DeBary Probate Lawyer
The hours immediately following the death of a loved one are often a blur of phone calls, arrangements, and grief. Somewhere in the middle of that fog, someone will mention the word “probate,” and for most families, that word raises more questions than answers. Whether the deceased left a detailed will or passed without any estate planning documents at all, the legal process that follows can feel unfamiliar and, at times, overwhelming. Working with an experienced DeBary probate lawyer from the start gives your family a clear path forward during one of the most difficult periods you will ever face. At Bundza & Rodriguez, P.A., our attorneys have been guiding Volusia County families through the probate process since the firm was founded in 2007, and we are committed to handling every aspect of your case personally, not delegating it to a legal assistant or case manager.
What Happens in the First 48 Hours After a Death in Florida
Before probate formally begins, there is a period of immediate decisions that can either protect or complicate an estate. Death certificates must be ordered, and in Florida, the original will, if one exists, must be filed with the circuit court in the county where the deceased resided. This is not optional. Florida law requires that anyone holding an original will deposit it with the clerk of the circuit court within ten days of learning of the death. Failing to do so can create legal liability for the person holding the document.
During this same window, banks may freeze accounts held solely in the name of the deceased. If a surviving spouse or dependent relied on those accounts for daily expenses, this can cause immediate financial stress. Credit cards may stop working. Access to investment accounts can be restricted without proper legal authority. Knowing what to do and in what order matters enormously, and having a probate attorney available from the very beginning helps families avoid missteps that could slow the process down or expose them to liability later.
In Volusia County, probate matters are handled through the Seventh Judicial Circuit Court, located in DeLand. The process of formally opening an estate, appointing a personal representative, and beginning the orderly administration of assets typically starts within the first week or two after death. The sooner an attorney is involved, the smoother that process tends to go.
How Florida Probate Law Has Evolved and What DeBary Families Should Know
Florida’s probate laws have seen meaningful updates in recent years, particularly around formal administration procedures, the rights of creditors, and the handling of digital assets. The Florida Electronic Wills Act, which became fully effective in 2021, now permits wills to be executed electronically under specific conditions, a development that has started to change how estate planning documents are created and subsequently verified during probate. Families who encounter electronically executed wills during the probate process may find that courts require additional authentication steps, and having legal counsel familiar with these evolving requirements is critical.
Florida also operates under relatively strict creditor notification requirements. Once an estate is opened, the personal representative must notify known creditors directly and publish a notice to creditors in a local newspaper for two consecutive weeks. Creditors generally have 90 days from publication to file claims against the estate. This timeline sounds straightforward, but disputes over the validity of creditor claims are increasingly common, particularly when the deceased had medical debt, business obligations, or outstanding loans. A probate attorney can challenge improper or inflated claims, protecting the value of what ultimately passes to your family.
Another trend worth noting is the rise in disputes over beneficiary designations on retirement accounts, life insurance policies, and payable-on-death bank accounts. These assets pass outside of probate by operation of law, meaning the will has no control over them. In more recent years, courts across Florida have seen an increase in litigation over whether a beneficiary designation reflects the true intent of the deceased, particularly in cases involving outdated designations from prior relationships or marriages. Understanding the interplay between probate assets and non-probate assets is essential to managing an estate correctly.
The Probate Process Step by Step in Volusia County
Probate in Florida generally follows one of two tracks: formal administration and summary administration. Formal administration is used for most estates and involves appointing a personal representative, inventorying assets, paying debts, and distributing property to beneficiaries under court supervision. Summary administration is a simplified process available when the estate’s probate assets are valued at $75,000 or less, or when the decedent has been dead for more than two years. Choosing the right path at the outset affects both cost and timeline.
Once the court appoints a personal representative, that individual has significant legal responsibilities. They must locate and secure all assets, obtain appraisals for real property and valuable personal property, notify and respond to creditors, file estate tax returns if required, and ultimately distribute assets according to the will or Florida’s intestacy laws if no valid will exists. The personal representative can be held personally liable for mismanaging the estate, which is why legal guidance throughout this process is so important.
At Bundza & Rodriguez, P.A., attorneys Corey Bundza and Michael Rodriguez assist personal representatives at every stage of the process, from filing the initial petition at the Volusia County courthouse to closing the estate. As long-time Volusia County residents themselves, they understand the local court processes and work to handle each matter efficiently, reducing the burden on families during an already difficult time.
When Probate Becomes Contested: Estate Litigation in DeBary
Not all probate cases proceed smoothly. There are situations where a will is challenged on the grounds of undue influence, lack of testamentary capacity, fraud, or improper execution. These contests can arise when family members disagree about the validity of a document, when a loved one changed their will shortly before death under suspicious circumstances, or when someone outside the family appears to have exerted inappropriate control over the deceased during their final years. These cases require a different level of legal advocacy, one that extends beyond administration into active litigation.
Undue influence cases in particular have grown more common in Florida as the population ages. Elder financial exploitation remains a serious concern. Florida’s Agency for Health Care Administration and the Department of Elder Affairs have both documented rising trends in financial exploitation of older adults, and probate courts frequently encounter estates that appear to have been manipulated through coercion or deception. If you believe a family member’s estate was altered through improper influence, Bundza & Rodriguez, P.A. files legal actions on behalf of those who have been deprived of their rightful inheritance.
Even outside of outright fraud, family disagreements about asset distribution, the valuation of property, or the conduct of a personal representative can lead to litigation. Having an attorney who is equally comfortable at the negotiating table and in the courtroom is essential. Bundza & Rodriguez, P.A. brings that dual capability to every probate matter, always working first toward resolution but never hesitating to advocate aggressively in court when that is what the situation demands.
DeBary Probate FAQs
Does every estate in Florida have to go through probate?
Not necessarily. Assets held in a living trust, jointly owned property with rights of survivorship, and accounts with designated beneficiaries typically pass outside of probate. However, assets held solely in the name of the deceased with no beneficiary designation generally must go through probate before they can be transferred to heirs.
How long does probate take in Volusia County?
Formal administration in Florida typically takes between six months and a year for straightforward estates. More complex estates involving contested claims, real property sales, or disputes among heirs can take significantly longer. Summary administration can be completed in a matter of weeks in uncomplicated cases.
What happens if someone dies without a will in Florida?
When a person dies without a valid will, Florida’s intestacy laws determine how assets are distributed. Generally, assets pass first to a surviving spouse, then to descendants. If there are no surviving spouse or descendants, the estate passes to other relatives according to a specific statutory order. The process still requires probate administration.
Can I contest a will if I believe my family member was manipulated?
Yes. Florida law allows interested parties to challenge a will based on undue influence, lack of testamentary capacity, fraud, or improper execution. These cases involve a formal legal proceeding and require presenting evidence to support the challenge. The timeframe for filing a will contest is limited, so acting promptly is important.
What is the role of a personal representative in Florida probate?
A personal representative, sometimes called an executor in other states, is the individual or institution appointed by the court to administer the estate. Their duties include inventorying assets, notifying creditors, paying valid debts and taxes, and distributing remaining assets to beneficiaries. They act in a fiduciary capacity and can be held personally liable for breaches of that duty.
Are probate records public in Florida?
Yes. Probate proceedings in Florida are part of the public court record, which means that the content of a will, the value of probate assets, and the identity of beneficiaries can generally be accessed by the public. One reason many families choose to use a revocable living trust is to keep the transfer of assets private.
How much does probate cost in Florida?
Probate costs in Florida include court filing fees, publication fees for creditor notices, attorney fees, and personal representative compensation. Florida law sets statutory guidelines for attorney fees based on the size of the estate, though additional fees may be warranted for extraordinary services. We are happy to discuss fee structures during your initial consultation, which is always free.
Serving Throughout DeBary and the Surrounding Area
Bundza & Rodriguez, P.A. serves families throughout Volusia County and the surrounding communities, including DeBary, DeLand, Orange City, Deltona, Debary, Lake Helen, Osteen, Enterprise, Cassadaga, and the greater Daytona Beach area. Whether your family is located near the shores of Lake Monroe in DeBary, along the St. Johns River corridor, or further east toward the Atlantic coast communities that make up the heart of Volusia County, our attorneys are prepared to meet with you wherever is most convenient, including in our office, your home, or another agreed-upon location. Evening and weekend consultations are available, because we understand that families have responsibilities and that legal matters do not always arise at convenient times.
Contact a DeBary Probate Attorney Today
The period following the loss of a loved one is not the time to learn probate law on your own. The decisions made in the first weeks of an estate administration can affect how smoothly the process unfolds, how much of the estate is preserved for beneficiaries, and whether costly disputes arise down the road. Working with a skilled DeBary probate attorney from Bundza & Rodriguez, P.A. means your family has experienced, dedicated legal counsel at every step, from opening the estate to closing it. Attorneys Corey Bundza and Michael Rodriguez have spent years building relationships in this community and fighting for the families who trust them. Reach out to our team today to schedule your free initial consultation and take the first step toward resolving your estate matter with confidence.
