Winter Park Probate Lawyer

Are you looking for a probate lawyer in Winter Park, FL?

At Hirani Law, we provide trusted probate counsel for families throughout Winter Park.

If you’re responsible for settling a loved one’s affairs in Winter Park, the court process tends to arrive at the worst possible time. Deadlines start while you are still grieving, banks want letters you don’t have yet, and relatives ask questions nobody can answer. Our Winter Park, FL probate lawyer takes that process off your shoulders. Hirani Law has served Central Florida families since 1998. Reach out to talk through where things stand and what needs to happen first.

Probate Lawyer Winter Park, FL

Probate is the court-supervised process for identifying a deceased person’s assets, paying valid debts, and transferring whatever remains to the people entitled to receive it. In Florida, a circuit court oversees the process and appoints a personal representative to carry it out. Property titled in the decedent’s name alone usually can’t be sold or distributed until that appointment happens.

Winter Park’s population reached 29,894 in the July 2023 Census Bureau estimate, and a community with that many established households produces a steady flow of estates each year. Some qualify for a shortened summary administration. Others require formal administration from the first petition to the final discharge. A Winter Park probate attorney sorts out which path applies before anything is filed.

Types of Probate Cases We Handle in Winter Park

Every estate that comes through our office looks different on paper, but most fall into a handful of recognizable categories. We handle each of them for personal representatives, beneficiaries, and family members across Winter Park, FL.

• Formal administration. The full probate process for larger estates and for estates with unresolved creditor issues. We petition for appointment of the personal representative, publish notice to creditors, prepare the inventory, and carry the estate through to distribution and discharge. Most estates that include Winter Park real property end up here.
• Summary administration. Florida’s abbreviated procedure for smaller estates and for older estates where the creditor claim period has already run. The choice between summary and formal administration turns on asset value, creditor exposure, and timing, and we make that call early.
• Wills. We deposit the original will with the clerk, petition to admit it, and administer the estate according to its terms. When a family has doubts about whether the document was properly signed and witnessed, our Winter Park will lawyer reviews it before the petition goes in.
• Intestate estates. When there is no will, Florida’s intestacy rules decide who inherits. We identify the legal heirs, document family relationships for the court, and complete the same filings a testate estate requires.
• Trusts. Many Winter Park residents hold assets in a revocable trust, which keeps those assets out of probate but still obligates the successor trustee to notify beneficiaries, settle debts, and distribute property. A trustee versus an executor carries different duties.
• Ancillary administration. Out-of-state residents who owned a Winter Park condominium or rental home leave behind a Florida asset that can’t transfer without a Florida proceeding. We coordinate with the attorney handling the primary estate in the decedent’s home state.
• Homestead property. A decedent’s Florida homestead follows its own rules about who may inherit it and whether creditors can reach it. We petition the court to determine homestead status so title goes to the right people.
• Creditor claims and estate debts. We publish and serve the notice to creditors, evaluate each claim that arrives, object to the ones that lack merit, and negotiate the ones that don’t.
• Guardianship. When the decedent was the guardian of a minor child or an incapacitated adult, the estate and the guardianship have to be resolved together.

Winter Park Probate Infographic

Why Choose Hirani Law as my Probate Lawyer in Winter Park, FL?

Experience With Florida Estate Administration

Meenakshi A. Hirani earned her law degree from Stetson College of Law in 1998 and built her practice on corporate and tax law. That matters more in probate than most families expect. Estates holding a closely held business, rental property, or sizable retirement accounts raise tax questions a general practitioner can miss.

Attorney Hirani also completed an MBA with high honors at Rollins College’s Crummer Graduate School of Business here in Winter Park, so the financial side of an estate is familiar ground for her. Super Lawyers recognized her in 2021, 2022, and 2023 through its peer-reviewed selection process. Our estate planning lawyer in Winter Park, FL is ready to hear about your family’s needs during probate.

Community Standing and Free Consultations

Hirani Law has helped Central Florida families close estates, admit wills, and resolve creditor disputes for more than two decades. Ms. Hirani served as president of the Legal Aid Society of the Orange County Bar Association and of the Central Florida Association for Women Lawyers, and the Florida Association for Women Lawyers’ Central Florida chapter presented her with its Leaders in Law Award in 2012.

What Is Important To Understand About Probate Cases?

Key Probate Documents and What They Do

Probate depends on paperwork, and each filing serves a distinct purpose.

• Petition for administration. The filing that opens the estate and asks the court to appoint a personal representative.
• Letters of administration. The court’s written authority that lets the personal representative act for the estate with banks, title companies, and other third parties.
• Notice to creditors. Published and served notice that starts the clock on creditor claims.
• Inventory. A sworn list of the estate’s probate assets and their values as of the date of death.
• Final accounting and petition for discharge. The closing documents that show what came in, what went out, and who received the balance.

Important Aspects of a Probate Case

Two questions shape nearly every estate we handle: which assets actually go through probate, and how creditor claims get managed.

• Probate versus non-probate assets. Jointly titled property, accounts with named beneficiaries, and other assets that skip probate pass outside the estate. Only property in the decedent’s sole name is administered.
• Creditor deadlines. Under Florida Statute 733.702, a creditor generally has three months from the first publication of the notice to creditors to file a claim, or 30 days from being served directly, whichever is later. Section 733.710 bars nearly all claims two years after death regardless of notice.
• Personal representative duties. The representative owes a fiduciary duty to beneficiaries and creditors alike, and mistakes can create personal liability.
• Family dynamics. Blended families, estranged relatives, and unequal distributions generate the disputes that stall estates. Many of the common myths about probate we hear started in exactly those situations.

What Is The Probate Case Timeline?

Formal administration in Orange County commonly takes six months to a year, and a probate lawyer in Winter Park, FL who keeps the filings moving is the difference between the short end and the long end of that range. Summary administration can close in a matter of weeks. The steps generally proceed in this order.

• Locate the original will, deposit it with the clerk, and obtain certified death certificates.
• File the petition and supporting documents so the court can issue letters of administration.
• Publish and serve the notice to creditors, then wait out the three-month claims period.
• Gather assets, file the inventory, resolve claims, and address tax filings, including any required distributions from retirement accounts in the year of death.
• File the final accounting, distribute the estate, and obtain the order of discharge.

What to Bring to Your Probate Consultation

Bring what you have to your appointment with us. Some missing documents are normal at this stage, and we can request records once the estate is opened.

• The original will and any trust documents, or copies if the original is held elsewhere
• A certified death certificate
• A rough list of assets and debts, with recent statements where available
• Contact information for the surviving spouse, children, and other likely heirs
• Letters from creditors, insurers, or financial institutions

Expect a conversation about which type of administration fits, what the personal representative will be asked to do, and a realistic timeline. Most families leave with a clear next step.

Orange County Probate Court and Local Resources

Winter Park sits in Orange County, so most estates are filed with the Orange County Clerk and assigned to the Probate Division of the Ninth Judicial Circuit, which hears these matters at 2000 East Michigan Street in Orlando. The division publishes its own probate policies and procedures covering routine pleadings and hearing requests.

Certified death certificates for deaths in the county come from the Florida Department of Health in Orange County, which explains how to obtain copies in person, by mail, or online. Order several at once. Banks, insurers, and the clerk each want their own.

Reach Out to Hirani Law to Schedule a Consultation

If you’ve been named personal representative, or you’re simply the family member everyone is looking to, contact us to schedule a free consultation with a Winter Park probate attorney. We will review the will, identify what needs to go through the court, and lay out the filings ahead. Hirani Law responds to new inquiries promptly, and there is no obligation after the first conversation.

Probate Statistics in Winter Park, FL

Every Winter Park estate that needs probate is opened in Orange County, where the probate division of the Ninth Judicial Circuit hears the case. Heirs who live in other states still file there when the deceased person lived in Winter Park.

• Orange County recorded 9,388 resident deaths in 2024, according to Florida Health CHARTS. Not every estate needs probate. Those with assets titled only in the deceased person’s name usually do.
• Probate made up 21.3% of Florida circuit court filings in fiscal year 2023-24. That year ran from July 2023 through June 2024, and the state court statistics published by the Office of the State Courts Administrator place probate alongside criminal, civil, and family cases as one of the circuit courts’ four main divisions.
• The median owner-occupied home in Winter Park is valued at $731,400, according to Census QuickFacts. A house titled only in the deceased owner’s name generally can’t be sold or transferred to heirs until the court issues an order, even when every heir agrees on what should happen.

Our probate lawyers in Winter Park, FL work with personal representatives from the first petition through the final distribution of property. We also advise heirs. Some want to know when they’ll receive what they were left. Others have concerns about how the estate is being managed, or about a personal representative who has stopped returning calls. Both groups deserve clear answers. And both are better served when questions come up early, before property has been sold or distributed.

What Steps Should I Take After a Loved One Dies in Winter Park, FL?

What happens in the first few weeks after a death affects how quickly a probate case can move. Most of these steps don’t require an attorney, but a few mistakes are hard to undo.

1. Order certified death certificates. Banks, insurers, and the court each want one, so order several. The Florida Department of Health in Orange County issues them.
2. Find the original will. Look through the home, any safe deposit box, and the files of the attorney who drafted it. The original, not a copy, is what gets filed with the Orange County Clerk of Courts.
3. Report the death to Social Security. A funeral director can file the report when the family provides the Social Security number, and you can also report the death by phone or in person. Payments issued after a death may have to be repaid.
4. Secure the house. Lock it, keep the homeowner’s insurance active, and have the mail forwarded. Some policies limit coverage when a home sits vacant, so call the insurer.
5. Hold off on giving away belongings. Property handed out before a personal representative is appointed may have to come back if the estate needs it for debts or the will leaves it to someone else.
6. Keep the bills, but don’t pay them yourself. Save every statement and collection notice. Relatives generally aren’t responsible for these debts, and the estate may not reimburse money you spend on them.
7. Sort probate assets from non-probate assets. Life insurance with a named beneficiary, joint accounts with survivorship rights, and payable-on-death bank accounts are common assets that skip probate. Whatever remains titled in the deceased person’s name alone makes up the probate estate.
8. Work out who will serve as personal representative. The will usually names someone. Without a will, the court appoints a personal representative, typically a close family member. If there’s also a trust, its trustee manages the trust assets separately, so the trustee and executor may be two different people.
9. Ask which type of probate fits. Florida has formal administration and a shorter court process called summary administration. The estate’s value and the date of death both matter.
10. Flag minor or incapacitated heirs. A child can’t manage an inheritance alone, and a guardianship may be needed until adulthood.

Winter Park Probate Lawyer FAQs

Is the First Meeting With a Winter Park Probate Lawyer Free?

There’s no charge for the first probate consultation. We’ll look at the will, the assets, and the family situation, then explain which type of administration may apply. If you have the will or a list of accounts, bring them, but nothing is required to schedule the meeting.

What Affects the Cost of Probate in Winter Park, FL?

Three things drive the cost: the size of the estate, the type of administration, and whether anyone disputes the will or the distribution. Attorney fees in a Florida probate case are usually paid from estate assets, not from the personal representative’s own pocket. We discuss fees in person before any work starts.

How Can You Find Out If a Probate Case Has Already Been Opened?

Check the Clerk’s records. The Orange County Clerk of Courts makes court records available online through its my eClerk website, and you can search by the deceased person’s name. If nothing appears, the case may not have been filed yet.

What If You Don’t Want to Serve as Personal Representative?

You can decline. The court will then appoint someone else, often the alternate named in the will. Serving takes time. Personal representatives gather assets, deal with creditors, keep records, and sign court filings. Telling the family early keeps the case from stalling.

Can the House Be Sold During Probate?

In most cases, yes. The steps depend on what the will says and whether the home counts as protected homestead property, which follows different rules. When a sale goes forward, the personal representative signs the deed at the closing on the sale.

Are Family Members Responsible for a Relative’s Debts?

In most cases, they aren’t. The estate pays valid debts from its own assets before anything is distributed. The exception is a relative who co-signed a loan or shared a joint account, because that debt can still be theirs.

What Happens If the Original Will Can’t Be Found?

The case gets harder. A lost will can sometimes still be admitted to probate, but the court needs proof of what it said, and if that proof falls short, the estate may pass under Florida’s intestacy laws instead.

Can One Lawyer Represent the Whole Family?

Not always. The attorney handling a probate case represents the personal representative in that role, so a beneficiary who disagrees with how the estate is being handled may want separate advice. We explain this at the first meeting.

Can Probate Be Handled Without Going to the Courthouse?

Much of it can. Probate documents are filed electronically through the Florida Courts E-Filing Portal, and many routine requests are reviewed and signed by the judge without a hearing. When a hearing is necessary, the Ninth Circuit’s probate judges schedule it.

Do You Need the Death Certificate Before Meeting With a Probate Lawyer?

You don’t. The first consultation can take place while you’re still waiting for certified copies, and we can explain what to gather in the meantime. A certified copy will be needed before the petition is filed with the Orange County Clerk of Courts.

Are Probate Records Public?

Most are. Once filed, the will and most court papers become public records. Assets held in a funded trust generally pass without a public case, which is one reason some families use trusts. Guardianship cases are different, because Orange County keeps them confidential.

Important Resources for Winter Park Probate Cases

What Are Important Florida Legal Resources for Probate Cases?

Anyone can read Florida’s probate statutes online, along with federal guidance for the people who administer estates. These official sources are free to use and are updated by the agencies that publish them.

• The Florida Probate Code appears within the estates and trusts chapters of the Florida Statutes, published by the Florida Senate.
• Homestead property, which often affects how a Winter Park home passes after death, is addressed in the Florida Constitution, also posted online by the Senate.
• The IRS explains the federal tax returns a personal representative may need to file, including the final income tax return, in Publication 559.

What Are Important Local Resources for Winter Park Probate?

Probate filings, death certificates, and property records for Winter Park estates run through offices in downtown Orlando. The cases themselves are heard by the probate division of the Ninth Judicial Circuit Court.

• Orange County Clerk of Courts, Probate Division: 407-836-2057. Petitions, original wills, and requests for certified court copies go here.
• Florida Department of Health in Orange County, Vital Statistics: 407-858-1460. Certified death certificates come from this office.
• Orange County Comptroller, Official Records: 407-836-5115. This office records deeds that transfer an estate’s real estate.
• Orange County Property Appraiser: 407-836-5044. Ownership records and homestead exemptions are kept by this office.

These agencies are listed for reference only. Hirani Law is not affiliated with any of them and does not endorse them.

About Hirani Law

Meenakshi A. Hirani founded Hirani Law and still manages the firm from its office on Lee Road in Winter Park, and she has been licensed to practice law in Florida since 1999. She also holds a Florida real estate sales license. That license requires training in deeds, titles, and property transactions, the same issues that come up when a probate estate has to sell, retitle, or divide a house. Her professional memberships include the Orange County Bar Association, whose members practice in the same downtown Orlando courthouse where Winter Park probate cases are heard, and the South Asian Bar Association.

What Our Clients Say

⭐⭐⭐⭐⭐

“Arti Hirani was excellent. She was compassionate, knowledgeable, and truly helpful throughout the process, both as guardian ad litem and in helping set up the trust. She made everything smooth, clear, and manageable. I highly recommend her.”

Michael Stone

Read more reviews on our Google Business Profile.

Additional Resources for Winter Park Probate Cases

• Understanding Will Substitutes That Avoid Probate
• Trust Funding Errors That Cost Families
• How To Make Your Will Legally Binding
• Top 7 Estate Planning Mistakes (And How To Avoid Them)

Contact Hirani Law

If you’ve been named personal representative, or you expect to inherit from an Orange County estate, talk with a Winter Park probate attorney at Hirani Law before acting on the estate’s property. There’s no charge for the first probate consultation, and fees for the work are discussed in person before anything is filed. We’ll review what you have and explain the court process in order. Office hours are Monday through Thursday, 9 a.m. until 5 p.m., and Friday mornings from 9 a.m. to 1 p.m. Contact us to schedule a consultation.