Probate Lawyer Kissimmee, Florida

Filing probate in Osceola County

Kissimmee probate cases are filed with the Osceola County Clerk of Court and heard in the 9th Judicial Circuit Court. The Osceola County Courthouse is at 2 Courthouse Square, Kissimmee. The 9th Judicial Circuit also covers Orange County (Orlando). Florida offers four primary administration paths; the right one depends on estate value, time since death, and asset type.

Formal administration. The default path for most Florida estates. A personal representative is appointed, creditors are noticed, assets are inventoried, debts and taxes are paid, and remaining assets are distributed to beneficiaries. Court supervision throughout. Typical timeline 6 to 9 months for an uncontested case.

Summary administration. Available under Florida Statute 735.201 when the decedent's non-exempt estate value is under $75,000, or when the decedent has been deceased for more than two years. Streamlined process, no personal representative appointment required, no full creditor period. Typical timeline 4 to 8 weeks.

Ancillary administration. Required when an out-of-state or out-of-country decedent owned Florida real property. The primary probate runs in the decedent's home jurisdiction; the ancillary probate handles the Florida property under Florida law. Common in Kissimmee given the substantial vacation property ownership, out-of-state-resident-with-Disney-area-property pattern, and Puerto Rican family connections.

Disposition without administration. Available in narrow circumstances when assets are limited to exempt property and reimbursement of last expenses. Most Kissimmee estates don't qualify.

Probate scenarios common in Kissimmee

Kissimmee's resident profile creates several distinct probate administration scenarios.

Puerto Rican family estates. Kissimmee and surrounding Osceola County have one of the largest Puerto Rican populations in the continental United States. Estates often involve assets, family members, and prior succession proceedings in Puerto Rico. Puerto Rico is a separate legal jurisdiction with its own civil law succession framework (including forced heirship rules), so coordination between Puerto Rico succession proceedings and Florida probate is common and requires explicit attention.

Vacation property and short-term rental estates. Kissimmee's proximity to Disney and the broader Orlando theme park area creates a substantial market for vacation homes and short-term rental investment property. Many of these are owned by out-of-state or out-of-country residents. When the owner passes, the Florida property requires ancillary administration in Osceola County alongside the primary probate in the home jurisdiction.

Out-of-state vacation property owners. Beyond the short-term rental segment, many Kissimmee homes are second residences for owners whose primary domicile is in the Northeast, Midwest, or other states. These estates routinely require ancillary administration in Osceola County.

Disney and theme park workforce estates. Kissimmee is home to a large workforce employed at Disney, Universal, and related theme-park-adjacent businesses. Many of these workers participate in employer retirement plans (401(k), 403(b), pension) that pass outside probate via beneficiary designation. The interaction between these retirement plan designations and the probate estate is a recurring administration consideration.

Multi-generational family estates. Kissimmee's substantial multi-generational household population, particularly within the Puerto Rican community and broader Hispanic family structures, creates estates with multiple adult family members involved in the decedent's household, finances, and care. Ownership and contribution patterns often need clarification during administration.

Types of Florida probate administration

The biggest probate mistakes Kissimmee families make

Waiting too long to file. Florida Statute 733.702 imposes a strict creditor claim period that starts when notice of administration is published. Delaying probate doesn't reduce risk; it often extends it and complicates asset preservation.

Not securing vacation property and short-term rental properties immediately. Vacant Kissimmee properties (especially short-term rental units with ongoing bookings, HOA dues, and pool maintenance obligations) need insurance, utilities, security, and management continuity maintained from day one. Active bookings need to be addressed quickly: refunded, rebooked under estate authority, or otherwise resolved.

Skipping ancillary administration when there's out-of-state or Puerto Rico property. Florida courts can't transfer real property located in other jurisdictions. Multi-jurisdiction estates require coordinated probate in each jurisdiction where real estate is held. Puerto Rico in particular operates under separate civil law succession rules that don't directly mirror US common law probate.

Acting as personal representative without counsel. Florida Statute 733.6171 effectively requires representation for non-attorney personal representatives in formal administration. The personal representative carries personal liability for errors in distribution, creditor handling, and tax filings.

Distributing assets before the creditor period closes. Distributing to beneficiaries before the 3-month creditor period expires (after publication of notice) creates personal liability for the personal representative if valid creditor claims arrive after distribution.

Probate costs and personal representative fees

Florida probate has three main cost categories.

Court and publication costs. Filing fees in the 9th Judicial Circuit run a few hundred dollars. Notice of administration must be published in a local newspaper of general circulation, adding several hundred dollars. Certified copies of letters of administration, bond premiums (where applicable), and recording fees add to the baseline cost.

Personal representative compensation. Florida Statute 733.617 sets a reasonable fee schedule for personal representatives based on the value of the estate, with extraordinary services compensated separately. Many Kissimmee estates involve a personal representative who is a family member; they may waive compensation or take a reduced amount.

Attorney fees. Florida Statute 733.6171 governs reasonable attorney compensation for probate administration. The fee schedule is tied to estate value, with separate compensation available for extraordinary services such as will contests, tax matters, litigation, ancillary administration, and complex multi-jurisdiction coordination. All attorney fees are subject to court approval.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's probate, estate planning, trust administration, asset protection, and elder law practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar. Full attorney bios on our attorneys page.

The firm's two offices are in South Florida:

• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401

Most Kissimmee probate work is handled remotely from our South Florida offices. Initial consultations with personal representatives and family members are by phone or video. Court filings are handled by counsel. Most probate proceedings don't require the personal representative to appear in court. For Kissimmee families, out-of-state attorneys handling primary probate, and out-of-country families dealing with Puerto Rico succession in parallel, the remote workflow keeps administration moving without requiring travel.

Our probate practice integrates with the firm's estate planning, trust creation, asset protection, and real estate practices.

Frequently Asked Questions