Probate Lawyer Daytona Beach, Florida

How does probate work in Daytona Beach?

Daytona Beach probate cases are filed with the Volusia County Clerk of Court (Laura E. Roth) and heard in the 7th Judicial Circuit Court. The 7th Judicial Circuit covers four counties: Volusia, Flagler, Putnam, and St. Johns.

Volusia County maintains two main courthouse locations for probate matters. Daytona Beach residents primarily file at the local courthouse:

• Steven C. Henderson Judicial Center (Daytona Beach): 125 E. Orange Ave., Daytona Beach, FL 32114. The primary venue for Daytona Beach probate matters.
• Volusia County Courthouse (DeLand): 101 N. Alabama Ave., DeLand, FL 32724. The Volusia County seat, approximately 30 minutes from Daytona Beach.

The basic sequence is the same in every Florida case:

1. File the petition with the Volusia County Clerk, along with the original will if there is one.
2. Letters of administration issue. The court formally appoints the personal representative.
3. Notify creditors. Notice published in a Volusia County newspaper, and known creditors served directly.
4. Inventory and appraise the estate within 60 days of letters issuing.
5. Resolve creditor claims within the 90-day window.
6. Pay debts and taxes. Most Florida estates owe no state tax.
7. Distribute remaining assets to beneficiaries per the will or under intestacy.
8. Close the estate with a final accounting and PR discharge.

Our full walkthrough of the first 30 days is in how to start the probate process in Florida after a loved one passes.

Formal vs. summary administration: which applies in Daytona Beach?

Our full guide on summary administration in Florida walks through qualifying criteria and required documents.

Daytona Beach probate timeline and cost

Court filing fees and publication costs typically run a few hundred dollars combined. Attorney and personal representative fees are governed by Florida Statute 733.6171 and 733.617, which set presumptively reasonable percentages of estate value. Most attorneys negotiate flat or hourly fees below the statutory percentages for routine cases.

What are the duties of a personal representative in Florida?

The personal representative (Florida's term for executor) is a fiduciary, personally liable for breaching their duties. Major obligations under Chapter 733 of the Florida Statutes:

• Marshaling the estate's assets and protecting them from loss
• Notifying known creditors and publishing notice to unknown creditors
• Filing an inventory within 60 days of letters issuing
• Paying valid debts, taxes, and expenses of administration
• Distributing remaining assets per the will (or under intestacy if there's no will)
• Filing accountings with the court and a final accounting at closing
• Acting impartially among beneficiaries and avoiding self-dealing

Our breakdown of what Florida personal representatives are legally required to do covers each duty, including the deadlines that most often trip up first-time PRs.

Which assets skip probate in Florida?

• Assets in a revocable living trust. The trust owns the property, so nothing to probate.
• Jointly titled property with right of survivorship. Passes automatically to the surviving owner.
• Tenancy by the entireties property (between married couples). Passes to the surviving spouse.
• Beneficiary-designated accounts. IRAs, 401(k)s, life insurance, annuities, POD/TOD accounts.
• Florida homestead, treated specially under the Florida Constitution.

Full breakdown in probate vs non-probate assets in Florida.

Can out-of-state heirs handle Daytona Beach probate?

Yes. We handle Daytona Beach probate cases for beneficiaries and personal representatives who live outside Florida. This is especially common in Daytona Beach given the significant snowbird and second-home population along A1A and the oceanfront.

Out-of-state PRs face a few additional requirements:

• The non-resident PR must be a qualifying relative under Florida Statute 733.304, or serve alongside a Florida resident co-PR
• If the decedent owned real estate in Florida but lived elsewhere, the case may proceed as ancillary administration alongside the primary probate in the home state
• Florida courts allow most filings to be handled by Florida counsel without the PR appearing in person; in-person appearances at the Steven C. Henderson Judicial Center are rare and usually only for contested hearings

Our full guide on how out-of-state heirs can navigate a Florida probate case covers the qualifying-relative rules, ancillary administration, and the practical logistics.

What happens if a Daytona Beach resident dies without a will?

This is called dying intestate. Florida Statute 732 governs how the estate gets distributed, and the order is fixed.

The basic Florida intestate hierarchy:

• Spouse and no descendants: entire estate to spouse
• Spouse and descendants, all common to both: entire estate to spouse
• Spouse and decedent's descendants from a prior relationship: 50% to spouse, 50% to descendants
• Spouse and spouse's descendants from a prior relationship: 50% to spouse, 50% to decedent's descendants
• Descendants but no spouse: entire estate to descendants per stirpes
• No spouse or descendants: parents, then siblings, then more distant relatives

The full hierarchy and the surprises it produces (especially for blended families and unmarried partners, who get nothing under intestacy) are covered in our guide to Florida intestacy laws.

To prevent intestacy for your own family, see our estate planning practice.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's probate, estate planning, trust administration, elder law, and asset protection practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He's a member in good standing of the Florida Bar, which gives the firm statewide standing to represent estates in any Florida judicial circuit.

Full attorney bios on our attorneys page.

The firm's two offices are in South Florida, approximately four hours south of Daytona Beach:

• West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
• Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432

Most Daytona Beach probate work happens remotely. Documents are signed via mail or remote online notarization (RON). Court filings are handled by counsel. Client meetings happen by phone or video. Our Daytona Beach and Volusia County clients do not need to travel to South Florida for routine probate matters.

Probate often touches the firm's other practice areas: estate planning to avoid probate going forward, trust creation for revocable trust structures, and title insurance for estates with Florida real estate to sell.

Frequently Asked Questions