A person not domiciled in Florida cannot qualify as personal representative unless the person is: a legally adopted child or adoptive parent of the decedent; related by lineal consanguinity to the decedent; a spouse, or a brother, sister, uncle, aunt, nephew or niece of the decedent, or someone related by lineal consanguinity to any such person; or the spouse of a person otherwise qualified. Source: § 733.304, Fla. Stat. The list is broader than people expect — it reaches adoptive parents, aunts and uncles, nieces and nephews, and the spouses of qualifying relatives. A nonresident who fits one of these categories does not separately need to satisfy the Florida-residency requirement in § 733.302; § 733.304 is the alternative route. But a qualifying nonresident must still not be disqualified: a person is ineligible who has been convicted of a felony, has been convicted in any jurisdiction of abuse, neglect or exploitation of an elderly person or disabled adult, is mentally or physically unable to perform the duties, or is under 18. Source: § 733.303(1), Fla. Stat. An out-of-state personal representative should also expect the

Question 38

What is a restricted depository in the Ninth Circuit?

Accepted Answer

A restricted depository is a bank, trust company or savings and loan designated by the court to hold estate personal property, releasable only on court order. The name suggests an asset freeze imposed on a fiduciary who is not trusted. That is not what the statute is. It is an alternative to a bond — and in a decedent's estate it is one the fiduciary can walk out of at will. The court may order property placed with a designated institution where, in its judgment, it is expedient to do so "because the size of the bond required of the officer is burdensome or for other cause." Consideration is given to an institution the fiduciary proposes. The institution has 15 days to accept or reject the designation and is entitled to a reasonable amount for its services. Then comes the sentence that almost never appears in guidance written for Florida estates: "Notwithstanding the foregoing, in probate proceedings and in accordance with s. 733.402, the court shall allow the officer at any time to elect to post and maintain bond for the value of the personal property, or such other reasonable amount determined by the court, whereupon the court shall vacate or terminate any order establishing

Question 39

Where do Orange County probate appeals go?

Accepted Answer

To the Sixth District Court of Appeal, which sits in Lakeland, Polk County. The Sixth Appellate District comprises the Ninth, Tenth and Twentieth Judicial Circuits and began hearing cases on 1 January 2023. Before that, Ninth Circuit appeals went to the Fifth District — which is why so much of the older guidance is wrong. Sources: §§ 35.044, 35.05, Fla. Stat. Not every probate order can be appealed. Appeals in probate and guardianship cases are limited to orders that finally determine a right or obligation of an interested person, except for certiorari and non-final appeals. The rule lists twenty-five categories of qualifying orders — a non-exhaustive list — including orders that revoke letters of administration, revoke probate of a will, determine heirship or entitlement, remove or refuse to remove a fiduciary, determine exempt property or the homestead status of real property, authorize or confirm a sale of property, settle a fiduciary's account, discharge a fiduciary, or grant or deny attorney's fees. Source: Fla. R. App. P. 9.170. The deadline is short and the Sixth District enforces it. In 2026 it dismissed an appeal from an amended order of summary administration and

Orange County probate court address (where you file)	Orange County Clerk of Courts, Probate Division Orange County Courthouse, 425 N. Orange Ave., Suite 335, Orlando, FL 32801
Mailing address	425 N. Orange Ave., Suite 350, Orlando, FL 32801 — a different suite from the counter
Orange County probate court phone number	(407) 836-2057 — the Orange County probate clerk phone number for the Probate Division
Counter hours	Monday–Friday, 7:30 a.m. – 4:00 p.m.
Phone hours	Monday–Friday, 8:00 a.m. – 12:00 p.m. only
Division	Division 5 — Probate, Guardianship, Mental Health and Trusts, with three judge sub-divisions (01, 02 and 09)
E-filing	Florida Courts E-Filing Portal, myflcourtaccess.com
Orange County probate case search	Orange County Clerk of Courts online records portal — free public access, no registration for non-confidential filings
Orange County probate forms and checklists	No county form set for the core petitions; four mandatory Ninth Circuit certification checklists — see below
Recording deeds and orders	Orange County Comptroller, Official Records Department, 109 E. Church St., Suite 300, Orlando, FL 32801 — not the Clerk
Appeals	Sixth District Court of Appeal, Lakeland, Polk County

Orange County Florida Probate Court

Orange County probate court: address, hours and contacts