How Probate Works in Seminole County Courts

When a loved one passes away, families often find themselves faced with an unfamiliar and sometimes intimidating process called probate. In simple terms, probate is the legal process of identifying, managing, and distributing a deceased person’s estate — everything they owned — according to their will or, if there is no will, Florida’s intestate succession laws.

If you live in Altamonte Springs or anywhere in Seminole County, understanding how probate works locally can make the process far less stressful. Here’s what to expect from start to finish — and how The Soto Law Office can help guide you through each step.

Understanding Probate in Florida

In Florida, the probate process is governed by Chapter 731–735 of the Florida Statutes and takes place in the probate division of the circuit court in the county where the deceased person (the decedent) lived. For Seminole County residents, that means proceedings are handled through the Seminole County Probate Court, located at the Seminole County Criminal Justice Center in Sanford.

Probate ensures that:

1. The deceased person’s debts, taxes, and final expenses are properly paid.

2. Any remaining assets are distributed to rightful heirs or beneficiaries.

   
   

Depending on the estate’s size and complexity, probate in Florida may follow one of two main paths: formal administration or summary administration.

Step 1: Filing the Petition

Probate begins when someone — usually the person named as the personal representative (executor) in the will — files a Petition for Administration with the Seminole County Circuit Court. If no will exists, a family member or interested party can request appointment as the personal representative.

Along with the petition, the court requires:

• The original will (if one exists)

• The death certificate

• A list of known heirs and beneficiaries

Once filed, the court will issue Letters of Administration, giving the personal representative legal authority to act on behalf of the estate.

Step 2: Notifying Creditors and Interested Parties

After appointment, the personal representative must notify all potential creditors that the estate has been opened. This step is governed by Florida Statutes § 733.2121, which requires a Notice to Creditors to be published in a local newspaper in Seminole County and mailed to any known creditors.

Creditors have 90 days from the first publication of the notice to file a claim. The personal representative will then review and either pay, settle, or dispute each claim.

Step 3: Taking Inventory of the Estate

Next, the personal representative must identify and value all assets owned by the decedent at the time of death. Under Florida Statutes § 733.604, this Inventory of Estate Assets must be filed with the court and shared with beneficiaries.

Typical assets include:

• Bank accounts and investments

• Real estate (homes, vacation properties, or land)

• Personal property (vehicles, jewelry, furniture)

• Business interests or retirement accounts

If the estate includes property in multiple counties or states, additional steps — such as ancillary probate — may be required.

Step 4: Paying Debts, Taxes, and Expenses

Once the inventory is complete, the personal representative uses estate funds to pay approved creditor claims, final medical expenses, funeral costs, and any state or federal taxes due. Florida does not have a state inheritance or estate tax, but federal estate taxes may apply to larger estates.

The personal representative must keep detailed records of all transactions and may need to provide a final accounting to the court before assets can be distributed.

Step 5: Distributing the Remaining Assets

After debts and expenses are handled, the personal representative distributes the remaining assets to the beneficiaries according to the will — or, if there’s no will, according to Florida’s intestate succession laws (Chapter 732).

If there are disputes among beneficiaries, the court may need to intervene. Mediation or legal representation can help resolve disagreements efficiently while keeping family relationships intact.

Step 6: Closing the Estate

The final step is filing a Petition for Discharge, asking the court to officially close the estate. Once approved, the personal representative is released from further duties, and probate is complete.

The entire process typically takes six to twelve months in Seminole County, though complex estates or disputes can extend that timeline.

Simplifying Probate with Professional Guidance

Probate doesn’t have to be overwhelming. At The Soto Law Office, we help clients across Altamonte Springs and Seminole County navigate the process with confidence and compassion. Whether you need help filing paperwork, managing creditor claims, or distributing assets, our experienced team is here to guide you every step of the way.

📞 Call us at (321) 972-2279 🌐 Visit www.TheSotoLawOffice.com

Let us help you bring clarity, order, and peace of mind to the probate process — so you can focus on what truly matters: honoring your loved one’s legacy.