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Osceola County, FL Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Circuit Court, Ninth Judicial Circuit, Osceola County (probate is a division of the Circuit Court) |
| Filing office | Clerk of the Circuit Court & County Comptroller (Kelvin Soto, Esq.), Judge Jon B. Morgan Courthouse, 2 Courthouse Square, 2nd floor, Kissimmee, FL 34741 |
| Phone | (407) 742-3500; the Clerk's department listing routes probate, guardianship, and mental health calls to option 7, with [email protected] as the listed department email |
| Hours | Monday to Friday, 8:00 a.m. to 5:00 p.m., excluding holidays; the Clerk accepts recording and payments only until 4:30 p.m. |
| Filing fee | Statutory base under F.S. 28.2401: formal administration $395; summary administration $340 for an estate of $1,000 or more; disposition of personal property without administration $230; plus a $4 additional service charge on administration petitions (verified July 2026). The Osceola Clerk does not publish a county probate fee schedule of its own; its fee links go to the statewide Florida Court Clerks & Comptrollers schedule, so confirm the current total with the Clerk before filing |
| Local forms | Yes; the Clerk's Forms & Packets page has a probate forms section (affidavit of heirs, opening and closing formal administration checklists, summary administration checklist, homestead status checklist, notice regarding original will, a fillable disposition without administration form, and a statement of claim), and the Ninth Circuit publishes the same circuit-wide probate checklists on ninthcircuit.org |
| E-filing | Florida Courts E-Filing Portal (myflcourtaccess.com), mandatory for attorneys and optional for self-represented filers; original wills, codicils, and certain other original documents are filed on paper, and the Clerk asks filers who cannot use the portal to include a hardship letter |
| Case search | Benchmark case search at courts.osceolaclerk.com/BenchmarkWeb; the public may search and view case information at no charge with no login, and broader electronic document access requires registration under Fla. Sup. Ct. AOSC14-19 |
| Remote appearance | The published Osceola division procedures run hybrid virtual courtrooms under Fla. R. Gen. Prac. & Jud. Admin. 2.530; short-matter hearings may be attended by Cisco Webex video without a motion, one division extends that to all non-evidentiary hearings, a device with video and audio is required, and other appearances need a Rule 2.530 motion under the assigned division's published procedures |
| Website | https://osceolaclerk.com/probate/ |
Before you begin — know the assets and liabilities
The most common Osceola County misstep is filing before you know what the estate holds and which administration path fits. Florida has three routes: formal administration (F.S. Chapter 733), summary administration (F.S. 735.201), and disposition of personal property without administration (F.S. 735.301). Which one applies depends on the value and type of the assets, whether the decedent left Florida real property, and how long ago the death occurred; the thresholds are statewide and are covered on the Florida state page. Homestead real property often passes outside the probate estate, so a Kissimmee or St. Cloud home can transfer to the family while the estate subject to administration stays small.
Before you file, identify every bank, credit-union, brokerage, and retirement account, life-insurance policy, vehicle, business interest, and parcel of Osceola County real estate, along with every debt, and identify each heir and beneficiary by name. Only then can you pick the right path, calculate the correct filing fee, and decide whether counsel is needed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Ninth Judicial Circuit serves Osceola and Orange counties. Within Osceola County the court covers Kissimmee, St. Cloud, Celebration, Poinciana, Buenaventura Lakes, Harmony, Kenansville, and the county's other communities. Every Osceola County probate is filed with the Clerk of the Circuit Court & County Comptroller at the Judge Jon B. Morgan Courthouse, 2 Courthouse Square, Kissimmee, FL 34741; the Clerk's office is on the 2nd floor, and the Clerk lists no branch offices. Under Florida's venue rule (F.S. 733.101), administration is proper in the county where the decedent was domiciled at death; if the decedent had no Florida domicile, in any county where the decedent owned property; and otherwise in the county where a debtor of the decedent resides. In practice, the estate of an Osceola County resident, or one holding Osceola County real property, is filed here.
Unlike Orange County, Osceola has no separately staffed probate bench: the circuit's 2026 assignment chart places its dedicated probate, guardianship, and mental health judges in Orange County, and the circuit's uniform civil procedures fold probate, guardianship, and mental health into Osceola's general civil divisions, so probate matters are handled by the circuit civil judges sitting at the Kissimmee courthouse under their published division procedures. The Ninth Circuit's probate checklists and forms apply circuit-wide, so Osceola filers use the same checklists as Orange County filers.
The jurisdiction process
- Confirm venue and choose the path. Osceola County is the right court when the decedent was domiciled here at death or owned Osceola County property (F.S. 733.101). Decide, based on the assets and the time since death, whether the estate needs formal administration (F.S. Chapter 733), qualifies for summary administration (F.S. 735.201), or fits disposition of personal property without administration (F.S. 735.301); the statewide thresholds are on the Florida state page.
- Confirm whether an attorney is required. Under Florida Probate Rule 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person (or is a licensed attorney). Most Osceola County formal and summary administrations therefore involve counsel; disposition without administration and sole-interested-person matters can proceed without a lawyer.
- Deposit the will. The custodian of a will must deposit the original with the Clerk within 10 days of learning of the death (F.S. 732.901), with a copy of the death certificate if available; the Clerk's probate page confirms no attorney is needed for the deposit itself.
- Gather what the court needs: the original will (if any), a certified copy of the death certificate, a list of the estate's assets and debts, and the names and addresses of the beneficiaries and other interested persons. Florida's estate representative is the personal representative in every case, whether or not there is a will (F.S. 731.201).
- Prepare the petition and complete the circuit's checklists. The Ninth Circuit's probate checklists apply circuit-wide, including an affidavit of heirs, a summary administration checklist, formal administration opening and closing checklists, and a homestead status determination checklist; the same checklists are posted in the probate forms section of the Clerk's Forms & Packets page. For a disposition without administration, the Clerk posts a fillable form there and provides it through the Probate Department.
- File with the Clerk. Attorneys e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com), which is mandatory for them; a self-represented filer may e-file or file on paper at the Clerk's office, 2 Courthouse Square, 2nd floor, Kissimmee. The Clerk asks filers who cannot use the portal to include a hardship letter explaining why. Original wills, codicils, and certain other original documents are always delivered on paper.
- Pay the filing fee for the path. The statutory base is set by F.S. 28.2401: formal administration $395; summary administration $340 for an estate of $1,000 or more; disposition of personal property without administration $230; plus a $4 additional service charge on administration petitions (verified July 2026); counties add further mandatory statutory charges, and the Osceola Clerk does not publish a county probate fee schedule of its own, so confirm the current amount with the Clerk at (407) 742-3500 before filing.
- Give notice. In a formal administration, serve the notice of administration on interested persons and publish and serve the notice to creditors. A creditor must file its claim by the later of 3 months after first publication or 30 days after being served (F.S. 733.702), and F.S. 733.710 bars all claims 2 years after death.
- Attend any hearing. Osceola probate matters are set under the assigned division's published procedures; short-matter hearings may be attended by Cisco Webex video without a motion, one division extends that to all non-evidentiary hearings, and one division reserves its Thursday short-matter sessions for probate, guardianship, and mental health. Proposed probate orders are e-filed through the portal, and the Clerk reviews the file for compliance before submitting the order to the judge.
- Receive authority. In a formal administration the court appoints the personal representative and the Clerk issues Letters of Administration, the representative's proof of authority for banks and title companies. In a summary administration the court enters an order distributing the assets and no personal representative is appointed.
- Administer and close. File the inventory, resolve creditor claims, obtain court authority where required to sell Osceola County real property, account to the interested persons, distribute, and close the estate.
Forms and documents
Probate forms in Osceola County
Florida publishes no statewide self-help probate form set; probate filings are petitions prepared under the Florida Probate Rules (Fla. Prob. R. 5.010 to 5.530). Because Florida Probate Rule 5.030 requires a Florida-licensed attorney in most administrations, most Osceola County estates do not self-file a form packet; the attorney prepares and e-files the petitions through the Florida Courts E-Filing Portal.
The local layer is real. The Ninth Judicial Circuit's probate checklists and forms apply in both Osceola and Orange counties, and the same set is posted in the probate forms section of the Clerk's Forms & Packets page: an affidavit of heirs, a summary administration checklist, formal administration opening and closing checklists, a checklist for determining homestead status of real property, and a notice regarding the original will, plus formal notice and proof of service sample forms and a statement of claim for creditors. The Clerk also posts a fillable form for a disposition of personal property without administration, which is the one path routinely handled without an attorney; the Probate Department provides it on request.
Original documents are the exception to e-filing. The Osceola Clerk no longer requires paper originals except for the original will, codicils, separate writings to the will, the oath of witness to the will, proofs of will, bonds, commissions, authenticated or exemplified copies from other courts, and declarations naming a pre-need guardian; those are delivered to the Clerk's office at 2 Courthouse Square, Kissimmee. The custodian of a will must deposit it within 10 days of learning of the death (F.S. 732.901).
Local nuance
Osceola County-specific considerations
One courthouse for a fast-growing county. Every Osceola County probate is filed at the Judge Jon B. Morgan Courthouse, 2 Courthouse Square in downtown Kissimmee; the Clerk's office is on the 2nd floor and lists no branch locations. The Clerk's counters are open Monday to Friday, 8:00 a.m. to 5:00 p.m., but recording and payments are accepted only until 4:30 p.m., so arrive before the cutoff if you are paying a filing fee in person.
No separate Osceola probate bench. The Ninth Circuit's dedicated probate, guardianship, and mental health judges sit in Orange County; in Osceola, probate matters are folded into the general civil divisions and handled by the circuit civil judges at the Kissimmee courthouse under their published division procedures. One division's current procedures reserve its Thursday short-matter sessions exclusively for probate, guardianship, and mental health, so uncontested probate motions are commonly heard in short-matter blocks.
The Clerk pre-screens proposed probate orders. Under the published Osceola division procedures, proposed orders in probate, guardianship, and mental health cases are filed through the Florida Courts E-Filing Portal, and the Clerk's office reviews the file for compliance before submitting the proposed order to the judge for approval. Build that review step into your timing expectations for uncontested orders.
Webex hearings are routine. The published Osceola division procedures run hybrid virtual courtrooms under Fla. R. Gen. Prac. & Jud. Admin. 2.530: counsel and self-represented parties may attend short-matter hearings by Cisco Webex video without filing a motion, and one division extends that to all non-evidentiary hearings. A device with working video and audio is required, one division states telephonic appearance is not permitted, and other appearances need a Rule 2.530 motion. Check the assigned division's procedures for its Webex link and format rules.
Free public case search, tiered document access. The Clerk's Benchmark case search at courts.osceolaclerk.com/BenchmarkWeb lets the public search and view case information at no charge with no login, per the Ninth Circuit's case-query page. Viewing more court documents electronically requires a registered account under Florida Supreme Court order AOSC14-19; the Clerk's Court Records Registration page has the application.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Osceola County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Kissimmee or St. Cloud home held by the spouses as tenants by the entirety, or as homestead, generally passes to the surviving spouse outside the probate estate; the survivor records the death certificate and, where needed, petitions to determine homestead status using the Ninth Circuit's homestead status checklist. Accounts and property in the decedent's sole name may still need summary or formal administration, which under Florida Probate Rule 5.030 usually requires a Florida attorney unless the spouse is the sole interested person. | Asset discovery to separate what passed outside probate from what did not. Packet generation for the petition. A vetted Osceola County probate attorney where the rule requires counsel. |
| Out-of-state adult child, small estate | If the parent was domiciled in Osceola County and the estate is small enough, or the death was more than 2 years ago, the estate may qualify for summary administration (F.S. 735.201); if it holds only exempt and limited personal property and no real estate, disposition of personal property without administration (F.S. 735.301) may apply, using the fillable form on the Clerk's Forms & Packets page. An attorney typically e-files through the portal, and routine short-matter and other non-evidentiary hearings can commonly be attended by Webex video, so the child can often avoid traveling to Kissimmee. | Asset discovery to confirm the estate fits the shorter path. Packet generation for the petition. Attorney referral where Rule 5.030 requires counsel. |
| Parent settling a predeceased child's estate, home must be sold | Formal administration in the Ninth Judicial Circuit. Because there is no will, the parent's attorney petitions for appointment as personal representative and the Clerk issues Letters of Administration; the personal representative then obtains court authority where required to sell the Osceola County home before the deed can transfer. Rule 5.030 requires a Florida attorney unless the parent is the sole interested person. | Asset discovery for the child's accounts and property. Packet generation for the administration petition and sale papers. A vetted Osceola County probate attorney to run the formal administration and any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Osceola Clerk of the Circuit Court & County Comptroller, Probate (osceolaclerk.com/probate) | The Clerk's probate page: e-filing rules, the original-documents list, will deposit, path descriptions, and office contact at (407) 742-3500 (option 7 for probate); the Clerk's Forms & Packets page carries the probate forms section |
| Ninth Judicial Circuit, Probate/Guardianship/Mental Health (ninthcircuit.org) | The circuit's probate division page with the circuit-wide probate checklists and forms, plus each division's published procedures and Webex hearing rules |
| Benchmark case search (courts.osceolaclerk.com/BenchmarkWeb) | Free public case search with no login; registration under AOSC14-19 unlocks broader electronic document access |
| Florida Courts E-Filing Portal (myflcourtaccess.com) | The statewide e-filing portal, mandatory for attorneys and open to self-represented filers who register |
| Community Legal Services of Mid-Florida (legalaccessforall.org) | Free civil legal aid for income-eligible residents of Osceola County and the surrounding region, with a Kissimmee office at 800 N. Main Street; helpline (800) 405-1417 |
| Florida Courts Help, probate (flcourts.gov/Courts-System/florida-courts-help/other-resources/probate) | The judiciary's probate self-help page, with plain-language information on the probate process |
| The Florida Bar (floridabar.org) | Consumer pamphlet "Probate in Florida" and the statewide Lawyer Referral Service |
| Florida Law Help (floridalawhelp.org) | Self-help legal information and legal-aid routing for lower-income Floridians |
When to hire an attorney
Florida is an attorney-forward probate state. Under Florida Probate Rule 5.030, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person or is a licensed attorney, so most Osceola County formal and summary administrations involve counsel; the Clerk's own probate page restates the rule. Beyond the rule, counsel makes practical sense when the estate is contested, when Osceola County real property must be sold, when the estate is insolvent or its solvency is in doubt, when a business interest or an out-of-state asset complicates administration, or when heirs are in conflict. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer. Sunset can connect families to a vetted Osceola County probate attorney when the situation calls for counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Osceola County real estate, business interests, and unclaimed property, so you know the estate's value and can pick the right Florida probate path for estate settlement before you file.
Generate the probate packet. Sunset assembles the Osceola County filing: the petition for administration, the notice of administration and notice to creditors, the inventory, and the supporting documents, formatted for e-filing through the Florida Courts E-Filing Portal and for the Ninth Circuit's probate checklists.
Find a local probate attorney. Because Florida Probate Rule 5.030 requires counsel in most administrations, Sunset connects families to a vetted Osceola County probate attorney to file and appear.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file probate in Osceola County, Florida?
With the Clerk of the Circuit Court & County Comptroller at the Judge Jon B. Morgan Courthouse, 2 Courthouse Square, Kissimmee, FL 34741; the Clerk's office is on the 2nd floor. Attorneys e-file through the Florida Courts E-Filing Portal (myflcourtaccess.com); a self-represented filer may e-file or file on paper. The Clerk can be reached at (407) 742-3500, option 7 for probate.
Do I need a lawyer for probate in Osceola County?
Usually yes. Under Florida Probate Rule 5.030, which the Osceola Clerk's probate page restates, the personal representative must be represented by a Florida-licensed attorney unless the personal representative remains the sole interested person or is a licensed attorney. Disposition of personal property without administration and sole-interested-person matters can proceed without a lawyer.
Do I have to e-file probate in Osceola County?
Attorneys must; self-represented filers have a choice. Florida attorneys must e-file through the statewide Florida Courts E-Filing Portal. A self-represented person may e-file or file on paper at the Clerk's office, and the Osceola Clerk asks filers who cannot use the portal to include a hardship letter explaining why. Original wills, codicils, and certain other original documents are always delivered on paper.
How much does it cost to file probate in Osceola County?
Florida sets the Clerk's base probate service charges by statute (F.S. 28.2401: formal administration $395; summary administration $340 for an estate of $1,000 or more; disposition of personal property without administration $230; plus a $4 additional service charge on administration petitions (verified July 2026)). Counties add further mandatory statutory charges on top of that base, and the Osceola Clerk does not publish a county probate fee schedule of its own; its fee links go to the statewide Florida Court Clerks & Comptrollers schedule. Confirm the current total with the Clerk at (407) 742-3500 before filing.
Where do I deposit the original will in Osceola County?
The custodian of a will must deposit the original with the Clerk within 10 days of learning of the death (F.S. 732.901), with a copy of the death certificate if available. The original will is not e-filed; it is delivered on paper to the Clerk's office at 2 Courthouse Square, 2nd floor, Kissimmee. No attorney is needed for the deposit itself.
How do I look up an Osceola County probate case?
Use the Clerk's Benchmark case search at courts.osceolaclerk.com/BenchmarkWeb. The public may search and view case information at no charge, with no login required. Viewing more court documents electronically requires a registered account under Florida Supreme Court order AOSC14-19; the application is on the Clerk's Court Records Registration page.
Can I appear remotely for an Osceola County probate hearing?
Often yes for routine matters. The published Osceola division procedures run hybrid virtual courtrooms under Fla. R. Gen. Prac. & Jud. Admin. 2.530: short-matter hearings may be attended by Cisco Webex video without filing a motion, and one division extends that to all non-evidentiary hearings. A device with working video and audio is required, one division states telephonic appearance is not permitted, and evidentiary matters need a Rule 2.530 motion, so check the assigned division's published procedures before the hearing date.
What probate forms does Osceola County use?
Florida publishes no statewide self-help probate form set; petitions are prepared under the Florida Probate Rules. Locally, the probate forms section of the Osceola Clerk's Forms & Packets page and the Ninth Judicial Circuit's probate division page both carry the circuit's checklists and forms: an affidavit of heirs, a summary administration checklist, formal administration opening and closing checklists, a homestead status determination checklist, and a notice regarding the original will. The Clerk also posts a fillable disposition of personal property without administration form and a statement of claim.
What if the estate is small or the death was years ago?
The estate may qualify for summary administration (F.S. 735.201), which does not appoint a personal representative and ends with an order distributing the assets, or for disposition of personal property without administration (F.S. 735.301) if it holds only exempt and limited personal property and no real estate. The dollar thresholds are statewide and are covered on the Florida state page; both paths are filed with the same Osceola Clerk in Kissimmee.
Do I have to travel to Kissimmee to settle an estate in Osceola County?
Not always. Attorneys and self-represented filers can file through the statewide e-filing portal, and routine short-matter and other non-evidentiary hearings can commonly be attended by Cisco Webex video under the published Osceola division procedures, so an out-of-state family can often avoid repeated trips. Original documents such as the will are delivered on paper, which can be done by mail or in person, and evidentiary matters follow the assigned division's procedures.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.