Daytona Beach Probate Attorney
The probate courts in Florida oversee the process of settling an estate by transferring assets after someone’s passing. Many families find the process to be complex and even overwhelming. A Daytona Beach probate lawyer can help you understand your responsibilities and rights so your loved one’s estate is settled according to their wishes and in accordance with the law. Legal representation can greatly streamline the process and ease the burdens placed on your family.

Why Choose The Preston Law Firm?
Life often presents uncertainties. At The Preston Law Firm, we recognize how crucial probate representation is in protecting your loved ones and resolving important legal matters after a loss. Since our founding in 1986, our mission has been to provide dedicated legal support with a focus on probate and estate planning.
Our legal team has assisted more than 3,000 clients since 2013, bringing over five decades of combined experience to every case. As a family-oriented firm, we offer a personable and compassionate approach when guiding families in Daytona Beach, Florida through the probate process with care and reliability.
Understanding Probate Court in Daytona Beach
Probate is a court-supervised process that ensures a deceased person’s debts are resolved and their assets are distributed according to Florida law. In Daytona Beach, this process is typically handled at the Volusia County Courthouse Annex (Probate Division), which is located at 125 E. Orange Avenue.
Daytona Beach has a high percentage of senior residents. Recent data shows 21.41% of residents are 65 or older. National studies show that while 69% of people recognize the value of estate planning, only about 26% of Americans have prepared the necessary documents. This leaves many families dependent on the probate courts.
In Fiscal Year 2023–24, Florida’s circuit courts oversaw nearly 146,763 probate-related filings, including estates, trusts, and guardianships. Judges expect detailed asset inventories, clear notice to beneficiaries, and proper debt resolution before approving distributions. For families in neighborhoods such as Pelican Bay, Ortona Park, and Daytona Highlands, hiring an experienced probate attorney can greatly reduce the stress of the probate process.
The Preston Law Firm
Experience the Difference. Choose an Trusts Law
Firm Dedicated to You and Your Family.
What Happens During the Probate Process?
The probate process begins when someone files a petition in probate court to recognize a will or appoint a personal representative. The court then validates the will. If one exists, the court authorizes a representative to manage the estate.
The duties of the representative can include gathering assets, notifying heirs and creditors, and paying outstanding debts or taxes. An inventory of property must be submitted within certain deadlines, and any disputes should be resolved through the court process. Once the obligations of probate are met, the remaining assets are distributed to beneficiaries.
Why You Should Hire a Probate Lawyer
The decision to hire a probate lawyer can help you streamline the probate process while ensuring that you follow important state laws set out through the probate court. A Daytona Beach probate attorney brings years of experience handling complex probate cases. If a dispute arises during the probate process, your attorney can rely on their understanding of probate laws to help you navigate the court process.
A probate attorney can be an invaluable source of support and advice throughout the process. They provide guidance, reduce confusion, and protect your legal rights during every step of probate. Whether you are tasked with settling an estate or want to prepare your estate to avoid probate to the furthest extent possible, having strong legal representation is critical.

FAQs
A: No two estate plans are exactly the same, so there is no readily available “average” cost for a probate attorney in Florida. Attorneys and law firms set different rates for their services. Some lawyers charge by the hour, while others charge a flat rate for specific services. If you have questions about the cost of estate planning, many lawyers offer consultations where prospective clients can ask about fees and other topics.
A: Both estate planning lawyers and financial planners can give advice on the benefits of having a will, trust, and other financial planning tools. Only an estate planning attorney licensed by the Florida Bar has the authority to draft enforceable documents and provide legal advice. If you want to ensure that your estate planning documents are enforceable in court and comply with state law, a licensed estate planning attorney can provide legal advice and services.
A: If you have never been through the probate process before, you may find it to be incredibly complex and potentially overwhelming. The probate courts work on strict deadlines, and failing to meet the requirements set out by state law could leave you responsible or even liable for those setbacks.
Creditors and beneficiaries can hold the estate representative accountable for missteps, which is why many people going through probate rely on estate planning lawyers throughout the process.
A: You are not required to have an attorney represent you throughout the probate process, but having one can streamline the process and reduce the chance that you make costly errors. Beneficiaries and creditors may hold representatives accountable for errors, and the courts set strict deadlines for when certain steps should be completed and how they should be completed.
Manage Your Probate Case With Confidence
Probate can be a complicated process that requires careful attention to both legal requirements and family concerns. Florida’s probate courts oversee how estates are settled and assets are distributed. Without experienced legal guidance, the process can be confusing and overwhelming. Having a trusted probate lawyer ensures your loved one’s wishes are honored.
Since 1986, The Preston Law Firm has represented families in Daytona Beach with compassion and reliability. With more than 50 years of combined legal experience and thousands of clients served, our firm has built a reputation for trusted probate counsel. Contact our office today to schedule your consultation.