Probate Attorney in Deltona, FL

Attorney Bonnie A. Berns is a trusted probate attorney in Deltona, FL, with over 30 years of experience helping families navigate the complex probate process during a difficult time. She understands that the probate process is often overwhelming, and she is committed to providing her clients with the support and guidance they need to determine which type of probate administration is best for their situation. Attorney Berns represents clients throughout Volusia County, including Daytona Beach, DeLand, New Smyrna Beach, Ormond Beach, and Port Orange, FL.

What is Probate in Florida?

Probate is a legal process that occurs after a person's death to ensure that their assets are distributed according to their wishes and that any outstanding debts are settled. The personal representative (executor) is responsible for collecting the deceased's assets, paying off any debts or taxes, and distributing the remaining assets to the beneficiaries named in the will unless there are any challenges.

In the state of Florida, there are four types of probate administration:

Formal Administration

Formal administration is the most common type of probate administration in Deltona, FL. It is typically required when the value of the decedent's estate exceeds $75,000, or the decedent has been deceased for more than two years. It is a court-supervised process that ensures the orderly distribution of assets and the payment of debts.

Summary Administration

Summary administration is a simplified probate process available in Florida for small estates. It is typically used when the estate's value is less than $75,000 or when the decedent has been dead for over two years. Although this is a less expensive and time-consuming process than formal administration, it is essential to note that it is not available if the decedent own real property in Florida.

Ancillary Probate Administration

When a non-resident dies owning property in Florida, the personal representative appointed in their home state must initiate ancillary probate proceedings in Florida. The personal representative is responsible for paying all debts, taxes, and other obligations and distributing the remaining assets to the rightful beneficiaries. Navigating the complexities of ancillary probate administration in Florida can be challenging, which is why it is advisable to seek the guidance of an experienced probate attorney.

Disposition without Administration

When a decedent’s estate only includes personal property like cash, bank accounts, investment accounts, and motor vehicles but no real estate, a simplified probate process known as “disposition without administration” can typically be filed to transfer assets to their heirs or beneficiaries.

Navigating the complexities of ancillary probate administration in Florida can be challenging, which is why it is advisable to seek the guidance of an experienced probate attorney. Contact the Law Office of Bonnie A. Berns, P.A., at 386-672-4040 or visit us online to schedule a free initial consultation.