The Truth About Probate in Orlando, and How to Protect Your Family

Understanding Probate in Orlando

Probate is the court-supervised legal process that happens after someone dies to (1) identify and collect their assets, (2) pay debts, and (3) distribute what remains to heirs or beneficiaries.

In Orlando and across Florida, probate is required when a person dies owning property in their sole name, without beneficiary designations or joint ownership. It isn’t a quick formality   it involves court filings, deadlines, creditor claims, and often months of delay.

How Long Probate Takes and What It Costs

Most probates in Florida take 6 to 12 months to complete, and sometimes longer if disputes, creditor issues, or missing heirs are involved. In limited circumstances, summary administration may shorten the process to a few months   but only if the estate qualifies under Florida law.

Probate also comes with significant costs, which are paid out of the estate before heirs receive anything. Common expenses include:

- Attorney’s fees (often a percentage of the estate’s probate assets)
- Court filing fees and costs for legal notices
- Executor or personal representative fees
- Appraisal and accounting costs for valuing assets
- Additional costs if disputes, tax issues, or litigation arise

The bottom line: probate drains both time and money from your family at the worst possible moment.

Why All Wills Still Go Through Probate

One of the biggest misconceptions is that having a Will means you avoid probate. The truth is: all Wills must go through probate.

A Will is simply a set of instructions for the judge, telling the court how you want your assets distributed. But the probate process is what validates the Will, enforces its terms, and ensures debts and claims are settled first.

In other words: having a Will does not keep your family out of probate. It only guarantees they’ll be in it.

The Hidden Conflict of Interest in Estate Planning

Here’s what most firms won’t say: many estate planning attorneys also handle probate cases. And probate work is often more lucrative than drafting probate-avoidance plans.

This creates a potential conflict of interest. If an attorney profits from probates, they may not be fully incentivized to keep clients out of them.

At Nasseh Law, we do things differently: we don’t handle probate at all. Our entire estate planning practice is built on helping families avoid it completely. That way, our incentives are perfectly aligned with yours   protecting your inheritance from probate’s delays and costs.

How Nasseh Law Differs

We believe estate planning isn’t about preparing for probate   it’s about avoiding it altogether.

Our firm focuses exclusively on creating strategies that transfer your property and accounts directly to your loved ones, without court involvement. We tailor each plan to your family’s needs, explain every option clearly, and ensure your estate is set up to pass smoothly without court oversight.

The Tools We Use to Keep Families Out of Probate

At Nasseh Law, we use proven legal tools to protect families in Central Florida. These include:

- Lady Bird Deeds (Enhanced Life Estate Deeds)
- Land Trusts
- Payable-on-Death (POD) designations on financial accounts

We’ll dive deeper into each of these strategies in future articles. For now, it’s enough to know that effective planning exists   and that you don’t have to accept probate as inevitable.

FAQs About Probate in Orlando

Q: How long does probate take in Orlando?
A: Most probates take 6 to 12 months, sometimes longer if issues arise. In limited cases, summary administration can shorten the process to just a few months   but only if the estate qualifies.

Q: How much does probate cost in Florida?
A: Costs vary, but they typically include attorney fees, court filing fees, personal representative fees, appraisal costs, and other administrative expenses. All of these come out of the estate before heirs receive anything.

Q: If I have a Will, do I avoid probate?
A: No. All Wills go through probate. A Will is only instructions for the court   it does not bypass the probate process.

Q: Can probate be avoided entirely?
A: Yes. With proper planning, many estates can avoid probate altogether by using tools such as Lady Bird Deeds, trusts, and beneficiary designations.

Your Next Step in Avoiding Probate

Probate is more than a legal inconvenience   it’s a direct threat to your family’s inheritance. Every month of delay and every dollar spent on fees is money taken from your loved ones.

At Nasseh Law, we take one clear approach: estate planning designed to keep families out of probate. We don’t handle probates ourselves, so our success is measured by one thing only   protecting your inheritance.

Don’t leave your home, savings, or investments to the probate court. Contact us today and let’s create a plan that ensures your family gets what’s theirs   directly, cleanly, and without probate.