Seminole County Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. represents clients throughout Seminole County — including Sanford, Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Winter Springs — in probate administration, estate planning, guardianship proceedings, trust administration, and estate dispute litigation. We also assist families with Volusia County probate and Orange County probate matters.
Our firm has been in continuous practice in Central Florida since 1928 and has handled Seminole County matters across the full range of Florida probate and guardianship law. While our office is in Orlando (910 N. Fern Creek Avenue, Orlando, FL 32803), Seminole County clients account for a consistent portion of our practice, and our attorneys are familiar with both Orange County and Seminole County court procedures.
For Seminole County families navigating probate, guardianship, or estate planning, the combination of a fourth-generation practice history, an LL.M. in Taxation, dual Florida Supreme Court Certified Mediators, and active probate litigation capability is not commonly found in a single firm in this market.
Probate Court Information
Seminole County probate matters are filed in the Seminole County Circuit Court — Probate Division.
The Seminole County Circuit Court is in the Eighteenth Judicial Circuit of Florida. Seminole County probate proceedings follow the same Florida Probate Code that governs Orange County proceedings (Fla. Stat. Chapters 731–735), but the local administrative rules, filing procedures, and scheduling practices differ from the Orange County Probate Division.
Applicable thresholds:
- Summary Administration (Fla. Stat. § 735.201): available when non-exempt assets do not exceed $150,000 for deaths on or after July 1, 2026 ($75,000 before), or the decedent died more than two years ago
- Formal Administration (Fla. Stat. § 733.101 et seq.): required for estates exceeding the Summary Administration threshold
- Formal Administration requires an attorney licensed in Florida to represent the personal representative (Fla. Prob. R. 5.030)
Approximately 30 miles from 910 N. Fern Creek Avenue, Orlando — approximately 35–45 minutes depending on I-4 conditions. Our attorneys appear in Seminole County as needed for client matters.
How We Serve Seminole County Clients
Probate Administration
We represent personal representatives and beneficiaries in Seminole County Summary and Formal Administration proceedings. We also handle contested probate litigation — will contests under Fla. Stat. § 733.109, removal of personal representatives under Fla. Stat. § 733.506, and breach of fiduciary duty claims. These contested matters are what most general practice firms refer elsewhere; they are a regular part of our practice.
Estate Planning
Wills, revocable and irrevocable trusts, durable powers of attorney, living wills, and healthcare surrogate designations for Seminole County families. David A. Yergey III's LL.M. in Taxation from the University of Alabama provides graduate-level estate tax analysis for clients with complex or high-value estates.
Guardianship
Emergency Temporary Guardianship, plenary and limited guardianship, contested guardianship, guardian advocacy, and annual accountings for Seminole County wards. David A. Yergey III is the Founding President of the Florida Guardianship Support Network (flgsn.org) and has handled Seminole County guardianship matters across his career.
Trust Administration and Litigation
Guidance for Seminole County successor trustees and representation of beneficiaries in trustee breach proceedings under Fla. Stat. § 736.0802.
Mediation
Both partners are Florida Supreme Court Certified Circuit Court Mediators available for probate, trust, and guardianship mediation in Seminole County matters.
Seminole CountyProbate: Costs, Timelines & Procedure
Seminole County and the Eighteenth Circuit
Seminole County probate is filed in the Seminole County Circuit Court's Probate Division at the courthouse in Sanford, part of the Eighteenth Judicial Circuit — a different circuit from Orange County's Ninth, with its own administrative orders, filing conventions, and judicial calendaring. The same Florida Probate Code (Fla. Stat. Chapters 731–735) governs, but a filing prepared for Orlando practice is not automatically prepared for Sanford practice.
We appear across the county's communities — Lake Mary, Longwood, Winter Springs, Oviedo, Altamonte Springs, Casselberry, and Sanford — and account for the Eighteenth Circuit's local expectations in every matter.
Which Probate Track a Seminole Estate Needs
Summary administration under Fla. Stat. § 735.201 is available when non-exempt assets do not exceed $150,000 for decedents dying on or after July 1, 2026 under CS/SB 1500 ($75,000 for earlier deaths) or when the decedent has been dead more than two years. Formal administration under Chapter 733 is required for larger estates and for any estate needing an active personal representative.
Seminole's comparatively affluent, homeowner-heavy communities mean estates here more often exceed the summary threshold and more often involve a funded revocable trust running alongside the probate — a combination that rewards counsel comfortable coordinating the two.
What Probate Costs in Seminole County
The clerk's filing fee for a formal administration is approximately $400 under Fla. Stat. § 28.241 (summary is lower), plus publication and certified copies. Personal representative compensation follows Fla. Stat. § 733.617 (three percent of the first $1 million of compensable value) and attorney's fees follow Fla. Stat. § 733.6171 (for example, three percent of value between $100,000 and $1 million).
Because many Seminole estates approach or exceed $1 million once a home and retirement accounts are counted, the graduated percentages above that level matter here more than in lower-value estates. These figures are presumed-reasonable guidelines, adjustable by agreement or by the court; we quote the arrangement in writing before you engage us.
Trust Administration Alongside Probate
In an estate built around a revocable trust — common in Lake Mary and Longwood — most assets pass through trust administration, not probate, but a probate is still often opened for stray assets or a pour-over will. The successor trustee owes statutory duties under the Florida Trust Code: the duty to inform and account under Fla. Stat. § 736.0813 and the duty of loyalty under Fla. Stat. § 736.0802.
We guide Seminole trustees through those duties and, where an asset was never retitled into the trust, run the companion summary or formal administration that clears it — so the two processes finish together rather than one stalling the other.
The Formal Administration Sequence
After the petition is filed with the original will and death certificate, the court issues Letters of Administration. The personal representative serves the Notice of Administration under Fla. Stat. § 733.212 (a 90-day contest window), publishes and serves the Notice to Creditors under Fla. Stat. § 733.2121, and files an Inventory within 60 days under Fla. Stat. § 733.604.
Once the three-month creditor-claims period under Fla. Stat. § 733.702 closes and claims are resolved, the personal representative files a Final Accounting and Petition for Discharge, distributes the estate, and obtains an Order of Discharge closing it — a sequence that runs six to twelve months for a routine Seminole estate.
What to Bring to Your First Consultation
For a probate matter (Seminole County)
- Certified copy of the death certificate
- Original will or a copy if the original has been deposited with the court
- Preliminary asset inventory (real estate, bank accounts, retirement accounts, brokerage, vehicles, life insurance)
- Contact information for all named beneficiaries and legal heirs
- Any Seminole County probate court correspondence already received
For an estate planning consultation
- Existing estate planning documents, if any
- General asset list
- Names of proposed personal representative, trustee, agent under power of attorney, and healthcare surrogate
- Family structure details (spouse, children, stepchildren, dependents with special needs)
Frequently Asked Questions
- Where is probate filed for a Seminole County resident?
- In the Seminole County Circuit Court's Probate Division at the Seminole County Courthouse, 301 N. Park Avenue, Sanford — part of the Eighteenth Judicial Circuit. Venue follows the decedent's county of residence under Fla. Stat. § 733.101; the original will is deposited with the Clerk under Fla. Stat. § 732.901.
- How much does probate cost in Seminole County?
- A formal-administration filing fee of roughly $400 under Fla. Stat. § 28.241, plus publication and certified copies, then personal representative compensation under Fla. Stat. § 733.617 and attorney's fees under Fla. Stat. § 733.6171 — presumed-reasonable figures (about three percent of value between $100,000 and $1 million) that can be set by agreement or adjusted by the court. We quote it in writing first.
- How long does Seminole County probate take?
- Summary administration typically closes in four to eight weeks. Formal administration runs six to twelve months for a routine estate, with the three-month creditor-claims period under Fla. Stat. § 733.702 setting the floor. Real-estate sales, estate tax returns, and disputes extend it.
- My parent had a trust — do we still need Seminole County probate?
- Often a limited one. Assets titled in a funded revocable trust pass through trust administration outside probate, but any asset left in the decedent's sole name — or caught by a pour-over will — still requires a summary or formal administration. We frequently run that companion probate alongside the trust administration so both close together.
- Do I need a probate attorney in Seminole County?
- For formal administration, yes — Florida Probate Rule 5.030 requires the personal representative to be represented, except where the representative is the sole interested person. The Eighteenth Circuit's Seminole filing conventions differ from Orange County's, so local familiarity matters even in an uncontested case.
- What is the difference between summary and formal administration?
- Summary administration (Fla. Stat. § 735.201) is a simplified track for estates at or below the statutory threshold ($150,000 for deaths on or after July 1, 2026; $75,000 before that) or where the decedent died more than two years ago; it can close in weeks. Formal administration (Chapter 733) appoints a personal representative and is required for larger or actively managed estates, typically six to twelve months.
Ready to speak with a Seminole County probate attorney?
Call (407) 843-0430 or book a consultation online.
Or text PROBATE to (407) 906-9507 for a faster response.
Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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