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Probate

Daytona Beach Probate Attorneys

Probate court in Florida

Probate courts supervise addressing a person’s debts and distributing assets after he or she passes away.  There are two ways of handling probate in the state of Florida:

  • Formal administration
  • Summary administration

The law provides summary administrations for estates that are worth less than $75, 000 or the decedent died two or more years ago.  Estates that do not meet these criteria, and even some that do, are subject to formal administration.

The formal administration process serves to inspect debts and assets very carefully.  Estates that undergo formal proceedings often require the attention of a probate lawyer.

At Every & Stack, our attorneys act as guides for the decedent’s personal representative.  The personal representative, named in the will, has a duty to provide estate information to various parties.  We also provide personal representative services to our clients when necessary.

Personal representative requirements

A qualified personal representative will receive Letters of Administration that grant him or her authority to handle the probate affairs:

  • Publish a “Notice to Creditors” in a local newspaper, giving parties with claims the opportunity to file them
  • Notify the invested parties about the administration with information about the procedures for contesting parties to follow
  • Diligently search for “known or reasonably ascertainable” creditors and notify them of the time limit in which to file claims with the court
  • Pay valid claims
  • Employ professionals to help in the estate administration
  • Object to invalid claims and defend suits brought based on them
  • File and pay any taxes due
  • Pay administration expenses
  • Distribute assets to beneficiaries
  • Pay statutory amounts to deceased’s family
  • Close the probate estate

Even the simplest probate proceeding may face disputes.  The lawyers of Every & Stack have spent their legal careers involved with estate planning law.  We provide the assistance you need, whether it is as an advisor or a personal representative.

Call our office to speak to a lawyer about an existing or pending probate court proceeding.  We also invite you to learn more about our estate planning services.

Call 1 386 255-1925 to discuss Daytona Beach probate laws.

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Our Office
  • Daytona Beach Office
    444 Seabreeze Boulevard
    Suite 1003
    Daytona Beach, Florida 32118
    Phone: 386-255-1925
    Fax: 386-255-9118
Testimonial
  • "Mel is a real honest man. I am the type of person that finds it difficult to trust people and I trust him completely. He has always gone above and beyond for me."  -Judy Ferguson

  • "He is a true gentleman in his personal life and professional life. There is an array of knowledge in his head. I wouldn’t trade him for a certain well known massive attorney’s firm."  -Big John

  • "I have known Attorney Mel Stack both personally and professionally for 40 years. His work ethic and professionalism are beyond reproach. He goes above and beyond to make sure his clients are totally satisfied. I would highly recommend him to anyone needing his services. They will not be disappointed!"  -Cathy Stewart

  • "Mel has been our attorney for many years. He is one of the kindest men I have ever met. He always knows exactly what we have needed to do and has offered great advice."  -Alice Winchester

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