Probate in Orange County, Step by Step: What Happens to an Inherited Orlando House

October 25, 2026
By Brandin

If your family just inherited a house in Orlando, you probably have one big question. What has to happen in court before anyone can do anything with it?

I'm Brandin Johnson. I'm a Florida real estate broker, and I buy houses in Central Florida. I'm not a lawyer, so I'll stick to the steps and point out where you'll want a probate attorney. Here is how it works in Orange County, in order.

Step 1: Find the will and get it to the clerk

If your loved one left a will, start by finding the original. Florida law says whoever has it must deposit it with the clerk of court within 10 days of learning the person has died.

It goes to the clerk in the county where the person lived. For most Orlando families, that's the Orange County Clerk of Courts. If there's no will, you skip this step, and Florida's rules decide who the heirs are.

Step 2: Find out which kind of probate you need

Florida has two main kinds of probate. The Orange County Clerk describes them on its probate page.

• Summary administration. This is the shorter version. It's available when the estate is $150,000 or less, or when the person has been gone more than two years. The clerk says you don't have to hire an attorney for it.
• Formal administration. This is the full process. The clerk says it's used for larger estates, or when creditors have to be dealt with. It has to be filed by a Florida attorney.

A few details matter here. The $150,000 limit is new. It used to be $75,000. One law firm summary says the new limit is for deaths on or after July 1, 2026. Another says the law isn't clear on whether it depends on the date of death or the date you file. If the death was before July 1, ask your attorney which limit applies.

Also, the $150,000 counts only certain assets. Protected homestead and accounts that pass straight to a named person generally don't count. So the house itself doesn't always decide which path you're on.

Step 3: File the petition in downtown Orlando

The case opens when someone files a petition with the Orange County Clerk. You can file online through the Florida Courts E-Filing Portal, in person, or by mail to the Probate Division at 425 N. Orange Avenue in Orlando.

You'll usually need the original will, a certified death certificate, and the petition for the type of probate you chose. If there's no will, you'll also need information about the heirs.

Step 4: Get Letters of Administration (formal probate)

In formal probate, the court names a personal representative. That's Florida's word for an executor. The court then issues Letters of Administration, which are the paper proving that person can act for the estate.

Why does this matter for the house? Without those letters, nobody has the legal power to sign a deed for the estate. Title companies ask for them before they'll close. So a listing agreement or purchase contract signed before the letters come through can cause problems.

In summary administration, the court doesn't appoint a personal representative. Instead, the court's order puts title in the names of the people who receive the property, and they sell the house after that.

Step 5: Notice to creditors and the inventory

Once a personal representative is in place, there are two jobs with clocks on them.

First, the notice to creditors. The personal representative has to promptly publish it, once a week for two weeks in a county newspaper. They also have to search for known creditors and send them a copy.

Creditors then generally have three months from the first publication, or 30 days from being served if that's later, to file a claim. There is also a two-year outer limit, counted from the date of death, after which claims are generally barred.

Second, the inventory. The personal representative must file a verified list of the estate's property within 60 days after the letters are issued. Each item gets an estimated value as of the date of death.

Step 6: Selling the house during probate

This is where families often get stuck, so here's the plain version.

• If the will gives the personal representative a power of sale, they can sell the house without going back to court for approval.
• If there's no will, or no power of sale, Florida law says no title passes until the court authorizes or confirms the sale. That usually means a contract that says it depends on court approval.
• If the house was protected homestead, it may pass to the heirs outside the usual estate process, and a title company will often want a court order saying so.

A buyer who purchases under a specific power of sale, or under a court order authorizing or confirming the sale, takes the house free of the estate's creditor claims. Existing mortgages and liens on the house aren't affected, though, so they stay in place.

Step 7: Paying people and closing the estate

Next, the personal representative pays valid claims and expenses. Then they can distribute what's left to the heirs. When the work is finished, the court closes the estate.

One note for summary administration. Because no personal representative is appointed, the people who receive the property can stay responsible to creditors for up to two years. That's worth talking through with your attorney before you sign anything.

Where selling to me or listing with me fits in

You don't have to sell during probate. Some families keep the house. But if you're deciding what to do with it, I can help with the numbers. If you want background on the process, I wrote more on selling an inherited house in Orlando.

I can buy the house for cash as-is. That means no repairs, no cleanout, and no showings. Or I can list it as your broker. I'll show you both numbers side by side so you can compare what you'd net. You can read about the cash offer and listing options or see how I work with sellers across Orange County.

Either way, the sale still has to follow the court's steps above. Your attorney handles the court side. I handle the house side.

Want to see both numbers for your house, a cash offer and what it would likely sell for listed? Call me at (407) 212-7381 or send me the address.

Sources

• leg.state.fl.us: Custodian of a will must deposit it with the clerk within 10 days of learning of the death (Fla. Stat. 732.901)
• myorangeclerk.com: The will goes to the clerk in the county where the person lived; the Orange County Clerk handles Orlando-area estates; with no will, Florida law decides heirs
• myorangeclerk.com: Orange County Clerk's probate page describes summary and formal administration
• leg.state.fl.us: Summary administration is available at $150,000 or less, or when the person has been dead more than two years
• myorangeclerk.com: Clerk says no attorney is required for summary administration
• myorangeclerk.com: Formal administration is used for larger estates or when creditors must be addressed, and must be filed by a Florida attorney (per the Clerk)
• leg.state.fl.us: The $150,000 limit is new; it was $75,000 (Ch. 2026-57, effective July 1, 2026)
• joselorenzolaw.com: Sources disagree on whether $150,000 applies by date of death or date of filing; ask an attorney if death was before July 1, 2026
• leg.state.fl.us: The $150,000 counts only non-exempt assets; homestead is excluded (statute: estate subject to administration less property exempt from creditors)
• myorangeclerk.com: Petition is filed with the Orange County Clerk via the Florida Courts E-Filing Portal, in person, or by mail to the Probate Division, 425 N. Orange Ave., Orlando
• zoeckleinlawpa.com: Usually need the original will, certified death certificate, and petition; heir information if there is no will
• joselorenzolaw.com: Letters of Administration are issued in formal administration and are what title companies ask for
• leg.state.fl.us: In summary administration no personal representative is appointed; the order distributes property to the recipients
• leg.state.fl.us: Notice to creditors must be promptly published once a week for 2 consecutive weeks in a county newspaper; PR must search for and serve known creditors (733.2121)
• flsenate.gov: Claims are due the later of 3 months after first publication or 30 days after service (733.702)
• flsenate.gov: Two years after death the estate and beneficiaries generally aren't liable for claims (733.710)
• florida-probate-lawyer.com: Verified inventory due within 60 days after letters, with date-of-death values (733.604 / Rule 5.340)
• leg.state.fl.us: With a power of sale in the will, the PR can sell real property without court approval (733.613(2))
• leg.state.fl.us: With no will or no power of sale, no title passes until the court authorizes or confirms the sale (733.613(1))
• joselorenzolaw.com: Protected homestead may pass to heirs outside the estate; title companies often want a court order
• leg.state.fl.us: A buyer under a specific power of sale or a court order authorizing/confirming the sale takes title free of estate creditor claims; existing mortgages and liens are not affected (733.613(3))
• codes.findlaw.com: Summary administration recipients can remain liable to creditors for up to two years (735.206(e)-(f))

I’m a licensed Florida real estate broker, not a lawyer or tax advisor. For legal or tax advice about your situation, talk to a Florida attorney or CPA.