Ormond Beach Probate Attorney

Probate Lawyer in Ormond Beach, FL

Losing a loved one is a devastating experience that impacts almost every area of life. Processing your new normal without them is not easy, but navigating probate while doing so makes it especially difficult. If your loved one passes away without creating a plan to avoid probate in Florida, their assets must be distributed following probate proceedings. Probate can be complex and confusing, but an Ormond Beach probate attorney can help you through this process.

Writing wills is becoming less and less commonplace for Americans. In 2024, only 32% of adults reported that they had a will, a number that has been declining since 2023. If your loved one passes without a will or other estate plan, their estate will be distributed according to state law during probate. Luckily, experienced family law attorneys can help you through this process to reach a positive outcome.

The Law Office of Douglas A. Oberdorfer, P.A., has supported members of our community through probate for more than 20 years. Probate, however, is far from the only thing we can help with. If you have dealt with probate in the past and decided to leave an easier process for your loved ones after your death, our team can build an estate plan that meets your goals.

Florida Probate From Beginning to End

Florida Probate law can be difficult to understand and apply to your circumstances. There are many steps that must be handled before the decedent’s property can be distributed to beneficiaries. If handled incorrectly, some of these steps can result in a reduced estate value to be passed to beneficiaries. An experienced and trustworthy probate administration attorney can be a welcome resource while you navigate probate.

The Law Office of Douglas A. Oberdorfer, P.A., is familiar with the emotional nature of probate cases. Our understanding team stands ready to support you through probate administration from beginning to end. We can help with:

• Formal administration
• Summary administration
• Asset valuation
• Asset distribution
• Negotiating creditors’ claims and closing accounts
• Following the decedent’s wishes
• Mediating disputes between heirs and beneficiaries
• Conservatorships and guardianships

Probate is one way for an estate to pass to the decedent’s beneficiaries, but it is far from the only route. In fact, there are faster and less complex methods available. There were more than 83,000 probate filings in Florida in the 21/22 fiscal year, a number that could have been reduced if the decedents had created certain types of estate plans. Whether you are navigating your loved one’s estate or would like to develop your own estate plan, the Law Office of Douglas A. Oberdorfer, P.A., is here to help.

Probate Process in Florida

Probate is a legal process created to fully resolve a decedent’s estate. It is important to note that this does not just mean distributing property to the beneficiaries — there are several steps that must occur before that can happen. Parts of the probate process in Florida include:

• Validating the will of the decedent in probate court
• Identifying and inventorying the decedent’s personal property
• Valuing the decedent’s assets
• Sending notice to creditors and paying any valid debts
• Filing the decedent’s taxes
• Funding attorney and court fees from estate assets
• Distributing the remaining property in the estate to beneficiaries per the will or Florida law

The personal representative of an estate is responsible for correctly handling every part of probate in Ormond Beach. Mistakes can result in delayed property distribution to beneficiaries, as well as civil or criminal liability if the error is serious or intentional. The Law Office of Douglas A. Oberdorfer, P.A., can eliminate these risks and help you correctly close your loved one’s estate.

FAQs About Ormond Beach Probate Law

Q: Can a Will Be Declared Void During Probate in Florida?

A: A will can be declared void during probate in Florida if there was fraud, undue influence, duress, or a mistake during the creation of the will. It is possible for a portion of the will to be found void while other portions are still honored. If you want to protect your loved one’s wishes or have concerns about their will, the Law Office of Douglas A. Oberdorfer, P.A., may be able to help.

Q: How Long Do You Have to File Probate After Death in Florida?

A: You typically have 10 days following the decedent’s death to file a will with the relevant Florida court. There is no penalty for missing this deadline, but it can cause potential delays and complications in the future. One of the main issues is that beneficiaries cannot receive their inheritance until other portions of probate have been completed.

Q: What Is a Lady Bird Deed in Florida?

A: A Lady Bird deed in Florida allows the property owner to put their home in a type of estate until their death. Only five states, including Florida, allow citizens to use Lady Bird deeds. A Lady Bird deed is an inexpensive method that allows the home to avoid passing through probate. The Law Office of Douglas A. Oberdorfer, P.A., can further explain the benefits and drawbacks of using a Lady Bird deed.

Q: What Are the Types of Probate Administration in Florida?

A: There are three types of probate administration in Florida. The right choice for your loved one’s estate depends on factors such as the value of the estate, how long it has been since the decedent’s death, and the property within the estate. Your attorney understands these nuances and can help you choose the right type of probate.

Resolving Probate in Ormond Beach, FL

Though Ormond Beach is known as the “birthplace of speed,” it is important to slow down and focus on healing following a loved one’s death. This can feel impossible if you are also wading through unknown terms like testate, devisee, nonprobate asset, power of attorney, and living trust during probate.

Fortunately, the Law Office of Douglas A. Oberdorfer, P.A., can shoulder many responsibilities associated with probate, as well as thoroughly explain terms and processes that may arise. For over 20 years, we have been an invaluable resource for our community and would consider it a pleasure to become a resource for you and your loved ones. If you have questions about probate or other family law issues like creating an estate plan, reach out to our compassionate team today.

Ormond Beach, FL Probate Resources

• How Much Does Probate Cost?
• How Much Does A Probate Lawyer Cost in Florida?
• What Assets Are Exempt from Probate?
• Probate Process Without A Will
• How Long Does Probate Take Without Will?