Bogin, Munns & Munns P.A.
(855) 780-9986
(855) 780-9986
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Click Here to Request a Consultation
Bogin, Munns & Munns

Daytona Beach Probate Attorneys

Your legal issues need our expertise. With 40+ dynamic attorneys on staff, Bogin, Munns & Munns serves Central Florida’s legal needs and treats our clients like family.
1616 Concierge Blvd, #200 Daytona Beach, Florida 32117 386-270-4999 View all Google Reviews here
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On This Page
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  1. What Actually Triggers Probate in Florida?
  2. Does a Will Written in Another State Hold Up in Florida?
  3. Formal Administration vs. Summary Administration: What Applies Here?
  4. What Happens to a Florida Condo or Beachfront Property in Probate?
  5. What If the Family Is Not Based in Daytona Beach?
  6. Who Handles Probate at Our Daytona Beach Office
  7. Ready to Talk Through the Probate Process in Daytona Beach?
Daytona Probate Litigation Lawyer

Bogin Munns & Munns helps Volusia County families administer estates through the 7th Judicial Circuit — from initial filing to final distribution. When a loved one passes away, the assets they held solely in their name often require court intervention before they can be transferred or sold. We provide the legal infrastructure to navigate Volusia County’s probate requirements efficiently, whether you are a local resident or managing the estate from out of state.

Call our Daytona Beach office at (386) 763-2092 for a free consultation.

What Actually Triggers Probate in Florida?

Probate is required for any asset owned solely by the decedent at the time of death that lacks a beneficiary designation or trust instructions. This includes real property, vehicles, and bank accounts titled in the deceased person’s name alone.

  • Assets bypassing probate: Jointly held property with rights of survivorship, assets with named beneficiaries (e.g., life insurance/retirement), and assets held in a properly funded revocable living trust.

We review asset titling and beneficiary designations during our initial consultation. You can find general procedural information at flcourts.gov and specific county filings through the Volusia County Clerk of Court.

To consult with an experienced probate litigation lawyer serving Daytona Beach
(855) 780-9986

Does a Will Written in Another State Hold Up in Florida?

Yes, Florida generally recognizes a will as valid if it was executed in compliance with the laws of the state where it was signed. However, the document must still meet specific execution standards, and its terms may be subject to Florida law regarding issues like homestead property or the rights of a surviving spouse.

This is one of the most common questions we hear from families coming to Daytona Beach from Ohio, New York, Pennsylvania, and other states where a parent or spouse had lived before retirement. We review out-of-state wills before opening any probate proceeding so families know what they are working with and whether the document will hold up in the 7th Judicial Circuit.

Formal Administration vs. Summary Administration: What Applies Here?

Florida offers two main probate paths, and the right one depends on the size of the estate and when the person died.

an eldery couple consulting an estate planing lawyer, sitting at the table checking papersSummary administration is available when the total probate value of the estate is $75,000 or less, excluding protected homestead property, or when the person has been deceased for more than two years. It is faster, typically resolving in four to six months, and involves fewer court appearances.

Formal administration is required for larger estates or when summary administration is not available. A personal representative is appointed by the court and manages the estate through the full process, including creditor notice periods, inventory, accounting, and final distribution. This typically takes six months to over a year. We assess which track fits before filing anything.

Daytona Beach Probate Litigation Lawyer Near Me
(855) 780-9986

What Happens to a Florida Condo or Beachfront Property in Probate?

Real estate titled solely in the deceased person’s name in Volusia County cannot be sold, transferred, or refinanced without court authority through the probate process. This applies equally to a modest condo near Daytona Beach International Speedway and to a beachfront property on Atlantic Avenue.

Florida’s homestead protections add a layer of complexity. The state constitution protects a primary residence from creditors during the owner’s lifetime and restricts who can inherit it after death if a spouse or minor children survive. A surviving spouse who expected to inherit the family home outright may find the rules work differently than assumed when the property was not titled with survivorship rights.

Condo association rules and community documents also sometimes create notification requirements when a unit owner dies. We address those obligations as part of the probate administration.

What If the Family Is Not Based in Daytona Beach?

If you are managing an estate from outside Florida, you do not need to be physically present in a Volusia County courtroom; we act as your local legal presence to manage filings, court appearances, and creditor notices on your behalf. We bridge the distance gap, providing the legal infrastructure to ensure the probate process moves forward efficiently while you manage your life elsewhere.

Older adult reviewing medical bills and financial documents on a laptop while recovering from injuries after an accident.Volusia County is home to many who relocated from the Midwest and Northeast. If you are managing an estate from Ohio, Michigan, New York, or Pennsylvania, you face the logistical burden of coordinating a Florida court process while living hundreds of miles away. Helping remote families navigate Florida law is a core part of our practice.

Helping Remote Families Navigate Florida Law

We bridge the distance gap, providing legal clarity and administrative support so you are never left guessing about the status of your family’s estate:

  • Eligibility Check: Florida law (Section 733.304) has specific rules for personal representatives who live outside the state. We verify your status before any court appointments are made, avoiding procedural delays or disqualifications.
  • Virtual Communication: We keep you fully informed through every step of the probate process. You do not need to be physically present in a Volusia County courtroom; we manage the filings and court appearances on your behalf.
  • Federal Benefits Coordination: You are likely eligible for Social Security survivor benefits that exist entirely outside of the Florida probate system. We identify these entitlements during our initial review to ensure you do not leave federal funds unclaimed while the estate is tied up in court.

Your “Local Eyes and Ears” in Volusia County

You don’t have to navigate Florida’s probate requirements from your home state. We provide the comprehensive oversight needed to settle the estate efficiently, regardless of where you are located. We handle the local filings, the court requirements, and the administrative burden, allowing you to focus on your family.

Call 386-763-2092 or contact us online to talk through your family’s probate situation. 

Click to contact our Daytona Beach Probate Attorneys today

Who Handles Probate at Our Daytona Beach Office

David Pilcher

David Pilcher, Daytona Beach Probate Lawyer

David Pilcher is an estate planning and probate attorney at Bogin Munns & Munns whose practice has been dedicated exclusively to estate planning and probate law throughout his career. He began as an associate and later became a partner at firms focused entirely on this area before joining our firm, where he now serves clients across Central Florida, including Daytona Beach and Volusia County. 

As a lifelong Floridian, he recognized early that the state’s growing retiree population would need thoughtful legal support, and that recognition has shaped the kind of practical, personalized probate counsel he provides. His favorite moment in practice is when a client, after signing their estate planning documents, tells him they will finally sleep better knowing it is handled.

Our Daytona Beach office is at 1616 Concierge Blvd, Suite 200. We serve families in Daytona Beach, Ormond Beach, Port Orange, New Smyrna Beach, DeLand, and throughout Volusia County.

Past results do not guarantee future outcomes. Case results depend on individual facts and circumstances.

Ready to Talk Through the Probate Process in Daytona Beach?

Volusia County probate follows the 7th Judicial Circuit’s specific procedures, timelines, and filing requirements. Families who have never been through this in Florida, especially those managing it from another state, often underestimate how much coordination the process requires.

We work with families in Daytona Beach, Ormond Beach, Port Orange, and throughout Volusia County on probate administration, will contests, and estate-related real estate matters. Our office is at 1616 Concierge Blvd, Suite 200.

Bogin Munns & Munns also handles estate planning, personal injury, criminal defense, immigration, bankruptcy, real estate, and workers’ compensation from 11 offices across Central Florida, including Orlando, Melbourne, and Gainesville.

Call 386-763-2092 or contact our Daytona Beach office online to schedule a probate consultation. 

 

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Frequently Asked Questions

  • Summary administration in Volusia County typically resolves in four to six months. Formal administration, required for estates with more than $75,000 in probate value or where summary administration is otherwise unavailable, generally takes six months to over a year. Creditor claim periods, contested assets, and the 7th Judicial Circuit’s scheduling all affect the timeline. The process does not move faster simply because the estate is small.

  • Florida law does not prohibit out-of-state personal representatives in all situations, but non-Florida-resident relatives who do not meet the statutory relationship requirements cannot serve without hiring a Florida-licensed attorney. Even when you qualify to serve, managing court filings, creditor notices, and asset inventory from another state without local legal support leads to delays and procedural errors. 

  • The written will controls. What a person said they intended, told family members, or wrote in a letter does not change the terms of the legal document. If family members believe the will was signed under undue influence, was the product of diminished capacity, or was improperly executed, those are grounds for a will contest in the 7th Judicial Circuit. 

  • If the property was titled solely in your parent’s name at the time of death, yes. Real estate in Florida cannot transfer without either a trust, a deed with survivorship rights, or a court order issued through probate. If the property was held jointly with right of survivorship, it transfers automatically to the surviving owner without court involvement. 

  • Florida law sets presumptively reasonable attorney fees for probate as a percentage of the estate’s gross value. For a $300,000 estate, the statutory fee is approximately $9,000 before any extraordinary services. Court filing fees, creditor notice publication costs, and personal representative compensation are separate. We review anticipated costs at the start of every case. In many situations, a properly funded trust would have transferred the same assets for significantly less total cost.

  • When someone dies without a will in Florida, the estate is considered intestate, and the statutory succession formula controls who inherits. A surviving spouse may receive everything or share the estate with the deceased’s children, depending on whether those children are also the spouse’s. Without a spouse, assets pass to children in equal shares, then to parents, siblings, and beyond. The formula does not accommodate personal wishes, blended family dynamics, or informal agreements. 

  • For most probate proceedings, appearances are managed by your attorney. Family members who are out of state typically sign and return documents by mail or electronically and are not required to appear in the DeLand courthouse for routine proceedings. If contested matters arise that require a hearing, in-person or remote appearance options may be discussed at that time. 

  • Estate debts must be paid from estate assets before any distribution to beneficiaries. The personal representative publishes a notice to creditors, which gives creditors a set window to file claims against the estate. Valid claims are paid in a priority order set by Florida law. Some debts, like federal and state taxes, take priority over others. 

  • A Lady Bird deed, formally called an enhanced life estate deed, is a Florida planning tool that allows a property owner to designate who receives real estate at their death while retaining full control during their lifetime. Property transferred by a Lady Bird deed does not go through probate. It passes automatically at death to the named remainderman outside the court process.