St. Augustine Estate Planning Lawyer

Estate Planning Attorney in St. Augustine, FL

A will alone does not keep your family out of probate court. Many people in St. Augustine sign a will and assume that it handles everything. But a will is proven and carried out through probate, not around it. Which tools actually keep your assets out of court depends on what you own, how it is titled, and who you want to receive it.

We know how unsettling it can feel not knowing which documents apply to your situation. At the Law Office of Douglas A. Oberdorfer, P.A., a St. Augustine estate planning lawyer can match your plan to your specific assets and goals. Douglas A. Oberdorfer has practiced law in Florida since 1998 and was named a 2026 Super Lawyer in Estate Planning & Probate.

Protect your legacy and give your family peace of mind. Contact us today to schedule your free consultation and discover the right estate planning strategy for your goals.

Why Families Work With an Estate Planning Attorney in St. Augustine

No two estates are the same, and no two plans should look identical. The Law Office of Douglas A. Oberdorfer, P.A. tailors a plan to your individual circumstances, your assets, and the people you want to provide for. A thorough plan can enable your family to avoid probate court and direct assets to the people and organizations you choose.

It can also protect your interests if you become unable to manage your own affairs. Estate planning can involve a lot of moving pieces, from account titling to beneficiary designations to the wording of a trust. Getting those pieces to work together is what makes a plan hold up when your family needs it.

What a Florida Estate Plan Can Actually Do for Your Family

The main goals people have when they sit down to plan their estate usually include:

• Protecting their assets and income while they’re alive
• Spelling out how their assets should be distributed after death
• Providing financial benefits to the people they care about
• Keeping as much of their estate out of probate court as possible
• Giving someone legal authority to make medical or financial decisions if they become incapacitated
• Reducing how much of the estate goes to taxes and court costs

A single document rarely covers every one of these goals at once, which is why most complete plans combine more than one legal tool.

Why Avoiding Florida Probate Matters for Your Family

Certain documents in an estate plan let your family skip the probate process entirely, or move through a shorter version of it. Under Chapter 733 of the Florida Statutes, formal probate administration identifies the assets in an estate, pays valid creditors, and divides what remains among heirs according to a will or Florida’s inheritance laws.

That process can take months or longer to finish. While an estate sits in probate, your family cannot touch those assets, and a portion of the estate can go to court costs and creditor claims before anyone receives anything. Probate is also a public proceeding, so the value of your estate and who receives it become part of the public record.

Probate administration is a normal part of settling many estates, but a plan built around trusts, proper titling, and beneficiary designations can keep much of it out of court. That can shorten the time your family spends waiting and reduce what is lost to the process.

Documents Your St. Augustine Attorney May Recommend

The documents that make sense for you depend on the size of your estate, what you own, and your goals for asset protection and distribution. A comprehensive plan commonly draws from the following:

• Wills: A will lists the assets in your estate, names who should receive them, appoints an executor to carry out your wishes, and names a guardian for any minor children. Without a valid will, Florida’s intestacy law decides who inherits your property, and that result may not match what you want. A will alone is still a public document that goes through probate, so it does not avoid the process by itself.
• Trusts: A trust is a legal arrangement that holds assets during your life and after your death, and it can keep those assets out of probate court entirely. With a revocable trust, you can act as your own trustee and keep full control over the assets while you are alive. When you die, the person you named as successor trustee takes over and distributes the assets without court involvement.
• Powers of attorney: This document lets you name someone to make financial or legal decisions for you if you become unable to make them yourself. That person is often a spouse, adult child, or trusted friend. Without one, your loved ones may have to petition a court for the authority to pay your bills or manage your accounts. That costs time and money and can lead to disputes among family members.
• Advance directives: Often called a living will, an advance directive states your wishes for medical treatment if you cannot speak for yourself, including what procedures you do or do not want. It typically also names a healthcare surrogate, someone authorized to make medical decisions on your behalf following those instructions.

What Sets Douglas A. Oberdorfer Apart?

Douglas A. Oberdorfer is licensed to practice in both Florida and North Carolina. He is a member of the Florida Bar‘s Elder Law, Family Law, and Real Property, Probate & Trust sections. Those are the same areas of practice that come up again and again in estate planning.

They range from naming a guardian for a minor child to structuring a trust around real property. Before opening his own practice, Oberdorfer worked as a state prosecutor, and he has described that work as meaningful every single day.

He brings that experience to helping clients choose the documents that fit their estate rather than a one-size-fits-all package.

What Florida’s 2026 Small-Estate Law Change Means for Your Plan

Florida recently made it easier for smaller estates to avoid full probate. Summary administration is a shorter, less expensive alternative to formal probate. Effective July 1, 2026, the legislature raised its dollar limit from $75,000 to $150,000.

Under Florida Statutes Section 735.201, an estate qualifies for this faster process when the property subject to administration in Florida is $150,000 or less. Exempt assets, such as homestead property, do not count. It can also qualify when the person has been dead for more than two years.

This change can mean a faster path through the courts for some families, but it does not replace the need for a will or trust that says who gets what and in what order.

Probate and Trust Filings in St. Johns County

Probate is common across Florida, and the numbers from the Florida Office of the State Courts Administrator show why planning ahead matters. Statewide, probate cases made up 51.8% of all circuit probate division filings in Florida during the 2024-25 fiscal year, while trust filings accounted for just 0.5% of those same filings.

In St. Johns County, part of the Seventh Judicial Circuit, the probate division recorded 854 probate filings and 1,485 total probate division filings that year. That gap between how often people end up in probate court and how rarely trusts end up in court is a reason to ask whether a trust could keep your estate out of court altogether.

If you live in St. Johns County or have family here, it helps to look into these options before a death in the family forces the issue. Meeting with a lawyer ahead of time gives you the chance to review how your assets are titled.

Frequently Asked Questions

What Is the Average Cost for Estate Planning in St. Augustine?

The cost of estate planning in Florida depends on how complex your plan needs to be. Simple wills or basic estate documents typically require less preparation time and lower overall investment. Comprehensive plans involving trusts, asset protection strategies, powers of attorney, or out-of-state property involve significantly more detailed legal work and higher costs. Specialized arrangements, such as special needs planning, can also increase the complexity and cost.

What Is the Difference Between an Estate Lawyer and an Estate Planner?

A lawyer provides legal services for wills, trusts, probate, estate administration, and estate disputes. A planner helps map out how your assets should be distributed, and many estate planners are also lawyers or work closely with one to carry out the plan.

What Type of Attorney Do I Need for Estate Planning?

Look for an attorney who focuses on this area of law, often called a trust and probate lawyer. This kind of attorney can help with your will, trusts, power of attorney, healthcare directives, tax planning, and how to avoid probate. A general practice attorney may not focus on the details a comprehensive plan requires.

What Is the Difference Between Probate and Estate Planning?

Estate planning is the process of deciding what happens to your assets while you’re alive and after you pass away. Probate is the court process your estate goes through afterward to validate your will and approve the distribution of your assets.

Does Florida’s 2026 Summary Administration Change Mean I No Longer Need a Will or Trust?

Not necessarily. Summary administration still goes through the court. It still requires your heirs to show they are entitled to the assets, and it only applies within specific dollar limits or after the two-year mark. A will or trust remains the only way to say exactly who receives your property and how.

Where Is Probate Filed for St. Johns County Residents?

Probate cases for St. Johns County residents are filed with the St. Johns County Clerk of the Circuit Court and Comptroller. They are filed at the Richard O. Watson Judicial Center, located at 4010 Lewis Speedway in St. Augustine. That same building handles the county’s circuit court matters, including probate, trust, and guardianship cases. If you have questions about your own situation, reach out to schedule a free consultation and talk through your options.

Plan Your Estate With an Experienced St. Augustine Attorney Today

Estate planning can feel complicated, especially with Florida’s rules changing as recently as 2026. A knowledgeable attorney can help you sort out which documents apply to your situation.

Whether you are starting a plan for the first time or reviewing one you built years ago, a St. Augustine estate planning lawyer at the Law Office of Douglas A. Oberdorfer, P.A. can walk through your options with you. Contact us today to schedule a free consultation.

St. Augustine, FL Estate Planning Resources

• Florida Estate Planning Checklist
• Estate Planning vs Will vs Trust
• What is The Role of An Executor in Estate Planning?
• How Long Does An Executor Have To Settle An Estate?
• How To Choose an Estate Planning Attorney
• What To Expect in First Meeting With Your Estate Planning Attorney?