Orlando Probate Lawyer

Probate transfers assets that were owned in the deceased person's sole name with no beneficiary attached. Not every estate needs full probate. Assets generally pass outside probate when they have:

• a named beneficiary (life insurance, retirement accounts, payable-on-death or transfer-on-death accounts);
• joint ownership with right of survivorship; or
• title held in a revocable living trust.

What is left in the decedent's name alone is what probate exists to handle. If that includes Florida real estate or accounts without beneficiaries, some form of administration is usually required.

Florida has two main paths, and the right one depends on the size and age of the estate.

Summary administration is the shorter route. It is generally available when the value of the non-exempt assets is $75,000 or less, or when the person has been deceased for more than two years. There is no personal representative appointed; the court enters an order distributing assets directly. It is faster and less expensive when it fits.

Formal administration is the full process for larger or more complex estates. The court appoints a personal representative (what other states call an executor) who is given authority to act, gather assets, handle creditors, and distribute the estate. Most estates with significant Florida real estate or assets over the summary threshold go this route.

For very small estates, disposition without administration can sometimes reimburse final expenses without a formal case at all. Clyde will tell you which path your situation actually calls for.

If you have been named personal representative, you are a fiduciary, legally responsible for handling the estate correctly. The core duties include:

• opening the estate and being formally appointed by the court;
• identifying, gathering, and valuing the estate's assets;
• publishing and serving a Notice to Creditors, then reviewing and paying valid claims within the claim period;
• filing required documents with the Orange County Clerk (or the appropriate county) and the court;
• paying valid debts and any taxes; and
• distributing what remains to the beneficiaries and closing the estate.

Mistakes can create personal liability, which is why most personal representatives work with a probate attorney. Clyde handles the filings and deadlines so you can focus on your family.

A straightforward formal administration commonly runs about six months to a year, driven in part by the creditor claim period that has to run before the estate can close. Summary administration is usually faster. Contested matters can take longer: a will challenge, a creditor dispute, or a disagreement among beneficiaries. Clyde sets realistic expectations up front and works to keep things moving.

Sometimes the estate is not the hard part; the people are. Florida law allows a will to be challenged on grounds such as undue influence, lack of capacity, fraud, or improper execution. These disputes are emotional and fact-intensive, turning on documents, witnesses, and timelines. Clyde represents personal representatives and beneficiaries in will contests and related litigation, working toward resolution while protecting your rights in probate court.

If a loved one lived in another state but owned property in Florida (a vacation home, a condo, an investment), that Florida property typically requires ancillary administration here, even if the main estate is being handled elsewhere. Because Clyde is licensed in both Florida and South Carolina, families dealing with property in both states do not have to coordinate two separate lawyers.

You will work with Clyde directly. He handles intake, the filings, and the court appearances personally, with clear updates so you always know where things stand. The initial 30-minute consultation is free, and for families navigating loss, that means straightforward answers without pressure.