Probate Attorney

It’s always a difficult time when a loved one passes away, but carrying out their wishes should not be. At Clements Law, P.A., our probate attorneys work with Families, friends, and personal representatives to settle their loved one’s estate, and represent clients in the event their loved one’s wishes aren’t being followed. We represent clients throughout Volusia County, Florida, including the cities of DeLand, DeBary, Deltona, Lake Helen and Orange City.

What is Probate

Probate is a court-supervised legal process of administering the final affairs of a deceased person's estate in accordance with a Last Will or per Florida law if a person dies intestate (without a legally valid will). The probate process is managed by a designated personal representative (executor) approved by the court with the fiduciary responsibility of administering the estate under Florida law, which includes paying creditors, filing tax returns, and distributing assets to heirs, to name a few. Learn More about Probate >

Types of Probate in Florida

Florida has two types of probate: formal administration and summary administration.

Formal Administration

Formal administration is the standard probate process that will apply to most estates unless it qualifies for a simpler summary administration. During a formal probate administration, the Volusia County Circuit Court in DeLand closely supervises the collection and distribution of assets to heirs and beneficiaries until the estate is closed.

Summary Administration

Summary administration is a simpler probate process that doesn’t require the designation of a personal representative. To qualify for summary administration, the entire estate's value must be not more than $75,000, OR the person has been deceased for over two years.

Why Hire a Probate Attorney?

Hiring a probate attorney can help ease the burden of going through a long, complicated legal process after the death of a loved one. A probate attorney manages the entire probate process by protecting the estate’s assets, identifying non-probate assets, representing the estate in court proceedings, resolving will and trust disputes, locating heirs and beneficiaries, and defending the estate against lawsuits. In addition, since a personal representative can be held liable for improper probate management, hiring a probate attorney will help ensure the estate's affairs are administered correctly under Florida law.

Will and Trust Litigation

Will and trust disputes can arise over the administration of probate or a trust when a beneficiary is challenging the validity of a will or trust, does not believe they are getting their share of the assets, or other legal disputes. A probate attorney with solid will and trust litigation experience like Clements Law will protect and defend the estate's interest, and ensure that that a person’s wishes are being followed according to their will or trust.

To schedule a consultation with one of our experienced probate attorneys, contact us at 386-740-0037. We also handle estate planning and other elder law legal matters.

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