Ormond Beach Probate Lawyer

Ormond Beach Probate Attorney

Facing your grief when a loved one passes is challenging. Dealing with probate on top of that can quickly become overwhelming. Working with a skilled Ormond Beach probate lawyer can make the process streamlined and ensure legal compliance.

Hire a Probate Lawyer From The Preston Law Firm

The Preston Law Firm has been guiding mourning families through probate since 1986. We know what emotions are involved during probate and can offer empathy throughout your case.

Our attorneys have the skills and compassion needed to make probate as seamless as possible. While disputes may arise and complications can occur, an experienced lawyer can pivot as needed.

You deserve peace while grieving someone you lost. Let our team take care of the legal side of your case for you.

What Is Probate?

There were 71,282 probate cases filed in Florida between 2023 and 2024. Probate distributes an individual’s estate when they die, and this process is managed by the court.

For those who passed away in Ormond Beach, probate is typically overseen by the Volusia County Courthouse, located at 101 North Alabama Avenue in DeLand. The probate process has to start within 10 days of finding out that the deceased died. Once the case is filed, probate can officially begin.

Florida residents go through one of two types of probate:

1. Formal administration. This type is the most common, and it is for larger or more complex estates.
2. Summary administration. This type is for estates that are valued at $75,000 or less. It also applies when the person has been dead for more than two years. This process is faster and simpler than formal administration, making it easier for family members.

Understanding the potential costs of the probate process is an important part of preparing for what lies ahead.

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The Role of the Personal Representative

If the deceased had a will, they likely would have named a personal representative. This is a trusted person who’s in charge of handling the probate process. Their duties include:

1. Identifying and preserving the deceased’s assets
2. Using those assets to pay off any outstanding debts, bills, or taxes that the deceased had (Creditors must be notified of the deceased’s passing, and they generally have three months to file their claim for the outstanding bill or debt.)
3. Distributing the remaining assets to any beneficiaries named in the will or, according to state law, if there is no will

While seemingly simple, this process can take months to complete. Assets can include:

• Real estate
• Bank accounts and cash
• Retirement accounts
• Cars
• Investments
• Businesses
• Personal belongings and collectibles
• Pets

Factors that can drag out the process can arise in situations where:

• The deceased had a high-value or complex estate.
• There are disputes among family members about assets.
• The deceased didn’t have a will, or if there is a question about a lost or destroyed will.

In 2023, the average Ormond Beach household income was $67,482. The average home value was $320,300. These assets require careful handling during probate, and they often lead to arguments among family members over who has the right to inherit.

If a personal representative makes mistakes during probate, there can be consequences under Florida’s probate laws. It’s important to hire a probate lawyer to navigate this, as they’ll have experience with all types of probate cases.

FAQs

Do All Assets Go Through Probate?

Not all assets go through probate after someone passes away. This leads many to wonder whether a will is always subject to probate. Generally, anything placed in a trust before the deceased passed away will avoid probate and automatically go to the named beneficiary. This can make the process easier for the loved ones left behind, as they’ll have less property to deal with. Only assets in the deceased’s name alone go through probate. For example, real estate that was co-owned by a surviving spouse won’t go through probate.

Can Anyone Serve as a Personal Representative to a Florida Estate?

Not everyone can serve as a personal representative in Florida. There are various reasons why someone wouldn’t be able to serve. Personal representatives have to be over 18 years old, and they can’t be convicted felons. They must handle the duties assigned to them. If they have mental or physical disabilities that hinder their responsibilities, they can’t serve as a personal representative.

What Is Disposition of Personal Property Without Administration?

Disposition of personal property without administration is a legal option for those who have paid the deceased’s final expenses in life. They can file to get reimbursed for these costs, depending on the type of expenses they incurred. Medical bills from the last 60 days of the deceased’s life can be reimbursed, along with up to $6,000 in funeral expenses. Anything covered by insurance can’t be reimbursed.

Is There an Estate or Inheritance Tax in Florida During Probate?

Ormond Beach, Florida does not have an inheritance tax or estate tax imposed during the probate process. This is good news for beneficiaries, as it means they don’t owe any state taxes on the assets they inherit. However, if the deceased had a high-value estate, a federal tax applies to the total value of assets. This is only for estates that are valued at $13.99 million or more in 2025.

What Happens If the Deceased Didn’t Have a Will?

If the deceased didn’t have a will, their assets will be given out in compliance with Florida law. This often doesn’t align with a person’s personal wishes and can cause disputes among family members. The estate will go to the closest living relatives, starting with a surviving spouse. If there’s no spouse, the estate then goes to any surviving parents, brothers or sisters, and nieces and nephews. If there are no immediate family members, the estate goes to any surviving distant relatives.

Work With a Trusted Estate and Probate Law Firm in Florida

Contact The Preston Law Firm today to schedule your consultation with one of our attorneys. They can listen to your unique situation and guide you through what to do next in your probate case. While probate can be difficult to take on, you don’t have to go through it alone. Having an Ormond Beach probate attorney can add an extra layer of protection to ensure a smooth process.