Daytona Beach, FL Probate Lawyer Serving Volusia County, Florida
Probate Attorneys Serving Daytona Beach and Volusia County, Florida. We Provide experienced Probate Legal for all of Central Florida and the entire State of Florida.
Call 863.250.2990 today to schedule a Free Consultation with our skilled Probate attorneys.
Over 50 Years of Probate Experience
The passing of a loved one is an emotional time, and the legal process that follows, known as probate, can add a layer of stress and confusion. In Daytona Beach and throughout Volusia County, all probate matters are handled by the 7th Judicial Circuit Court. Navigating this system requires a firm understanding of the specific local rules and procedures.
At MTM PROBATE, our attorneys provide professional and compassionate legal guidance to help you through the probate process. We are committed to making the administration of the estate as smooth and efficient as possible, allowing you to focus on what matters most. Whether you reside in Volusia County or are an out-of-state personal representative, we are here to assist.
Our Comprehensive Probate and Estate Services in Daytona Beach and Volusia County, Florida
We offer a full range of legal services to address all your probate and estate needs in the Daytona Beach area, including:
- Formal Administration: The standard probate process for estates with assets valued over $75,000. Our team manages all aspects of this process, including the court appointment of a personal representative, asset inventory, creditor notifications, and the distribution of assets to beneficiaries.
- Summary Administration: A more streamlined and cost-effective option for estates valued at $75,000 or less, or for those where the decedent has been deceased for more than two years. We help you determine if your case qualifies for this expedited process.
- Ancillary Administration: Required when a non-Florida resident dies owning real estate or other property in Volusia County. We assist out-of-state families in fulfilling all necessary Florida legal requirements to properly transfer title.
- Estate Litigation: We represent clients in a wide array of disputes that can arise during probate, such as challenges to a will, claims of undue influence, or improper actions by a personal representative.
- Real Estate Litigation: We handle legal conflicts related to real property owned by the estate, including title disputes and improper transfers.
- Trust Litigation: Our attorneys are experienced in resolving disputes concerning the validity or administration of a trust.
- Will Contest: We provide robust legal representation for clients involved in disputes over the validity of a will, based on grounds such as lack of capacity, improper execution, or fraud.
- Intestate Succession: When a loved one passes away without a valid will, Florida's laws of intestacy dictate how assets are distributed. We guide heirs through this process to ensure a proper and lawful distribution of the estate.
What Makes Probate in Volusia County Unique?
While Florida's probate law is uniform statewide, the practical administration of an estate in the 7th Judicial Circuit has its own specific characteristics. Our familiarity with the local court's procedures is a significant advantage.
Key aspects of the probate process in Volusia County include:
- Multiple Courthouses: The 7th Judicial Circuit has courthouses in several locations, including Daytona Beach and DeLand, and probate filings may be assigned to a specific location based on the decedent's last known address. Our team is prepared to handle filings and proceedings at all appropriate venues within the county.
- Emphasis on E-Filing and Checklists: The Volusia County Clerk of the Circuit Court has specific requirements for e-filing. The court also provides detailed checklists for different types of probate cases, and adherence to these is essential to prevent delays. We ensure all filings are complete and accurate from the start.
- Local Administrative Procedures: The court has established administrative orders and local rules that govern everything from how to schedule a hearing to the specific format for proposed orders. Our attorneys are intimately familiar with these rules, which helps to streamline the process and avoid common mistakes that can delay a case. For example, the court requires proposed orders to be submitted in a specific format and will not enter an order until all accompanying documentation has been properly filed and docketed.
Additional Estate and Elder Law Services
Proactive estate planning can often prevent the need for probate and litigation altogether. We offer a full suite of services to help you plan for the future and provide for your loved ones.
Our additional legal services include:
- Estate Planning: We help you create a comprehensive plan that protects your assets and ensures your wishes are carried out.
- Last Will and Testament: The cornerstone of any estate plan, a will provides clear instructions for the distribution of your property.
- Living Will and Advance Healthcare Directive: These documents ensure your medical wishes are honored if you become incapacitated.
- Power of Attorney: This legal instrument grants a trusted person the authority to make financial or medical decisions on your behalf.
- Conservatorships and Guardianships: We assist with the legal process of appointing a guardian to manage the affairs of a minor or an incapacitated adult.
- Trust Creation: We can help you establish various types of trusts to protect assets, avoid probate, and provide for your beneficiaries.
If you are dealing with a probate matter or need to establish an estate plan in Daytona Beach or Volusia County, contact MTM PROBATE today. We are here to provide the expert legal guidance and support you deserve.
If you have questions about Probate issues, don’t wait—make sure your legal rights are protected. Call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.
If you are wondering where to find a Probate Lawyer near me in Daytona Beach, FL and throughout the State of Florida, The MTM Law Firm PLLC is the Law Firm to call. We have a combined 50 years experience in Probate legal matters.