Probate and Estate Administration Attorney in Daytona Beach

Secure Peace of Mind for Your Family’s Future—Contact Us Now

Estate administration is a critical legal service that ensures a deceased individual's assets are correctly managed and distributed according to their will or the applicable state law. In Daytona Beach, this process involves navigating specific Florida statutes that dictate how estates are handled. Engaging a local estate administration attorney in Daytona Beach is crucial for ensuring compliance and facilitating a smooth process.

It's important to recognize that the administration process can involve intricate legal challenges, including probate court proceedings. Florida law requires an appointed personal representative to settle finances, pay outstanding debts, and distribute assets correctly among beneficiaries. Our team at Buckmaster & Ellzey is committed to providing the guidance and support necessary to streamline this experience, ensuring peace of mind amidst potentially complex scenarios.

Whether you're handling a loved one's estate or planning ahead, our trusted probate and estate administration attorney in Daytona Beach is here to help. Schedule a personalized consultation by calling (888) 785-6548 or filling out this online form today.

What is Probate in Florida

Probate is the court-supervised legal process of proving a will, identifying and gathering the deceased person's assets, paying their debts and taxes, and distributing the remaining assets to the rightful beneficiaries or heirs. This process is mandated by Florida law to ensure a proper and orderly transfer of property. 

While the concept might seem straightforward, the practical application of Florida probate laws can be quite complex, requiring careful adherence to statutory requirements and deadlines. Having a knowledgeable probate and estate administration attorney in Daytona Beach is crucial to navigating this process successfully.

Types of Probate Administration in Florida

Florida law provides for different types of probate administration, depending on the size and complexity of the estate. Understanding which type applies to your situation is the first step, and a skilled probate and estate administration attorney in Daytona Beach can help you make that determination.

• Formal Administration is the most common probate type in Florida, typically for estates exceeding $75,000 (excluding homestead) or when the decedent has been deceased for under two years and assets require distribution. This process involves extensive court supervision, including appointing a personal representative, inventorying assets, notifying creditors, and distributing inheritances. It can be lengthy, often taking six months to over a year, depending on complexity or disputes. Our firm guides personal representatives through each step, ensuring legal compliance and efficient estate management.
• Summary Administration offers a simplified probate for smaller estates, applicable if the probate estate's total value (excluding exempt property) is $75,000 or less, or if the decedent has been deceased for over two years. This process is generally quicker and more affordable due to less court oversight. A petition, usually filed by a surviving spouse or beneficiaries, leads to a court order distributing assets, often without a personal representative. Even with this streamlined approach, legal assistance ensures all criteria are met and avoids delays.
• Disposition Without Administration is Florida's most expedited probate method, reserved for very limited circumstances. It applies when the deceased only left exempt personal property and non-exempt personal property valued no more than reasonable funeral and final 60-day medical expenses. This process avoids a court-appointed personal representative and is for estates with minimal assets. Despite its apparent simplicity, proper documentation is crucial, and legal guidance can prevent errors.

Intestate Succession in Florida (Dying Without a Will)

When a person dies in Florida without a valid will, their estate is considered "intestate." In such cases, Florida's intestate succession laws, outlined in Florida Statutes Chapter 732, dictate how the decedent's assets will be distributed. This means the state, rather than the decedent, determines who inherits the property. 

The order of priority for inheritance generally is:

• Surviving Spouse and No Children: The surviving spouse inherits the entire probate estate.
• Surviving Spouse and Children (all children are also the children of the surviving spouse): The surviving spouse inherits the entire probate estate.
• Surviving Spouse and Children (where some children are not the children of the surviving spouse): The surviving spouse inherits one-half of the probate estate, and the lineal descendants (children, grandchildren, etc.) split the other half.
• No Surviving Spouse but Surviving Children: The children inherit the entire probate estate, equally per stirpes (meaning if a child has predeceased, their share passes to their children).
• No Surviving Spouse or Children: The estate passes to the decedent's parents, then to siblings, and so on, following a statutory order of priority.

Navigating intestate succession can be particularly challenging, as it may not align with the decedent's unstated wishes or familial relationships. A Daytona Beach probate and estate administration attorney can provide critical assistance in determining heirship and ensuring proper distribution according to Florida law when a will is absent.

Common Issues and Disputes in Florida Probate

Even with a well-drafted will, the probate process can encounter various challenges and disputes. These issues can prolong administration, increase costs, and create family conflict. As a seasoned probate and estate administration attorney in Daytona Beach, we are prepared to handle a range of such complexities, including:

• Will Contests: Challenges to the validity of a will, often based on claims of undue influence, lack of testamentary capacity, improper execution, or fraud. These disputes can lead to extensive litigation.
• Creditor Claims Disputes: Disagreements over the validity or amount of claims filed by creditors against the estate. The personal representative must properly evaluate and respond to all claims.
• Disputes Among Beneficiaries/Heirs: Conflicts can arise over asset distribution, interpretation of will clauses, or allegations of misdeeds by the personal representative.
• Elective Share Claims: Florida law allows a surviving spouse to claim an "elective share" of 30% of the deceased spouse's "elective estate," even if the will attempts to disinherit them. This can significantly impact estate distribution and often requires the attention of a skilled probate and estate administration attorney in Daytona Beach.
• Homestead Issues: Determining whether property qualifies as homestead and the proper distribution of homestead property under Florida law can be complex, especially with blended families or unique ownership structures.
• Breach of Fiduciary Duty: Allegations that the personal representative has not properly fulfilled their duties, leading to mismanagement or loss of estate assets.

Our firm provides assertive legal advocacy to resolve these disputes, whether through negotiation, mediation, or litigation in the Daytona Beach courts. Our goal is always to achieve the best possible outcome for our clients while minimizing emotional and financial strain.

Key Steps in the Estate Administration Process

In Daytona Beach, the estate administration process encompasses several vital steps. Our team will assist you at each stage, aiming to provide clarity and reduce stress along the way. Each of these steps is crucial, not just for legality, but also for ensuring that an estate’s value is preserved and that beneficiaries receive their rightful inheritance.

• File the Will & Obtain Letters Testamentary: We ensure the will is filed promptly with the local probate court and assist in obtaining the necessary legal documents.
• Inventory & Appraise Assets: Our lawyers coordinate with appraisers as needed and assemble a comprehensive inventory of the estate's assets. Understanding the true value of an estate’s assets is essential for fair distribution.
• Settle Debts & Taxes: We handle notices to creditors, settlements of claims, and ensure compliance with state taxation requirements. Our thorough approach helps in avoiding legal entanglements that could arise from unpaid obligations.
• Distribute Assets to Beneficiaries: Following probate, we facilitate the orderly distribution of assets to rightful heirs. Our strategic planning ensures that this process honors your loved ones’ wishes while adhering to legal standards.

The Role of an Estate Administration Lawyer in Daytona Beach

As your dedicated estate administration lawyers, we at Buckmaster & Ellzey are committed to guiding you through the complexities of managing an estate. Our in-depth knowledge of local legal procedures, including interactions with the Volusia County court system, ensures a tailored approach for each client.

The nuances of estate administration require not only legal acumen but also a compassionate understanding of family dynamics and an appreciation for each client’s unique circumstances. By aligning our strategies with your personal and financial goals, we protect your estate’s integrity while respecting the wishes of your loved ones.

Contact Buckmaster & Ellzey for Compassionate Guidance

Facing estate administration can be daunting, but with the knowledgeable team at Buckmaster & Ellzey, you are never alone. Experience the difference comprehensive and client-focused legal support can make in easing your burdens and achieving desired outcomes.

Call us at (888) 785-6548 or reach out online for personalized assistance that prioritizes your unique needs and respects your loved one's wishes. 

Frequently Asked Questions

How Long Does Estate Administration Take in Daytona Beach?

Estate administration can take anywhere from a few months to over a year, depending on the estate's size, complexity, and whether disputes arise. At Buckmaster & Ellzey, we work to streamline the process through efficient document handling and early issue resolution.

What If There Is No Will?

If no will exists, Florida's intestate succession laws determine how the estate is distributed. This often results in outcomes that may surprise or frustrate surviving family members. Our firm helps clarify your rights and ensures a fair and lawful distribution process.

Can Estate Administration Be Avoided?

Yes—through proactive planning, such as creating a living trust, it's possible to bypass probate. We help clients explore and establish estate planning tools that protect assets and minimize court involvement, preserving privacy and saving time.

What Happens If a Dispute Arises?

Disputes among heirs or creditors can delay probate and increase costs. Our team works to resolve conflicts through negotiation or mediation when possible, but we’re fully prepared to litigate if necessary to protect your interests.

Do All Assets Go Through Probate?

No. Some assets, such as those held in joint tenancy, payable-on-death accounts, or trust-held assets, pass outside of probate. We assess your estate thoroughly to identify which assets require probate and which can transfer directly to beneficiaries.

Who Can Be Appointed as the Personal Representative?

Typically, the person named in the will serves as personal representative. If there's no will, Florida law determines who qualifies. We guide personal representatives through their duties, ensuring they meet all legal obligations and avoid personal liability.

What Are the Responsibilities of a Personal Representative?

Duties include identifying assets, notifying creditors, paying debts and taxes, and distributing property to beneficiaries. We assist with each step to ensure legal compliance and efficient estate management.

Is Court Appearance Always Required?

Not always. Many probate proceedings in Florida are handled without formal court hearings. However, disputes, creditor claims, or will contests may require appearances. Our firm handles all communication with the court on your behalf and represents you in any necessary proceedings.

How Can I Prepare for Estate Administration?

Gather all estate-related documents, including wills, trusts, asset lists, and debt statements. Contact our office as early as possible—our team will guide you through the next steps, ensuring the estate is handled correctly and in accordance with Florida law.