Probate & Estate Administration Attorney in Daytona Beach

Local Attorneys Who Know Volusia County Probate Courts from the Inside

Estate administration is the legal process of managing and distributing a deceased person’s assets according to their will or applicable Florida law. In Daytona Beach, that means working within Volusia County’s probate system, where proceedings are held at the Steven C. Henderson Judicial Center and the S. James Foxman Justice Center. Our team at Buckmaster & Ellzey handles probate and estate administration for families throughout Daytona Beach and Volusia County, and our attorneys know these courts from direct experience inside the 7th Judicial Circuit.

Florida law requires an appointed personal representative to settle finances, pay outstanding debts, and distribute assets correctly among beneficiaries. That process involves strict statutory deadlines, creditor notice requirements, and court filings that can trip up families navigating it without legal guidance. We’re committed to providing the direction and support necessary to move the process forward efficiently.

Whether you’re handling a loved one’s estate or planning ahead, our attorneys are here to help. Schedule a 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 property to beneficiaries or heirs. Florida law mandates this process to ensure an orderly transfer of property after death.

The practical application of Florida probate statutes requires careful adherence to deadlines and procedural rules. Florida Statute 732.901, for example, requires the original will to be physically deposited with the Clerk of Court within 10 days of notification of death. Missing steps like this creates delays and complications that a local attorney can help you avoid from the start.

Types of Probate Administration in Florida

Florida law provides for different types of probate administration depending on the size and circumstances of the estate. Understanding which type applies is the first step, and we can help you make that determination.

• Formal Administration is the most common probate type in Florida, typically required for estates exceeding $150,000 in non-exempt assets (excluding homestead) or when the estate doesn’t otherwise qualify for a simplified process. This process involves extensive court supervision, including appointing a personal representative, inventorying assets, notifying creditors, and distributing inheritances. It can take six months to over a year depending on complexity or disputes. We guide personal representatives through each step to support legal compliance and efficient estate management.
• Summary Administration offers a simplified process for smaller estates. It’s available when the probate estate’s total value (excluding exempt property) is $150,000 or less, or when the decedent has been deceased for over two years. This process is generally faster and involves less court oversight. A petition, typically filed by a surviving spouse or beneficiaries, leads to a court order distributing assets, often without a personal representative. Legal assistance can help confirm all criteria are met and avoid procedural delays.
• Disposition Without Administration is Florida’s most limited probate method, reserved for cases where the deceased left only exempt personal property and non-exempt personal property valued no more than reasonable funeral and final 60-day medical expenses. Despite its apparent simplicity, proper documentation is essential, and legal guidance can help prevent errors that could derail the process.

Intestate Succession in Florida (Dying Without a Will)

When a person dies in Florida without a valid will, their estate is considered “intestate.” Florida Statutes Chapter 732 then controls how assets are distributed. The state’s priority order, not the decedent’s unstated preferences, determines who inherits.

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

Intestate succession can produce outcomes that don’t match surviving family members’ expectations, particularly in blended families. We help clarify your rights and support distribution according to Florida law.

Common Issues & Disputes in Florida Probate

Even a well-drafted will can face challenges once probate begins. Disputes prolong administration, increase costs, and strain family relationships. Jeremy Buckmaster served as an Assistant State Attorney in the 7th Judicial Circuit from 2005 to 2006, the same circuit that oversees Volusia County probate proceedings. That firsthand familiarity with local court procedure shapes how we approach contested matters.

Types of Probate Disputes We Handle

We handle a range of probate disputes, including:

• Will Contests: Challenges to the validity of a will based on claims of undue influence, lack of testamentary capacity, improper execution, or fraud. These disputes can lead to extended litigation.
• Creditor Claims Disputes: Disagreements over the validity or amount of claims filed by creditors against the estate. The personal representative must evaluate and respond to all claims within statutory timeframes.
• Disputes Among Beneficiaries and Heirs: Conflicts over asset distribution, interpretation of will provisions, or allegations of misconduct 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 affect estate distribution.
• Homestead Issues: Determining whether property qualifies as homestead and how it must be distributed under Florida law can be complex, especially in blended families or non-standard ownership structures.
• Breach of Fiduciary Duty: Allegations that a personal representative has failed to properly fulfill their duties, resulting in mismanagement or loss of estate assets.

How We Resolve Probate Conflicts

We provide assertive legal advocacy to resolve these disputes through negotiation, mediation, or litigation in Daytona Beach courts. Our goal is to protect our clients’ interests while minimizing the emotional and financial strain that probate conflict creates.

Key Steps in the Estate Administration Process

Florida estate administration follows a defined sequence of steps, each with its own statutory requirements. Our team assists at every stage to provide clarity and reduce stress along the way.

• File the Will & Obtain Letters Testamentary: We ensure the will is filed promptly with the local probate court and assist in obtaining letters testamentary, the court-issued document authorizing the personal representative to act on behalf of the estate.
• Inventory & Appraise Assets: We coordinate with appraisers and assemble a comprehensive inventory of the estate’s assets. Accurate valuation is essential for fair distribution and tax compliance.
• Settle Debts & Taxes: We handle notices to creditors, evaluate and settle claims, and ensure compliance with state taxation requirements. Addressing obligations thoroughly helps protect the estate from later legal challenges.
• Distribute Assets to Beneficiaries: Once debts and taxes are resolved, we facilitate orderly distribution to rightful heirs in accordance with the will or Florida law.

Why Daytona Beach Families Work With Our Team

At Buckmaster & Ellzey, our attorneys bring over four decades of combined legal experience and a direct working knowledge of the 7th Judicial Circuit. Our Daytona Beach office and second location in DeLand place us in the two cities where Volusia County probate hearings are actually held. The Volusia County Clerk of the Circuit Court maintains all probate and guardianship records for the county, and our familiarity with those procedures helps us avoid the missteps that delay administration.

Jeremy Buckmaster holds the designation of Florida Supreme Court Certified Family Mediator (No. 32580 F, 2015–present), a credential that becomes directly relevant when probate disputes involve family conflict and a negotiated resolution is preferable to court. He also holds a peer-reviewed Martindale-Hubbell rating and was named a 2016 Top Lawyer in Criminal Defense by the Daytona Beach News-Journal. David Ellzey carries a 10.0 Avvo rating and a peer-reviewed Martindale-Hubbell 5.0 out of 5.0 rating.

Estate administration requires legal competence and a clear-eyed understanding of family dynamics. We align our approach with each client’s personal and financial goals, helping protect the estate’s integrity while respecting what mattered to the person who created it.

Contact Buckmaster & Ellzey for Compassionate Guidance

Facing estate administration is daunting, and the legal steps involved can move quickly. We offer personalized consultations for families handling estate administration in Daytona Beach and throughout Volusia County.

Call us at (888) 785-6548 or reach out online to speak with our team about your family’s situation.

Frequently Asked Questions

How Long Does Estate Administration Take in Daytona Beach?

It can take anywhere from a few months to over a year, depending on the estate’s size, complexity, and whether disputes arise. 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, following the priority order outlined above. We help clarify your rights and support a lawful distribution process.

Can Estate Administration Be Avoided?

Yes. Through proactive planning, such as creating a living trust, it’s possible to bypass probate entirely. We help clients explore and establish estate planning tools that can protect assets and minimize court involvement while preserving privacy.

What Happens If a Dispute Arises?

Disputes among heirs or creditors can delay probate and increase costs. We work 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. Assets held in joint tenancy, payable-on-death accounts, or in a trust pass outside of probate and transfer directly to beneficiaries. We assess the estate thoroughly to identify which assets require probate administration and which don’t.

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, helping them meet legal obligations and reduce the risk of 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 support legal compliance and efficient estate management.

Is Court Appearance Always Required?

Not always. Many Florida probate proceedings are handled without formal court hearings. However, disputes, creditor claims, or will contests may require appearances. We handle communication with the court on your behalf and represent 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 so we can guide you through the next steps and help keep the estate administration process aligned with Florida law.