Whether your father died with or without a will in the state of Florida, the probate court is a necessary step in dividing your father’s assets. If your father created a valid will and it is not submitted to probate, it will be ineffective to pass title to the beneficiaries named in the will. If no will is available, then the probate court will determine who receives what property from your father’s estate according to the Florida Intestate Succession laws. To open probate in Florida, you must hire an attorney who is licensed by the Florida bar to handle the administration of the probate estate in almost all scenarios. First, the attorney will prepare a petition and submit the petition to the court in Orange County to open the estate. If a will is present, the petition will ask the court to recognize the validity of the will. A personal representative to act on behalf of the estate must also be appointed by the court. Next, an attorney must file proof of your father’s death with the court, usually in the form of a death certificate. Notice of the probate estate must also be provided to all parties who have a potential interest in the estate including beneficiaries and the decedent’s creditors. Notice to creditors can be accomplished by publishing the notice in the newspaper. For additional information, contact the Orange County Clerk of Court, http://www.myorangeclerk.com/enu/Pages/orange-county-clerk-of-court-home.aspx.