New Smyrna Beach Probate Lawyer
When someone you love passes away, grief alone is more than enough to bear. Yet within days, practical and legal obligations begin pressing in from every direction. Bank accounts may be frozen. Family members may disagree about who gets what. Creditors may surface with claims against the estate. And somewhere underneath all of it is a legal process, called probate, that must be followed precisely under Florida law before a single asset can be transferred. Having an experienced New Smyrna Beach probate lawyer at your side during this time is not a luxury. It is the difference between honoring your loved one’s wishes and watching the estate become a source of prolonged conflict, financial loss, and family division.
What Probate Actually Looks Like in Florida
Probate is the court-supervised process of authenticating a deceased person’s will, settling outstanding debts, and distributing the remaining assets to rightful heirs or beneficiaries. In Florida, this process is governed by the Florida Probate Code, which sets specific timelines, filing requirements, and procedural rules that must be followed carefully. Volusia County probate matters are handled through the Volusia County Courthouse, located in DeLand. Missteps in the filing process, missed deadlines, or improper asset valuations can delay the proceedings significantly and cost the estate money it should not have to spend.
Florida recognizes two primary forms of probate administration. Formal administration applies to most estates and involves a full court-supervised process that can take several months to over a year depending on complexity. Summary administration is a shortened process available when the value of the estate subject to administration does not exceed $75,000, or when the decedent has been deceased for more than two years. Determining which path is appropriate from the start saves time, money, and frustration. At Bundza & Rodriguez, P.A., our attorneys personally assess every estate to identify the most efficient and legally sound approach from day one.
It is worth noting that not all assets go through probate. Jointly held property, assets with designated beneficiaries like life insurance policies or retirement accounts, and property held in a trust typically pass outside of probate entirely. Understanding what does and does not fall within the probate estate shapes the entire administration strategy. Many families are surprised to discover that a significant portion of their loved one’s assets may transfer without court involvement at all, while other assets they assumed were covered require a full formal proceeding.
The Role of the Personal Representative and Why It Matters
The personal representative, sometimes called an executor in other states, is the individual appointed by the court to manage the estate throughout the probate process. This role carries real legal responsibilities and real personal liability. A personal representative who mishandles estate funds, fails to notify creditors properly, or distributes assets before debts are settled can be held personally accountable for resulting losses. That is not a hypothetical risk. Florida courts take fiduciary duties seriously, and beneficiaries who believe they have been harmed by mismanagement have legal remedies available to them.
The responsibilities of a personal representative include filing the petition for administration, publishing a notice to creditors, marshaling and inventorying assets, managing estate property during the process, paying valid debts and taxes, and finally distributing what remains to beneficiaries. Each of these steps has procedural requirements. Creditor notification, for instance, must be handled within specific timeframes to limit the estate’s exposure to late claims. Missing this window can leave the estate vulnerable well beyond the intended period of administration.
Our attorneys at Bundza & Rodriguez, P.A. assist personal representatives at every stage of this process. We do not hand cases off to paralegals or case managers. Every client works directly with an attorney who understands the local court environment, the applicable statutes, and the specific facts of their family’s situation. That direct, personal involvement is something we consider non-negotiable, and it is a distinction that has defined our firm since Corey Bundza and Michael Rodriguez founded it in 2007.
When Probate Becomes Contested
Most probate proceedings move through the system without serious dispute. But when family dynamics are strained, when a second marriage complicates inheritance expectations, or when someone believes undue influence or fraud shaped the final version of a will, probate can become a battlefield. Estate litigation is one of the most emotionally charged areas of law precisely because it sits at the intersection of grief, money, and family relationships. The stakes are deeply personal, even when the legal arguments are technical.
Common grounds for contesting a will in Florida include lack of testamentary capacity, meaning the decedent did not understand what they were signing, undue influence from a caretaker or family member, fraud or forgery, and improper execution of the document itself. Florida has strict requirements for how a will must be signed and witnessed, and a document that does not meet those requirements may be declared invalid regardless of what it says inside. Our firm has experience handling both sides of these disputes, representing beneficiaries who have been wrongfully cut out and personal representatives defending the integrity of a legitimate estate plan.
There is an aspect of estate litigation that rarely gets discussed openly: the emotional cost of doing nothing. Families who choose not to challenge a will they believe was procured through manipulation often carry that resentment for years, sometimes decades. The legal window to contest a probate proceeding in Florida is limited, and waiting too long closes the door permanently. Acting with purpose, even during grief, is sometimes the most honoring thing a family can do for someone they lost.
Guardianships and Their Intersection with Estate Planning
Probate and guardianship law are closely related, and both come into focus when someone is no longer able to manage their own affairs, whether due to age, illness, or disability. Florida’s guardianship framework exists to protect vulnerable individuals, including the elderly and those with physical or cognitive disabilities, by placing legal authority over their person or property with a designated responsible adult. When proper estate planning has not been done in advance, a guardianship proceeding may become necessary, and that process requires court supervision and legal oversight.
The need for guardianship has grown in recent years as Florida’s senior population continues to expand. New Smyrna Beach, like much of the coastal Volusia County area, has a significant and growing population of retirees and aging residents. For families navigating a situation where a parent or loved one can no longer make sound financial or personal decisions, a guardianship action may be the most responsible step available. It is also, unfortunately, sometimes the step that exposes how vulnerable people can be to financial exploitation by those closest to them.
At Bundza & Rodriguez, P.A., we take elder financial abuse seriously. When someone manipulates an aging or incapacitated person into changing their will, signing over assets, or transferring property under duress, we pursue legal remedies aggressively on behalf of the rightful heirs. These situations require both compassion and precision, and our team brings both to every case we handle in this area of law.
New Smyrna Beach Probate FAQs
How long does probate take in Florida?
The timeline varies considerably based on the complexity of the estate, whether the will is contested, and how efficiently creditor claims are resolved. A straightforward summary administration may be completed in a matter of weeks, while a formal administration can take anywhere from six months to well over a year. Estates with significant assets, multiple beneficiaries, or disputed claims tend to take longer. Working with an attorney from the outset helps avoid procedural delays that unnecessarily extend the process.
Does every estate have to go through probate in Florida?
Not necessarily. Assets held in a revocable living trust, jointly titled property with right of survivorship, and accounts with named beneficiaries like IRAs, 401(k)s, and life insurance policies typically pass outside of probate. However, assets that are solely in the decedent’s name without a designated beneficiary will generally require some form of probate administration. An attorney can review the specific assets involved and determine what, if anything, needs to go through the court process.
What happens if someone dies without a will in Florida?
When a person dies intestate, meaning without a valid will, Florida’s intestacy laws determine how assets are distributed. The state has a specific hierarchy of heirs, beginning with a surviving spouse and then moving to descendants. This statutory distribution may not reflect what the deceased person actually wanted, which is one of the strongest arguments for proactive estate planning. The probate process still applies, but without a named personal representative, the court will appoint one.
Can a will be challenged after probate is already underway?
Yes, but timing is critical. Florida law allows interested parties to file objections to a will during probate, but there are defined timeframes within which those challenges must be brought. Missing those deadlines can permanently foreclose the right to contest. Anyone who believes a will does not accurately reflect the true intentions of the deceased, or that it was produced through fraud or undue influence, should consult with an attorney promptly after the proceeding begins.
What does a personal representative get paid in Florida?
Florida law provides for reasonable compensation to personal representatives based on the value of the estate. The statutory fee schedule starts at three percent for the first million dollars of estate value and decreases for larger estates, though extraordinary services may justify additional compensation. These fees are paid from estate assets before distribution to beneficiaries. An attorney can help a personal representative understand what compensation is appropriate and ensure it is properly documented and approved by the court.
What is the difference between a trustee and a personal representative?
A personal representative manages assets that go through the probate process, while a trustee manages assets held within a trust, which typically avoid probate entirely. In some estates, the same person may serve in both roles. Each role carries distinct fiduciary duties and legal obligations. Misunderstanding the scope of either role can lead to liability, which is why having legal guidance is valuable regardless of which position you hold in the administration of an estate.
Serving Throughout New Smyrna Beach and Surrounding Communities
Bundza & Rodriguez, P.A. serves clients throughout the greater New Smyrna Beach area and across Volusia County. Our reach extends along the coast to communities like Edgewater and Oak Hill to the south, and northward through Port Orange and South Daytona toward Daytona Beach itself. Families in the quiet neighborhoods around Turnbull Bay, along Canal Street’s historic corridor, and in the residential communities near Bethune Beach have turned to our firm for probate and estate matters. We also assist clients in inland Volusia County areas including DeLand, where the county courthouse sits, as well as Orange City and Deltona. Whether you are managing an estate tied to oceanfront property on the barrier island or a family home in one of the county’s inland communities, our attorneys understand the local legal environment and are equipped to handle your matter with the attention it deserves.
Contact a New Smyrna Beach Probate Attorney Today
There is a meaningful difference between estates that are handled by experienced legal counsel and those that are not. Families who work with a skilled New Smyrna Beach probate attorney from the beginning tend to see faster resolutions, fewer disputes among beneficiaries, and greater confidence that their loved one’s wishes were honored correctly. Those who attempt to manage the process alone, or who delay seeking help, often find themselves dealing with court rejections, creditor complications, or family conflicts that could have been avoided entirely. At Bundza & Rodriguez, P.A., we offer free initial consultations and are available for evening and weekend appointments when needed. We have been proudly serving Volusia County families since 2007, and we are ready to help yours. Reach out to our team today to schedule your consultation.
