Palm Coast Probate Attorney

Probate Attorney in Palm Coast, FL

Probate is the legally structured distribution of assets that happens when a person passes away. It involves a Florida court overseeing the distribution of the person’s assets, either according to their will or by state laws if there is no will. Probate tends to be costly and lengthy, adding to your loved one’s stress after your death. Working with a Palm Coast probate attorney can help streamline the entire process.

Why Choose Us?

The Law Office of Douglas A. Oberdorfer, P.A., understands how overwhelming a loved one’s death is. Douglas A. Oberdorfer has been working professionally for 20 years, helping his clients move forward after difficult times.

Between 2021 and 2022, there were 77,344 probate cases filed in the state of Florida. Almost everyone will have to experience the probate process one day. You need a lawyer you can rely on during that time. Since 2003, the Law Office of Douglas A. Oberdorfer, P.A., has been a pillar in Florida’s legal community. We’re happy to offer prospective clients free consultations.

Types of Probate in Florida

Palm Coast was incorporated in 1999, making it one of the state’s newest towns. It’s common for people to move to Palm Coast to retire due to its lower cost of living, expansive scenic views, and relaxing activities, such as fishing, boating, golfing, and hiking. In 2023, the average resident age was 50.8. It’s important to complete your estate plan to make the probate process easier for your loved ones.

There are two main types of Florida probate that a person’s estate may go through after they pass away:

1. Formal administration. This is the most common method of probate, and it is used for larger or complex estates.
2. Summary administration. This may be used for smaller estates valued $75,000 or less. It can also be used when the deceased has been dead for more than two years. This process is faster and cheaper than formal administration.

The probate process for Palm Coast residents is typically overseen by the Kim C. Hammond Justice Center, located at 1769 E. Moody Boulevard in Bunnell.

What’s Included in an Estate?

Probate only applies to certain assets, called probate assets. These include assets owned solely by the deceased, or assets co-owned without automatic transfer arrangements. A person’s estate can include:

• Real Estate: With the average home value in Palm Coast being $344,174 in 2025, real estate is often the highest-value asset one can own. Having a valid will in place is key during the probate process in FL. Knowing that your home will be distributed according to your desires can give you peace of mind.
• Bank accounts and cash
• Retirement accounts
• Collectibles, such as cars or artwork
• Personal belongings
• Investments and stocks

The Probate Process

If the deceased had a will, they likely named a personal representative. If there is no will, the surviving spouse or heirs may be appointed as the personal representative.

The personal representative is a trusted individual who must handle probate. This responsibility can be overwhelming, as they have to comply with state laws and follow strict rules. Be sure to hire a probate attorney to help guide you through this process.

The personal representative must:

• Identify and gather the deceased person’s assets
• Pay off any debts or outstanding taxes with the assets. Taxes owed to the IRS may include the deceased’s final income tax return, estate income taxes, or gift and estate taxes. Florida does not impose state estate taxes, but certain other taxes may apply.
• Distribute the remaining assets to those named in the will. Surviving family members, such as a spouse or children, may have rights to some assets, even if the will does not leave them anything.

This includes rights to the home, an elective share of the estate, or a family allowance for living expenses while the estate is being settled. This can easily become contested, making it important to work alongside a compassionate lawyer to help smooth things over.

Probate usually takes several months to complete. Complex estates may take longer if there are disputes or real estate sales involved.

FAQs About Probate in Palm Coast, FL

Why Is Estate Planning Important?

If someone doesn’t have an estate plan, including having a will, it means that their assets won’t be distributed according to their wishes. Instead, they’ll be distributed according to state law. If there’s a surviving spouse with or without children, the spouse gets the entire estate. If there are no spouse or children, the estate may go to parents, siblings, or more distant relatives. This makes it more difficult for loved ones, as they may argue over assets.

What Is a Living Trust?

A living trust is a legal document that allows a person to put specific assets into a trust. Doing so will mean those assets avoid probate altogether, ensuring a streamlined process after you die. There are various types of trusts one can set up, all with their own rules and regulations. Working with a Palm Coast estate planning lawyer can help ensure your loved ones avoid the stress of full probate.

Who Cannot Be a Personal Representative?

Not everyone can serve as a personal representative to a deceased person’s estate. People who are under 18, convicted of a felony, or unable to handle the duties because of mental or physical limitations are not allowed to serve. Almost anyone else can qualify as a personal representative. Florida law acts according to the deceased’s will. If one doesn’t exist, the court will appoint its own personal representative.

What Is the Disposition of Personal Property Without Administration?

Disposition of personal property without administration is a process that allows people to get reimbursed for paying a deceased person’s final expenses. Prepaid funeral plans or bills covered by insurance do not count. Eligible expenses include funeral costs up to $6,000 and medical bills from the last 60 days of the person’s life. Surviving spouses or children may also claim certain exempt property, such as up to two cars and household items valued up to $20,000.

Hire a Probate Attorney Today

When you work with the team at the Law Office of Douglas A. Oberdorfer, P.A., you’re working with Florida residents who truly care. Contact our team today to learn how we can help you during the probate process. We offer free consultations to residents of Palm Coast and the surrounding cities.

Palm Coast, FL Estate Planning Resources

• How Much Does A Probate Lawyer Cost in Florida?
• What Assets Are Exempt from Probate?
• How Long Do You Have To File Probate After Death?
• Probate Process In Florida Without A Will