Where the Orange County Probate Court Actually Sits
Orange County probate is heard in the Ninth Judicial Circuit, at the Orange County Courthouse at 425 N. Orange Avenue in Orlando, with the Probate Division in Suite 335. Filings go through the Orange County Clerk of Courts.
The Probate Division asks filers not to send Social Security, bank, or credit-card numbers through its portal, which is worth remembering when you are attaching account statements to a petition or an inventory.
The probate counter is at 425 N. Orange Avenue, Suite 335, Orlando, FL 32801, Suite 335, Monday to Friday, 7:30 a.m. to 4:00 p.m., with the phone answered 8:00 a.m. to noon, 407-836-2057. The original will is deposited here within 10 days of learning of the death, at no charge, with a $6.00 receipt optional, and the division asks filers not to send Social Security, bank, or credit-card numbers through its portal. Deeds and official records are recorded at the Orange County Comptroller, not the Clerk.
- The clerk’s probate page for Orange County
- Ninth Judicial Circuit judges directory
- Administrative orders of the Ninth Judicial Circuit
- Local probate forms and checklists
One thing worth settling before you go any further. The case belongs in the county where the person was domiciled when they died, and Florida law fixes that rather than letting anyone choose it. If your mother lived in Orange County, her estate is a Orange County case, even if you live in another state and even if a different courthouse would be more convenient for everyone involved. It is the county that decides, not the town, so estates from Orlando, Winter Park, Apopka, Ocoee, Winter Garden, Maitland, and Belle Isle are all Orange County cases filed with the same clerk. Which division or section then hears the case is a separate question, and the next section answers it.
Parking and Coffee on the Way to the Courthouse
The parking garage is on the north side of the courthouse complex, with entrances off Magnolia Avenue and Orange Avenue, at $2.00 an hour and a $15.00 daily maximum. The building is open Monday to Friday, 7 a.m. to 5 p.m. The court keeps its own parking and directions page.
If you are dropping off an original will or sitting through a morning calendar, coffee within a short walk is Stemma Craft Coffee at 328 N. Orange Avenue, Orlando 32801, about a two-minute walk south on Orange Avenue from the public entrance. Stemma opens at 7 a.m. every day. Craft & Common at 47 E. Robinson Street is the second choice, about four minutes away.
Which Judges Hear Probate Cases in Orange County?
Probate cases in Orange County are heard by the judges the chief judge assigns to the division, and the circuit publishes who they are. Knowing who has the division tells you whose procedures apply to your hearing, and how long a judge has had it tells you how settled those procedures are.
- Mark S. Blechman, Division 5, subdivision 1, Orange County Courthouse, Courtroom 19-C, assigned 2023 (the judge’s own page on the circuit site, which lists 2023 to 2026, as the circuit publishes no division assignment order).
- Heather L. Higbee, Division 5, subdivision 2, and Associate Administrative Judge for Probate, Thomas S. Kirk Justice Center, Courtroom 1, assigned 2024 (the judge’s own page on the circuit site, which lists 2024 to 2026, as the circuit publishes no division assignment order).
- Greg A. Tynan, Division 5, subdivision 9, Thomas S. Kirk Justice Center, Courtroom 5 (the circuit’s judges directory and his May 15, 2026 procedures, not an assignment order. ⚠️ Checked again September 17, 2026: the circuit’s own Judicial Assignment chart on his profile still ends at "2025-2026 Circuit Judge, Circuit Criminal" and carries no probate row, while the location block on the same page reads Thomas S. Kirk Justice Center, Probate, Guardianship, and Mental Health. The chart lags the move, so no assignment date can be taken from it).
The circuit’s judicial directory is the source, read on September 15, 2026. Assignments rotate, usually at the start of a calendar year, so check it before a hearing.
How Busy the Orange County Probate Court Is
The state court system counts every petition filed in the circuit probate division, and the FY 2024-25 figures for Orange County are 2,995 probate filings, 660 guardianship filings and 6 trust filings, plus 2,582 Baker Act and Marchman Act cases that the same division carries. The division closed 3,193 probate cases in the same year. Spread across 3 judges, that is about 998 new probate cases per judge a year, which is the number behind how long an uncontested order takes to get signed.
| Case type | Filed | Closed |
|---|---|---|
| Probate | 2,995 | 3,193 |
| Guardianship | 660 | 576 |
| Trusts | 6 | 15 |
| Baker Act and Marchman Act | 2,582 | 2,490 |
| Whole division | 6,243 | 6,274 |
Statewide the probate column was 73,282 filings against 141,166 for the whole division in FY 2024-25, so more than a third of what a Florida probate judge signs has nothing to do with an estate. The figures come from the Office of the State Courts Administrator's Statistical Reference Guide, chapter 6, and the next fiscal year's edition usually appears the following autumn.
When the Orange County Courthouse Is Closed
Florida sets nine paid state holidays by statute, and a circuit may close on more. The Orange County courthouse follows the Ninth Judicial Circuit calendar, which adds Yom Kippur, Thanksgiving, Christmas Eve, New Year's Eve, Good Friday, Rosh Hashanah, Day before Christmas holiday and Day after Christmas holiday to the statutory nine. The practical point is simple. E-filing accepts a document at any hour, but nothing is reviewed, docketed or signed on a day the courthouse is dark, so a petition filed the night before a closure sits until the next business day, and a deadline counted in days runs on regardless.
| Date | Closed for |
|---|---|
| Monday, September 21, 2026 | Yom Kippur |
| Wednesday, November 11, 2026 | Veterans' Day |
| Thursday, November 26, 2026 | Thanksgiving Day |
| Friday, November 27, 2026 | Thanksgiving Holiday |
| Thursday, December 24, 2026 | Christmas Eve |
| Friday, December 25, 2026 | Christmas Day |
| Thursday, December 31, 2026 | New Year's Eve |
| Friday, January 1, 2027 | New Year’s Day |
| Monday, January 18, 2027 | Martin Luther King Jr. Day |
| Friday, March 26, 2027 | Good Friday |
There is one caution about counting. A Florida deadline stated in days does not pause for a holiday in the middle of it, and only the last day matters. When the final day of a period falls on a Saturday, a Sunday or a legal holiday, the period runs to the end of the next day that is none of those. The circuit posts the calendar on its court holidays page, read on September 17, 2026, and it publishes the following year well in advance.
How a Case Gets Filed in Orange County Today
Florida runs one statewide electronic filing system, the Florida Courts E-Filing Portal, and every circuit court in the state receives filings through it. Attorneys have no choice about it. The rule says attorneys must file through the portal, and no other method is permitted except in the narrow situations the rule itself lists.
A self-represented person is in a different position, and this is the part almost nobody is told. You may elect to register for the portal and file electronically, or you may hand or mail paper to the clerk, who converts it to electronic format for the official court file. Both routes are proper and both land in the same queue. One caution rides along with the choice. Once you elect to file electronically, you cannot go back to paper without the court’s permission.
Registering costs nothing and filing itself costs nothing. What you pay is the statutory filing fee for the case, plus a payment convenience fee that depends on whether you pay by card or by electronic check.
The practical consequence is that a Orange County estate does not require anyone to be in Florida. An out-of-state family can open, run, and close a case from a kitchen table in another state, because the filings, the notices, and the proposed orders all move electronically. The exceptions are physical documents, and there are only a few of them.
Orange County probate is centralized in the Probate Division at the downtown Orlando courthouse, so there is no branch-courthouse question to work out. The friction here is documentary rather than geographic, which is why the attachment list matters more than the address.
Are Orange County Probate Hearings Remote?
Probate hearings in Orange County can be held remotely on WebEx, and the division decides which matters must be in person. Divisions 2 and 9 keep standing WebEx rooms at https://ninthcircuit.webex.com/meet/2orange and https://ninthcircuit.webex.com/meet/9orange, and a remote appearance there is requested at least five days before the hearing if it was not settled at scheduling, with hearings of 30 minutes or less the ones eligible to be designated virtual. Division 1 supplies its WebEx link through the judicial assistant, holds every evidentiary hearing in person, and does not delay a hearing for a party’s technical difficulties. Hearing time in all three comes from the judicial assistant by email, and Division 1 also posts its open time on aiCalendar.
The division’s remote hearing instructions carry the current links and the dress and conduct rules, which judges enforce on camera exactly as they do in the room.
Where the Original Will Goes
Here is the rule that catches almost everyone, and it is stricter than families expect. Whoever is holding the original will has to deposit it with the clerk of the court that has venue over the estate, within 10 days of receiving information that the person has died. Read that trigger carefully. The clock does not start at the death, it starts when the custodian learns of the death, and the duty belongs to that custodian personally. It does not wait for a lawyer, it does not wait for the family to agree on anything, and it applies whether or not anybody intends to open a probate case. When the will goes in, the clerk also wants the date of death or the last four digits of the deceased person’s Social Security number.
The original itself travels on paper. Whatever a county does about an electronic copy, the physical document has to reach the clerk, and how it gets there is settled county by county rather than statewide. The Ninth Circuit adds a step on top of the deposit. A Notice Regarding Original Will has to be filed at the opening of an estate, so the docket shows what became of the will rather than leaving the court to go looking for it.
Three things families routinely get wrong here are worth naming. Depositing the will is not probating it, so handing the original to the clerk does not open an estate, does not appoint anyone, and does not make you responsible for the debts. It is a filing, not a job. A copy is not a substitute either, because a court can admit a lost or destroyed will but proving one is a separate proceeding with a heavier burden, which is a poor trade for a document that could have been walked to a counter. And sitting on a will is a genuinely bad idea. A custodian can be compelled to produce it, and where the court finds there was no just or reasonable cause for holding it back, Florida awards costs, damages, and a reasonable attorney fee against that person personally.
Two small mercies. If the original goes in attached to the petition, Florida treats it as deposited, so it is not a second errand. And once the clerk has it, the original is kept in its original form for at least 20 years whether or not it is ever admitted to probate. Scanning a will does not replace it.
Which Forms You Actually Need
The honest answer surprises people, so here it is plainly. Florida has an official statewide form set for family law, approved by the Supreme Court and free for anyone to use. It has never built the same thing for probate. The state’s own self-help service says as much, telling visitors that it does not provide any forms related to the probate process and to ask a lawyer which form is needed.
So when you search for the Orange County probate forms, you are looking for something that does not exist as one official packet, which is why the results are a scatter of clerk pages, circuit pages, and companies selling you a template. What actually controls comes from three layers, and you need all three.
- The Florida Probate Rules, which prescribe contents rather than forms. The rule on the petition for administration lists eleven things the petition must state, from the decedent’s domicile to whether the proposed personal representative has been convicted of a felony. A document that satisfies the rule is legally sufficient even if it looks nothing like anyone’s template. The rules do carry a small set of forms of their own, but they are almost entirely guardianship forms, and the rules say outright that those forms are not intended to be part of the rules and are provided for convenience only. The one decedent-estate form actually written into the probate rules is the oath of the personal representative.
- The practitioner form set. Most Florida probate documents you will ever see are built from a numbered probate form set published by a private nonprofit and sold commercially. Lawyers treat it as the standard. It is not court-approved, and nothing obliges a court to accept it.
- The local layer, which is the one that rejects you. The Ninth Circuit names its requirements in administrative orders and enforces them by rejection. A Notice Regarding Original Will is required at the opening of an estate other than an ancillary administration, a notarized Affidavit of Heirs is required in every intestate case, and the matching certification checklist has to arrive with every proposed order in an estate administration. A proposed order that shows up without its checklist may simply be rejected.
So start at the bottom of that list rather than the top. The circuit and the clerk publish what they want on their own forms and checklists page, and half an hour there before you draft anything is the cheapest half hour in the case.
The Administrative Orders That Govern Probate in Orange County
Each circuit adds its own layer on top of the Florida Probate Rules through administrative orders signed by the chief judge and the procedures each division publishes, and that layer is where a petition gets rejected. These are the orders that govern probate practice in Orange County as of September 15, 2026.
- AO 2021-24, Notice Regarding Original Will (October 19, 2021). A Notice Regarding Original Will is filed with the opening of any estate except an ancillary administration, so the Clerk can link the deposited will to the case, and a filing without it may be rejected.
- AO 2022-08, Affidavit of Heirs (July 25, 2022). Every intestate probate case in the circuit files a notarized Affidavit of Heirs, unless the court waives it on petition or motion.
- AO 2021-09-05, Probate Certification Checklists, amended (October 31, 2022). A proposed order in an estate administration arrives with the matching certification checklist, for opening a formal administration, closing one, a summary administration, or a homestead determination, or it may be rejected. The three division procedure documents cite this order as 2021-09-54, which is a typo for the same order.
- AO 2022-09, Order Governing the Assignment of Cases Involving Trusts (August 15, 2022). A new trust case with no pending estate administration behind it, including trustee removal and a suit by or against a trustee, goes to the Civil Division, and a trust case tied to a pending estate goes to the Probate Division.
The division also publishes its own procedures, last revised May 15, 2026 for Division 9, with Divisions 1 and 2 revised in April 2026, and the points a filer most needs are these.
- Each of the three subdivisions posts its own Judicial Practices and Procedures, linked from the judge’s entry in the directory, and every communication to a judicial office goes by email to the division mailbox, 1orange@, 2Orange@ or 9orange@ninthcircuit.org, with the case number and the case name in the subject line.
- Division 1 publishes all of its available hearing time on aiCalendar, and the judicial assistant has no time that is not listed there. A hearing request is then emailed in the division’s seven-item format with opposing counsel copied. Divisions 2 and 9 have no uniform motion calendar and set hearings by email to the judicial assistant. In all three, a request for more than one hour needs the judge’s approval.
- Proposed orders are emailed to the division mailbox only after the petition or motion is docketed, and in an estate administration only with the matching Probate Certification Checklist, using the version on the division page and no older one.
- An emergency motion is emailed to the division with the emergency stated, and if the court agrees it is one, the court may set the hearing on its own.
The full procedures are on the court’s site, and they change more often than the statutes do.
The Checklist for Opening an Estate in Orange County
This is the sequence for a formal administration, which is the full version. A smaller estate skips most of it, and the section after this one covers that. Each step below happens in this order for a reason, because the later ones depend on the earlier ones being done.
- Order certified death certificates. The funeral home usually orders them and will ask how many you want. Ask for more than feels sensible, often five to ten, because the court, each bank, each insurer, and the property records all want their own certified copy, and reordering later is slow.
- Find the original will and deposit it with the clerk. The 10-day clock runs from when the custodian learns of the death, not from when anyone files anything, and it is the one deadline that can already be running while the family is still planning a funeral. Where the original goes in Orange County is above, and it is never just a matter of uploading it.
- Decide which kind of administration the estate needs. Formal administration is the default. Summary administration and disposition without administration are lighter and cheaper, and they are worth ruling out before you file anything, because you cannot un-file a formal case cheaply.
- Confirm the county. Venue follows the decedent’s domicile at death, or for someone who lived out of state, a county where they owned property. This is one of the few things in probate that is genuinely hard to fix later.
- Prepare and e-file the petition for administration, with the local extras. The petition is verified, meaning signed under penalty of perjury, and it has to name every interested person, which is the line that most often comes back to bite an estate later. File it with whatever Orange County adds on top, because that is what a rejection is usually about. The filing fee is $400.
- File the oath, the address designation, and the designation of resident agent. All three are due before letters issue. The oath is a sworn promise to faithfully administer the estate, and the appointment rests on it. The address designation puts the representative’s street and mailing address on the record. The resident agent designation, signed by the agent accepting the job, is required unless the representative is a corporate fiduciary with a Florida office or a Florida Bar member who lives and keeps an office in Florida, which in practice means nearly every family representative files one and the attorney usually is the agent. These can be folded into the petition or the oath rather than filed separately.
- Get the order and the letters of administration. Once the petition is in and the will is admitted, the court appoints the representative, sets or waives bond, and confirms the oath and resident agent papers are on file. Letters of administration then issue, and the letters are the thing that carries weight in the outside world. Order roughly ten certified copies at once, because banks, brokerages, and title companies each keep one and many will not accept letters more than 60 to 90 days old.
- Get an estate tax identification number and open the estate account. This comes right after the letters and before anything else useful can happen, because no bank will open an account for the estate without both.
- Serve the notice of administration. Florida says promptly rather than naming a day count. It goes to the surviving spouse, the beneficiaries, anyone who may be entitled to exempt property, and the trustee and qualified beneficiaries of certain trusts. Service starts a 3-month clock for the person served to challenge the validity of the will, the venue, or the court’s jurisdiction, and after that those objections are barred. That deadline is close to unextendable, because Florida allows an extension only for estoppel based on a misstatement by the personal representative about the deadline itself, and expressly not for failure to disclose information or for other misconduct. The clock also runs only against people who were actually served, so leaving someone off the list does not save time, it leaves the case open. The same notice starts a 4-month window to claim exempt property and a 6-month window for a surviving spouse to elect against the estate.
- Publish the notice to creditors, serve the ones you know about, and document the search. The notice runs in a newspaper in the county once a week for two consecutive weeks. An unknown creditor then has 3 months from the first publication, and a creditor who had to be served gets the later of that or 30 days from service. The representative has to make a diligent search for reasonably ascertainable creditors, though Florida does not demand an impracticable one, and a verified statement about that search goes in within 4 months of the first publication, with proof of publication filed within 45 days. One item gets missed constantly. If the person who died was 55 or older, a copy of the notice and a death certificate go to Florida’s Agency for Health Care Administration within 3 months of the first publication. And a reasonably ascertainable creditor who was never served keeps a claim for up to two years from the death.
- File the inventory within 60 days of the letters, then close the estate. The inventory lists each asset at its date-of-death value and is served on the residuary beneficiaries and the surviving spouse. After the creditor period runs and the claims are resolved, the estate distributes and the representative files a final accounting and a petition for discharge. Florida puts a real deadline on that too, generally within 12 months after the letters issued for an estate that files no federal estate tax return. A straightforward case runs 6 to 12 months from letters to discharge, and the creditor window is what sets the floor.
Not sure which of these steps your situation actually needs?
A free 30-minute consult sorts it in one call. We tell you which kind of administration fits, what it will cost, and whether you need us at all.
Book your free consultWhat It Costs to File in Orange County
These are the charges the clerk posts, not anyone’s legal fee.
| What you are filing | Posted charge |
|---|---|
| Formal administration | $400 |
| Summary administration, $1,000 or more | $345 |
| Summary administration, under $1,000 | $235 |
| Disposition without administration | $231 |
Posted August 2026. Fee schedules move, so confirm the current charge with the clerk before you file. The reason the number looks the same everywhere is that it is the same number. Florida law sets the base charge for opening a formal administration and adds a small statutory service charge on top, so the entire statewide spread across the ten largest counties is one dollar. Our county-by-county filing fee study has all ten posted schedules.
And then there is the number that dwarfs every line above. Florida publishes an attorney fee schedule that is presumed reasonable and scales with the size of the estate, and it is a ceiling the estate may agree to rather than a mandate. On a $100,000 estate the schedule calls $3,000 reasonable. That, not the clerk’s $400, is what probate costs a family. You can run your own numbers in the Florida probate cost calculator.
When the Estate Does Not Need All of This
Before you open a formal administration, rule out the three lighter paths, in this order.
- No probate at all. Only assets in the deceased person’s sole name with no other instruction go through probate. Life insurance and retirement accounts with a named beneficiary, pay-on-death bank accounts, jointly held property with survivorship, property in a funded trust, and a home that passed under a lady bird deed all move without a court case. Sometimes the whole estate turns out to be in that category. Our page on whether you need probate in Florida walks the test.
- Disposition without administration. For the smallest estates, with no real property and not much more than the final bills, whoever paid those bills can ask the clerk to release what is left. It is a request rather than a case, and it costs $231 here. See how disposition without administration works.
- Summary administration. Available when the probate estate is worth $150,000 or less after exempt property, a threshold raised from $75,000 on July 1, 2026, or when the person died more than two years ago. No personal representative is appointed, and the case can close in weeks rather than months. The summary administration guide has a short qualifier.
One warning about that last figure, because it will confuse you if you go looking. Florida publishes its statutes once a year, and the edition on the official statute site still shows the old $75,000 line. The increase to $150,000 is real, it came from a 2026 session law, and the probate rule on summary administration has already been amended to match. Check the rule rather than the posted statute until the new edition appears.
If none of the three fits, the estate needs a formal administration, and the checklist above is the map.
Doing It Yourself, and Where Families Stop
Florida does not require you to hire anyone to file a document. It does require something else, and this is where most families stop. Under the Florida Probate Rules, every personal representative has to be represented by an attorney admitted to practice in Florida unless the representative remains the sole interested person in the estate, or is a Florida-admitted lawyer appearing for himself or herself in that role. Those are the only exceptions. Read it as the practical test it is. One heir, nobody else with an interest, no creditors, and you may proceed alone. A second sibling, or a creditor, and the court expects counsel regardless of how well everyone is getting along.
The smaller paths are different. Disposition without administration is designed to be done without a lawyer, and clerks routinely help with it. Summary administration sits in between, simple on its face and easy to get wrong in ways that surface years later when someone tries to sell the house.
If you do want counsel for a Orange County estate, our probate attorney page for Orlando covers what we charge and how the remote process works. And if you would rather do it yourself, nothing on this page is holding anything back. Everything above is the actual sequence.
What Changed at the Orange County Probate Court This Year
Court practice changes without much announcement. These are the developments in the last year that affect a Orange County probate filer, each with its source.
- August 31, 2026. Clerk of Courts Tiffany Moore Russell resigned, and Chief Judge Munyon appointed Joyce Boudoin Clerk Ad Interim under AO 2026-08 until the Governor fills the vacancy, so the Clerk’s name on older guides is out of date. Source.
- May 15, 2026. Division 9 revised its Judicial Practices and Procedures, after Division 1 on April 16 and Division 2 on April 22, so the versions linked from the judges directory are the ones to follow. Source.
- April 21, 2026. The Governor appointed four judges to the circuit bench, Andrew Bain, Mark Skipper, Sonia McDowell, and Therese Savona, and none of the appointments went to the probate division, whose three judges are unchanged. Source.
Frequently Asked Questions
Where Is the Orange County Probate Court Located?
Orange County probate is heard in the Ninth Judicial Circuit, at the Orange County Courthouse at 425 N. Orange Avenue in Orlando, with the Probate Division in Suite 335. Filings go through the Orange County Clerk of Courts.
Can I File a Orange County Probate Case Myself?
You can file it. Whether you can run it is a different question. Florida requires attorneys to file through the statewide e-filing portal, and a self-represented person may elect to register for the portal too or may hand paper to the clerk, who converts it. But a Florida rule of probate procedure requires every personal representative to be represented by an attorney admitted to practice in Florida, unless the representative remains the sole interested person in the estate, or is a Florida-admitted lawyer appearing in that role. Those are the only exceptions. So if there is a second beneficiary, an heir, or a creditor, a formal administration is not a do-it-yourself case no matter how well everyone gets along. Disposition without administration, the smallest-estate path, is commonly done without a lawyer.
What Forms Do I Need to Open a Probate Case in Orange County?
There is no single official statewide probate packet, which is the honest answer nobody gives. Florida approves a statewide form set for family law and has never done the same for probate, and the state’s own self-help service says outright that it provides no probate forms. What controls instead is the Florida Probate Rules, which set out what each document has to contain rather than supplying a form, the practitioner set that a private nonprofit publishes and sells, and then the local layer. Orange requires a Notice Regarding Original Will at the opening, a notarized Affidavit of Heirs in every intestate case, and a certification checklist with every proposed order. That local layer is the part that decides whether a filing is accepted, and none of it is in the statute.
How Much Does It Cost to File Probate in Orange County?
The Orange County Clerk of Courts posts $400 to open a formal administration, $345 for a summary administration of an estate worth $1,000 or more, $235 for a summary administration under $1,000, and $231 for a disposition without administration. Those are government charges paid to the clerk. On top of them come the newspaper notice to creditors, certified copies, and the attorney fee, which is larger than all of the rest put together.
Do I Have to File the Original Will if Nobody Is Opening Probate?
Yes. Depositing the original will with the clerk is a duty that falls on whoever is holding it, and it does not wait for anyone to decide whether to open an estate. Florida gives the custodian 10 days from receiving information that the person has died, and the will goes to the clerk of the court that has venue over the estate, which is normally the county where the person lived. Depositing a will is not the same as probating it, and it does not make you responsible for the estate. It is a filing, not a job. Holding on to a will, on the other hand, has a price. A custodian can be compelled to produce it, and where there was no just or reasonable cause for the delay the court awards costs, damages, and a reasonable attorney fee against that person.
How Long Before the Personal Representative Can Actually Do Anything?
Nothing meaningful happens until letters of administration issue, and in a routine uncontested case that is usually a few weeks from filing. Until the letters exist, a bank will not release an account, a title company will not close on a house, and the person named in the will has no more authority than anyone else in the family. That gap is why the early paperwork is worth doing carefully the first time. A filing rejected for a missing local checklist does not cost you a form, it costs you the weeks.
Which Judges Hear Probate Cases in Orange County?
Mark S. Blechman, Heather L. Higbee and Greg A. Tynan sit in the probate division as of September 15, 2026, under the circuit’s assignment order. Assignments rotate, usually at the start of a calendar year, so confirm on the circuit’s judicial directory before a hearing.
How Many Probate Cases Does Orange County Handle a Year?
2,995 probate cases were filed in Orange County in FY 2024-25 and 3,193 were closed, on the state court system's count. The same division also took 660 guardianship cases and 2,582 Baker Act and Marchman Act cases.
Are Probate Hearings in Orange County Held Remotely?
They can be, on WebEx, and the division decides which matters must be in person. Divisions 2 and 9 keep standing WebEx rooms at https://ninthcircuit.webex.com/meet/2orange and https://ninthcircuit.webex.com/meet/9orange, and a remote appearance there is requested at least five days before the hearing if it was not settled at scheduling, with hearings of 30 minutes or less the ones eligible to be designated virtual. Division 1 supplies its WebEx link through the judicial assistant, holds every evidentiary hearing in person, and does not delay a hearing for a party’s technical difficulties. Hearing time in all three comes from the judicial assistant by email, and Division 1 also posts its open time on aiCalendar.
Common Situations
The intestate estate missing a notarized affidavit. A father died without a will and his daughter filed to open the estate with the family tree described in the petition. The Ninth Circuit requires a notarized Affidavit of Heirs in every intestate case as a separate document. Describing the heirs inside the petition does not satisfy it, and the case sat until the affidavit was signed in front of a notary and filed.
The proposed order that arrived alone. An estate was moving well until a proposed order went up without the matching certification checklist. In this circuit a proposed order in an estate administration is expected to arrive with the checklist attached, and one that does not can be rejected. The order was correct in every line. It waited anyway.
Sources of Law
Statutes and rules retrieved August 19, 2026. Court, clerk, and filing-fee data retrieved on the dates noted. Local requirements change without much announcement, so confirm the current version at the links above before you file.
- Rules cited are the Florida Probate Rules, current through the opinion issued July 16, 2026, and the Florida Rules of General Practice and Judicial Administration, effective July 1, 2026.
- Filing. Fla. R. Gen. Prac. & Jud. Admin. 2.525(b)(1) (attorneys must file through the portal; no other method permitted except as the rule provides), 2.525(b)(2) (an unrepresented party may elect to file through the portal, and once made the election may not be withdrawn without leave of court), 2.525(c)(1)(A) (a paper document may be submitted to the clerk, who converts it, where filed by an unrepresented party who has not elected). Filings move through the Florida Courts E-Filing Portal, operated by the Florida Courts E-Filing Authority, which states there is no cost to register and no fee to file electronically, apart from the statutory filing fee and a convenience fee based on the payment method.
- The original will. Fla. Stat. §732.901(1) (custodian must deposit within 10 days after receiving information that the testator is dead, with the clerk having venue, supplying the date of death or the last four digits of the social security number), (2) (custodian may be compelled; costs, damages, and a reasonable attorney fee where there was no just or reasonable cause), (3) (an original submitted with a petition is deemed deposited), (4) (clerk preserves the original in original form for at least 20 years; digitizing does not eliminate the requirement). Fla. Prob. R. 5.043 (deposit of wills and codicils; retained in original form).
- Opening the estate. Venue, Fla. Stat. §733.101. Petition, §733.202 and Fla. Prob. R. 5.200 (the eleven required contents). Preference in appointment, §733.301. Nonresident personal representatives, §733.304. Oath before letters, Fla. Prob. R. 5.320 (which also carries the only decedent-estate form written into the rules). Address designation and designation of resident agent with acceptance, both before letters, with the corporate-fiduciary and Florida-Bar-member exceptions, Fla. Prob. R. 5.110. Issuance of letters and bond, Fla. Prob. R. 5.235 and §733.213.
- Notices and claims. Notice of administration served promptly, the persons served, the 3-month objection window for the validity of the will, venue, or jurisdiction, and the estoppel-only extension, Fla. Stat. §733.212 and Fla. Prob. R. 5.240 (exempt property 4 months, elective share 6 months). Notice to creditors published once a week for 2 consecutive weeks, the diligent search for reasonably ascertainable creditors, and notice to the Agency for Health Care Administration within 3 months where the decedent was 55 or older, Fla. Stat. §733.2121 and Fla. Prob. R. 5.241 (proof of publication within 45 days; verified statement of the search within 4 months). Claim deadlines, the later of 3 months from first publication or 30 days from service, §733.702. Two-year bar after death whether or not letters ever issued, §733.710.
- Running and closing. Inventory within 60 days after issuance of letters at date-of-death value, Fla. Stat. §733.604 and Fla. Prob. R. 5.340. Final accounting and petition for discharge within 12 months after issuance of letters for an estate filing no federal estate tax return, Fla. Prob. R. 5.400(c). Attorney required for the personal representative unless the representative remains the sole interested person or is a Florida-admitted attorney appearing in that role, Fla. Prob. R. 5.030(a). Presumed-reasonable attorney compensation, §733.6171.
- Smaller estates. Summary administration, Fla. Stat. §735.201 and Fla. Prob. R. 5.530(a)(7). Reading note. The statute as officially published still shows $75,000, because Florida publishes its statutes annually and the 2026 edition is not yet posted. The $150,000 figure comes from CS/HB 1337 (2026), ch. 2026-57, Laws of Florida, section 7, effective July 1, 2026, and Rule 5.530 has been amended to match. Disposition without administration, §735.301.
- Forms. The Florida Probate Rules place their forms in Part V and state that the forms are not intended to be part of the rules and are provided for convenience only; the Part V set is essentially guardianship forms. The Florida State Courts System’s self-help service states that Florida Courts Help does not provide any forms related to the probate process, in contrast with the Supreme Court-approved family law forms. The practitioner form set commonly used in Florida probate is published and sold by a private nonprofit and is not court-approved.
- Cost. Probate filing service charges, Fla. Stat. §28.2401. Posted Orange County charges read from the clerk’s own schedule, retrieved 2026-08-09; all ten largest counties are documented in our probate cost by county study.
- Caseload. Florida Office of the State Courts Administrator, FY 2024-25 Statistical Reference Guide, Chapter 6, Circuit Probate, tables of filings and dispositions by circuit, county and category, retrieved September 15, 2026.
- Orange County local court layer, retrieved September 15, 2026, from the judicial directory · AO 2021-24 · AO 2022-08 · AO 2021-09-05 · AO 2022-09. Judge assignments come from the circuit’s assignment orders cited above. The parking and coffee notes are conveniences for visitors, not court information, and the research file with every source is reference/research/probate-court-pilot/orange-county.md.
- Orange County practice, retrieved 2026-08-12: clerk probate page · Ninth Judicial Circuit administrative orders · judges directory · local forms and checklists.
Updated on September 15, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate and tax planning, business structuring, and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. This page is general information about Florida court procedure, not legal advice, and no attorney-client relationship is created by reading it. Court addresses, local checklists, and clerk charges change; confirm them at the official links before you file. We serve Orlando residents wherever you are, and this is not a Orange County office.