Guide to Probate at the Seminole County Civil Courthouse

Seminole County probate guide

If you’ve recently lost a loved one and need to begin probate in Seminole County, you may be wondering where to go, what forms are needed, and whether you can handle it on your own. Probate is never simple, but with the right guidance—and a clear understanding of the local court system—you can avoid unnecessary confusion or delay.

What is Probate?

Probate is the legal process for distributing a deceased person’s assets and paying off any debts. It’s overseen by the court to ensure the decedent’s wishes (if there’s a Will) or Florida law (if there isn’t) are followed properly.

In Seminole County, probate cases are processed through the Clerk of the Circuit Court & Comptroller’s Probate Department, which is located at:

Juvenile Justice Center
190 Eslinger Way
Sanford, FL 32773
Phone: 407-665-4369

It’s important to note: although the Seminole County Civil Courthouse handles many civil matters, probate filings go through the Juvenile Justice Center. This location handles all estate, guardianship, and mental health probate-related filings in the county.

The Three Main Types of Probate in Seminole County

Seminole County offers three distinct probate options based on the size of the estate and how long the decedent has been deceased. Each process comes with its own forms, fees, and eligibility criteria.

1. Formal Administration

This is the most comprehensive form of probate. It’s required if:

  • The estate includes significant assets, or
  • The decedent passed away less than two years ago and the estate doesn’t qualify for summary administration.

Formal administration requires the appointment of a personal representative—also called an executor—who manages the estate, handles debts, and distributes property under court supervision.

To begin, the personal representative (or their attorney) files a Petition for Administration, along with supporting documentation such as the death certificate and the original Will (if there is one). Once approved, the court issues Letters of Administration, which legally authorize the personal representative to act on behalf of the estate.

📄 Forms you may need:

  • Petition for Administration (Intestate or Testate Packet)
  • Notice of Administration
  • Oath of Personal Representative

Filing fee: $400
Filed at: Juvenile Justice Center

2. Summary Administration

Summary Administration is a simplified process for estates that meet one of the following criteria:

  • The estate is valued at $75,000 or less (excluding exempt property), or
  • The decedent has been dead for more than two years

Unlike formal administration, no personal representative is appointed. Instead, a Petition for Summary Administration is filed directly with the court, and once approved, assets are released to the beneficiaries.

This option is faster, less expensive, and ideal for smaller estates or those with non-probate assets already passed outside of court.

Forms you may need:

  • Petition for Summary Administration (With or Without Will)
  • Affidavit of Heirs
  • Proof of Death

Filing fees:

  • $345 if the estate is over $1,000
  • $235 if the estate is under $1,000

3. Disposition of Personal Property Without Administration

If the estate consists solely of personal property used to pay final expenses (like medical or funeral bills) and no real estate is involved, you may qualify for the most streamlined option of all.

To qualify:

  • The asset value must not exceed $6,000
  • The person applying must have paid the final expenses directly
  • Assets must not include real property

This option is often used when the only asset is a small bank account or final paycheck.

You’ll need:

  • An itemized, paid funeral bill
  • Receipts for medical expenses incurred within 60 days before death
  • A clear description of the asset to be released
  • Identification of the person filing

Filing fee: $231

Once submitted, the court will issue an Order of Disposition, either approving or denying the release of funds.

Where and How to File

Even though Seminole County’s main courthouse is located at 301 N. Park Avenue in Sanford, probate matters are filed at the Juvenile Justice Center at 190 Eslinger Way.

There is no online portal for full probate filings at this time, so most documents must be filed in person or through an attorney.

If you’re simply depositing a Will for safekeeping (a legal requirement within 10 days of the decedent’s death), you can do that without opening a probate case.

Important note:

Depositing the Will is free. If you want a receipt, there’s a $7 charge. If you’re not sure whether probate is needed, consulting an attorney before filing is a smart first step.

Do You Need an Attorney?

Florida does allow you to represent yourself in probate proceedings—but for most types of probate, especially formal administration, having an attorney is not only highly recommended, it’s often required by the court.

The probate process includes:

  • Filing correct forms
  • Publishing notices to creditors
  • Inventorying estate assets
  • Responding to court deadlines
  • Resolving disputes between beneficiaries

Mistakes can lead to delays, legal liability, and unnecessary expense. At Vollrath Law, we help you handle every aspect of probate correctly and efficiently—so you can avoid surprises and move forward with confidence.

Common Probate Questions at the Seminole County Clerk

What happens if there’s a Will but no personal representative is named?

An attorney must petition the court to appoint someone as personal representative. This cannot be done without court involvement.

Can I access a checking account if it was only in the decedent’s name?

No. Even as a surviving spouse, you cannot access solely-owned accounts without probate or court order.

What if the account was jointly held?

Assets held jointly typically pass automatically to the surviving owner. A certified death certificate (without cause of death) should be recorded in the county’s Official Records.

Where do I get a death certificate?

Death certificates must be obtained from the Health Department in the county where the decedent died—not from the Clerk’s Office.

Vollrath Law Helps Families Navigate Seminole County Probate With Confidence

Located right here in Oviedo, we work with families across Seminole County and Central Florida to make probate easier—not harder. We understand the local court processes, the right forms to use, and how to avoid costly delays.

Whether you’re:

  • A spouse unsure whether probate is necessary
  • A child trying to manage an out-of-state parent’s estate
  • A personal representative needing help with the next step

…our team is ready to help.

We don’t just file documents. We walk you through the process—from start to finish—with clarity, responsiveness, and compassion.

Need Help Starting Probate in Seminole County?

Call Vollrath Law or request your consultation online. We’ll help you determine the right probate option, file in the correct court, and move forward with confidence—without getting stuck in the weeds.

Probate might be unfamiliar, but you don’t have to go through it alone.

Author Bio

Stephanie Vollrath is an Owner and Partner of Vollrath Law, a Florida estate planning law firm she founded in 2013. With more than seven years of experience in investments and financial advising and 13 years practicing law in Florida, she represented clients in a wide range of estate planning cases. Her practice areas include wills, trusts, guardianship, probate, and other estate planning matters.

Stephanie received her Juris Doctor from the Barry University Dwayne O. Andreas School of Law and is a member of the Florida Bar and the Seminole County Bar Association.

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