Originally published: December 2025 | Reviewed by Mary Conte
To open a probate estate in Seminole County, families file a petition with the Seminole County Clerk of the Circuit Court & Comptroller, pay the required filing fee, and provide documents such as the death certificate and, if one exists, the original will.
The process starts with the Seminole County Clerk’s Probate Department at the Juvenile Justice Center in Sanford.
After your petition is filed, the court reviews the paperwork and appoints someone to manage the estate.
Many families feel overwhelmed after losing a loved one and then learning they have to deal with legal paperwork. It’s a lot to take in.
Knowing which forms to use, who should file, and what happens next helps take some of the stress off.
Not every estate needs the same type of probate. Some qualify for a faster summary process, while others require formal administration.
Opening a probate estate in Seminole County means filing specific paperwork with the circuit court clerk and paying a filing fee. You’ll need to follow Florida’s probate procedures.
The process changes depending on the estate’s size and complexity.
The person opening the estate needs the original death certificate and the original will (if available). It’s smart to collect info about assets, debts, and beneficiaries, too.
Florida offers summary administration for smaller estates and formal administration for larger ones. The estate’s value and date of death decide which type applies.
Filing a petition starts the formal probate process in Seminole County. File with the Clerk of the Circuit Court, usually in the county where the deceased lived.
The clerk requires a filing fee when probate proceedings are filed. The amount depends on the type of probate.
Once the court approves, the estate gets a case number. The court then appoints a personal representative to administer the estate.
Very small estates might qualify for disposition without administration. This simple process works when the estate’s value doesn’t exceed final expenses, such as funeral costs and last medical bills.
Some assets transfer automatically without going through probate court. These include:
Estates valued at less than $75,000 or where the person died more than two years ago may qualify for summary administration. This process is faster and costs less than formal administration.
Conte Mollenhauer Law helps families open probate estates in Seminole County with less stress and confusion. If you’re unsure where to start, contact us.
If you’re ready to get started, call us now!
Before filing anything, families need to check two things: does Seminole County have jurisdiction, and is probate actually required? Missing these can waste time and money.
Probate proceedings are filed with the clerk of the circuit court, usually in the county where the decedent lived at death. So if the person lived in Seminole County, start there.
Driver’s licenses, voter registration, or a homestead property can help prove residency. If they owned a home in Seminole County and lived there, that’s usually enough.
Non-residents who own property in Seminole County might need to file here, too. The Seminole County Property Appraiser website can show if real estate is titled in the decedent’s name.
If the property is located in more than one Florida county, families might have to file in more than one county to clear title under Florida law.
Not everything a person owns ends up in probate. Only assets titled solely in the decedent’s name without a beneficiary need court supervision.
Assets that typically require probate:
Assets that avoid probate:
Gather deeds, account statements, and beneficiary forms to determine which require court involvement.
Florida law doesn’t set a hard deadline to open probate, but waiting too long can cause headaches. Creditors have only a limited window to file claims, and the probate court supervises the payment of debts before assets are distributed to beneficiaries.
Most families start the process within a few weeks or months. That gives time to find the will, collect documents, and talk to an attorney.
Starting sooner protects the estate. Property can deteriorate, bills add up, and everyone gets frustrated with delays. Most families prefer to resolve the estate in a timely, organized way.
Seminole County offers three probate paths, depending on the estate’s value and specifics. Each has different requirements, costs, and timelines. It’s worth figuring out which one fits before jumping in.
This is the simplest option if the person died with very few assets. It works only when the estate’s value is less than the funeral and medical bills incurred in the 60 days preceding death.
This option still involves a simple court filing: family members submit a petition, a death certificate, and proof of expenses so the court can authorize release of the personal property.
But this doesn’t work for real estate—just things like bank accounts, vehicles, and personal belongings. Most estates don’t qualify because assets are usually worth more than final expenses.
Summary administration in Seminole County is available for estates valued at $75,000 or less, or for estates where the person died more than 2 years ago, regardless of value. This process skips many steps required in formal administration.
The court doesn’t appoint a personal representative for summary administration. Beneficiaries file a petition asking the court to distribute assets directly to them.
This process usually takes 4-6 weeks instead of several months. It costs less in court fees and attorney expenses. Still, you have to file a petition and get a judge’s approval.
Formal administration is required for estates worth more than $75,000 or when things get complicated. The court appoints a personal representative to manage the whole estate under court supervision.
This path takes longer because there are more steps. The personal representative notifies creditors, pays debts, files tax returns, and distributes assets in accordance with the will or Florida law.
Formal probate in Seminole County usually takes 6–12 months for straightforward cases. If there are disputes or tax issues, the process can stretch into several years.
| Estate Situation | Probate Type | Timeline | Court Supervision |
| Assets are less than final expenses | Disposition Without Administration | 1-2 weeks | None |
| Assets under $75,000 | Summary Administration | 4-6 weeks | Minimal |
| Death over 2 years ago (any value) | Summary Administration | 4-6 weeks | Minimal |
| Assets over $75,000 | Formal Administration | 6-12 months | Full |
| Estate disputes or creditor claims | Formal Administration | 12+ months | Full |
Someone has to ask the court to open the estate and appoint a manager. Florida law sets clear rules about who can serve and who should file the paperwork to get things started.
The Florida Statutes lay out a specific order for who has priority to serve as a personal representative. If the deceased had a will, the person named in it has priority. That makes sense—the deceased picked someone they trusted.
If there’s no will or the named person can’t serve, the law follows this order:
Blood relatives have priority over in-laws. Someone who lives out of state can serve, but they must be related to the deceased by blood or marriage. Florida residents who aren’t related can also serve if the court appoints them.
The court can skip over someone with priority if they’re unfit or just don’t want the job.
The person who wants to serve as a personal representative usually files the petition. In summary, administration, any interested person can file, since no personal representative gets appointed.
For formal administration, the person named in the will or an interested party files the petition asking the court to appoint them. If more than one person wants the job, the court holds a hearing to figure out who gets priority.
With disposition without administration, an heir or beneficiary files a claim. This person doesn’t become a personal representative, since the process skips formal probate entirely.
Florida allows close family members living in other states to serve as personal representatives. Blood relatives and spouses qualify even if they live elsewhere. That covers children, parents, siblings, and other lineal relatives.
Non-relatives must live in Florida to serve. If you’ve got a trusted friend from another state, they can’t take on this role unless they’re a blood relative or spouse.
Out-of-state personal representatives must still comply with all Florida probate laws. They’ll need a Florida attorney and must appear in Seminole County court when required.
| Probate Type | Who Files | Who Serves As PR | Court Forms Required |
| Summary Administration | Any beneficiary or heir | No PR appointed | Petition for Summary Administration |
| Formal Administration | Nominated PR or interested party | Court-appointed PR | Petition for Administration, Oath, Acceptance of Appointment |
| Disposition Without Administration | Heir or beneficiary | No PR appointed | Petition for Disposition Without Administration |
| Ancillary Administration | Florida resident or qualified non-resident | Court-appointed PR | Petition for Ancillary Administration |
The person who files must have legal standing as an interested party to the estate. This includes heirs, beneficiaries, creditors, and anyone named in the will.
Unsure whether summary or formal probate fits your Seminole County estate? Conte Mollenhauer Law can review details and guide filings—schedule an appointment.
If you’re ready to get started, call us now!
The Seminole County Clerk’s Office provides specific packets for different types of probate cases. Each packet contains the forms needed for that situation.
Having the right documents ready before filing saves time and helps avoid annoying delays.
The Seminole County Clerk’s Office handles all probate filings and makes packets available both online and in person. People can download forms from the clerk’s website or pick them up at the courthouse if they prefer paper.
Three main packets are out there, depending on the situation:
Each packet includes instructions about required documents and filing fees. The person filing should read the packet carefully and determine which forms apply to their case.
Before submitting any probate packet, you’ll need to gather certain documents. The original death certificate is required for all probate filings. Most people end up needing at least three certified copies.
If there’s a will, the original will must be filed with the court. Any codicils or amendments need to go in, too.
The person filing has to provide proof of their authority to open the estate. This might be documents showing they’re named as personal representative in the will, or proof of their relationship to the deceased if there’s no will.
Financial information is necessary too. Recent bank statements, property deeds, and asset valuations help establish the estate’s value.
The Seminole County Property Appraiser’s records confirm the title of the real estate in the deceased’s name.
Once the petition and supporting documents are ready, the executor or petitioner files them with the court. Seminole County offers two main ways to file, and knowing the fees and timeline up front helps set expectations.
The Seminole County Courthouse accepts probate petition filings in person at the Clerk of Court’s office. The probate division sits at the courthouse in Sanford, Florida.
Before heading out, the petitioner should bring the original will (if available), a certified copy of the death certificate, and all completed petition forms.
The clerk checks the documents to make sure everything’s in order. If something’s missing or off, they’ll let you know on the spot.
Arriving early usually means a shorter wait. The staff can answer basic questions about filing, but they can’t give legal advice. They’ll stamp your documents as filed and hand you a receipt.
Florida’s statewide e-filing system lets petitioners submit probate documents electronically. This online option saves time and lets you avoid driving to the courthouse.
To use the e-filing portal, you’ll need to create an account through the Florida Courts E-Filing Portal. The system takes PDF documents and credit card payments for fees. You upload everything at once—the petition, will, death certificate, all of it.
After submission, the clerk’s office reviews the filing online. The petitioner gets email updates about the case. Most people find e-filing pretty convenient, especially if they don’t live nearby or have a packed schedule.
Filing fees in Florida vary by county and estate value, usually running from $50 up to $1,200 or more.
Seminole County charges based on the estate’s size and complexity. Payment is due when you file and can be made by cash, check, money order, or credit card.
After filing, the court clerk opens the probate case and assigns a case number. This usually happens within one to three business days. The case number shows up on all future court documents for the estate.
The court then schedules a hearing date, typically within 30 to 45 days after filing. The petitioner receives notice of this date and must notify all interested parties as required by law.
Once the court appoints a personal representative and the estate officially opens, specific ongoing responsibilities kick in.
The clerk keeps the court file, while the personal representative handles most of the paperwork and notifications.
The court clerk assumes an administrative role once the estate is officially opened. They assign a case number and organize all documents in the estate’s file. Every paper submitted by the personal representative is recorded and stamped with the date received.
The clerk doesn’t make decisions about distributing assets or paying debts. That’s up to the personal representative.
The clerk just processes paperwork, schedules hearings if needed, and checks that documents meet filing requirements.
The judge only steps in when disputes arise or when big decisions require court approval. Most routine estate administration happens without a judge getting directly involved.
The personal representative has several important duties upon appointment. They need to get a tax identification number for the estate from the IRS. This number is required to open an estate bank account.
Critical early filings include:
The personal representative also files periodic accountings with the court. These reports show all the money coming into and leaving the estate.
They give beneficiaries transparency and help protect the representative from later disputes over how the money was handled.
Florida law allows some people to handle certain small probate matters without a lawyer. Still, most Seminole County estates benefit from experienced legal representation—especially during formal administration or when the personal representative lives outside Florida.
Many families spot probate forms online and wonder if they can just do it themselves. Florida law allows certain situations in which someone can file probate without an attorney. Still, most estates require a lawyer.
If you’re not a lawyer, you can’t represent an estate in formal administration. You’ll have to hire an attorney to file documents and appear in court.
The only real exception is summary administration for very small estates, where beneficiaries can file together without a lawyer.
Even when DIY filing is technically allowed, mistakes can get expensive. Missed deadlines, wrong paperwork, or failing to notify creditors properly can drag the process out for months.
Families also struggle to determine which type of administration best fits their case. The Seminole County probate process has strict court procedures and legal requirements that are easy to miss without professional guidance.
Conte Mollenhauer Law handles the entire probate filing process for families in Seminole County. They start by reviewing the deceased’s assets and determining whether summary or formal administration is appropriate.
The team prepares all court documents and files them at the appropriate locations. Probate filings in Seminole County are submitted through the Probate Department at the Juvenile Justice Center, 190 Eslinger Way in Sanford, rather than the main civil courthouse building.
We know which forms to use, where to file them, and how to navigate Seminole County’s specific probate rules.
The legal team also ensures the custodian deposits the original will with the Clerk of the Circuit Court within 10 days of learning of the death.
We guide personal representatives step by step, from court appointment to distributing assets. This hands-on approach helps avoid common errors that can slow down estate settlement and helps keep families out of legal trouble.
If you need to open a probate estate in Seminole County after a recent death, contact Conte Mollenhauer Law to schedule a consultation about your next steps.
How long do I have to open a probate estate in Seminole County after a death?
You don’t have a strict legal deadline to open a probate estate in Seminole County, but it’s best to start within a few weeks or months after death. Opening probate earlier protects assets, keeps bills and creditors under control, and reduces stress and conflict among family members.
Do I have to open probate in Seminole County if my loved one owned property in more than one place?
You usually open probate in Seminole County if your loved one lived there when they died, even if they owned property elsewhere. Their main case is filed where they were domiciled, and then you may need separate “ancillary” proceedings in other Florida counties or states to transfer out-of-area real estate.
Can I open a probate case in Seminole County without hiring a lawyer?
You can sometimes open a Seminole County probate case without a lawyer for very small or simple estates, such as certain summary administrations or dispositions without administration.
How much does it cost to open probate in Seminole County?
The cost to open probate in Seminole County includes a filing fee to the Clerk of Court, plus possible publication costs and attorney’s fees. Smaller, simpler estates using summary administration generally cost less, while formal administration and complex estates cost more.
How long does probate usually take once the estate is opened in Seminole County?
Probate in Seminole County can take a few weeks for very small disposition cases, around 1 to 2 months for many summary administrations, and 6 to 12 months or more for formal administrations. Disputes, missing information, or tax issues can lengthen the process, while complete, accurate filings usually help things move faster.
What happens if we discover additional assets after the probate estate has already been opened?
Suppose you discover more assets after a Seminole County probate estate is opened. In that case, the personal representative usually files updated information—such as an amended inventory or supplemental documents—so the court includes those assets.
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