DeLand Probate Lawyer

DeLand Probate Attorney

When someone you love passes away, the grief can feel overwhelming. The last thing you want to do as a grieving family member is handle Florida’s complex probate laws by yourself. Hiring a DeLand probate lawyer can help streamline the process and ensure legal compliance for you and the other loved ones left behind.

Why Choose Us?

The Preston Law Firm has been helping guide Florida residents through the probate process since 1986. With over 50 years of combined professional experience, our team of six legal professionals brings compassion into the workplace every day.

We understand the difficult emotions involved during probate and are here to support you throughout the entire process.

What Is Probate?

Probate is the court-overseen legal process that happens after someone passes away. For DeLand residents, probate is typically overseen by the Volusia County Courthouse, located at 101 North Alabama Avenue.

This process is generally mandatory for all. During this time, a personal representative will be appointed to be in charge of the entire process.

This person is either named directly in the deceased’s will or appointed by the court if there is no will. Florida offers two main types of probate:

1. Summary administration. This type of probate is used for smaller estates valued at $75,000 or less, or the person has been dead for more than two years.
2. Formal administration. This type of probate is the most common for Floridians, and it is used for larger or more complex estates.

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The Probate Process: Step-by-Step

In 2024, 21% of DeLand residents were age 65 and older. Florida is an ideal place to retire for many Americans. However, when someone dies, their personal representative has a difficult job ahead of them.

The probate process can be deeply stressful for loved ones left behind. Understanding the potential costs of the probate process is an important part of preparing for what lies ahead. The time it takes for probate depends on the size of the estate and whether there are disputes. Even simple cases of smaller estates usually take months to complete.

More complicated estates or those that require filing federal estate tax returns may take much longer.

If there is a will, the court follows it as long a Probate only covers assets that:s it is valid. The will must be filed with the Volusia County Courthouse within 10 days after learning about the person’s death. Because not all assets must go through probate, it’s crucial to understand which of your belongings might bypass the court entirely. A judge oversees probate and makes sure the right people inherit what they were gifted in the will. 

1. Were in the person’s name alone
2. Do not have a named beneficiary

For example, a joint bank account can’t be a part of the probate process. Life insurance paid directly to a beneficiary is also not part of probate. Assets can include:

• Bank accounts and cash. The average income in DeLand was $73,352 in 2023. This money requires careful handling during probate.
• Personal belongings
• Investments
• Real estate. In DeLand, the average home value was $334,244 in 2025. Homes are often an estate’s highest value item.
• Retirement accounts
• Collectibles

The Responsibilities of the Personal Representative

The personal representative must take on many responsibilities. They will:

1. Collect and protect assets
2. Notify creditors. Creditors usually have three months after being notified to file.
3. Pay bills, debts, and taxes with the assets. The IRS may also be involved if the person or estate owes income or estate taxes.
4. Distribute what is left to beneficiaries

They have to keep careful records and may be held legally responsible if they mismanage the estate. In most cases, the representative must hire a probate lawyer because the process involves complex rules.

FAQs

What Happens During Probate if I Die Without a Valid Will?

If you die without a valid will in place, your assets won’t be distributed according to your personal wishes. Instead, Florida law kicks in, and the estate will go to your closest living relatives. If you’re married, your spouse will get everything. If you’re married with children from a different relationship, the estate is split in half between the children and the spouse. If there is no spouse or children, the estate may go to parents, siblings, or extended family members.

What Rights to My Assets Do Family Members Have During Probate, Even With a Valid Will in Place?

No matter what your will says, certain family members have legal rights during the probate process. If you’re married, your spouse can claim a portion of the estate or claim rights to your primary residence. If you have children who were born after your will was made, they may also have a claim. Even if you leave your children out of your will, they could have rights to your estate.

Does Florida Have Estate or Inheritance Taxes That Have to Be Paid During Probate?

Florida does not impose an inheritance tax or an estate tax after someone dies. This means that when you pass away, your beneficiaries don’t owe any state taxes on the belongings that they inherit from you. However, there’s a federal estate tax on certain Florida estates. This federal tax isn’t individually applied to every asset. Instead, it applies to the total value of your estate. As of 2025, this tax is only applied to high-value estates worth over $13.99 million.

What Is a Revocable Living Trust?

A revocable living trust is a way to help avoid probate that can be included as a part of your estate plan. This legal document allows a person to put assets into a trust. Anything in the trust will avoid the probate process and automatically go to the beneficiary. You’ll be able to manage the trust’s assets while you’re alive. This means you can edit and change out assets or even cancel the trust altogether. Setting up a revocable living trust is a common strategy for those looking to manage their assets and simplify the transfer of their estate.

Hire a Probate Lawyer You Can Rely On

The Preston Law Firm has helped over 3,000 Florida residents with their unique cases. We’re here to take your case on, too. Contact our team today to schedule your first appointment and learn how we can help you during this difficult time. We’re here to help guide you through the probate process as efficiently as possible.