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Probate Attorney for Daytona Beach, Florida

Settling a Daytona Beach estate, often from out of state, takes a court appointment and a Florida attorney.

We handle Daytona Beach and Volusia County probate remotely, for a flat fee you can see up front.

  • Done remotely: phone, video, e-signature
  • Flat fees from $1,500, no hourly surprises
  • Litigates Florida probate and trust disputes in court
Book a free 30-minute consult Flat fees from $1,500 · serving Daytona Beach and Volusia County residents

Quick Overview

A Daytona Beach estate is filed in the county where the person lived, and Florida lets attorneys e-file everything, so an out-of-state family never travels to court. We handle Daytona Beach and Volusia County probate for flat fees from $1,500. The three kinds of probate, the timeline, and serving from out of state are below.

Topics to Know HideShow

Below, we walk through the 4 issues that decide whether this is the right move for you. Jump to any one:

  1. Probate in Volusia County: Where It’s Filed It files in the county where the person lived, and attorneys e-file every document, so an out-of-state family never has to travel to the Volusia County courthouse.
  2. Which Kind of Probate You’ll Need Most estates pass through one of three doors, and the cheapest may be open. Summary administration clears estates of $150,000 or less (raised from $75,000 on July 1, 2026), or any estate more than two years old.
  3. How Long, and What It Costs Flat fees start at $1,500 for disposition, $2,500 summary, and $3,500 formal. A formal case is paced by the 3-month creditor window, so it runs about 6 to 12 months.
  4. Out-of-State Personal Representatives You can serve as personal representative from another state if you are related to the decedent. An out-of-state child qualifies, and we handle it remotely.

That’s the quick version. The details below are what decide your situation, and where the costly mistakes hide.

Probate in Volusia County: Where It’s Filed

Daytona Beach is in Volusia County, which sits in Florida’s 7th Judicial Circuit. Probate is filed with the Volusia County Clerk of the Circuit Court and Comptroller, in the county where the decedent was domiciled at death. Cases are handled at the Volusia County Courthouse at 101 North Alabama Avenue in DeLand. Attorneys e-file every document through the statewide Florida Courts E-Filing Portal, which is why an out-of-state family can have a Volusia County estate handled without anyone traveling to the courthouse.

Volusia County files probate at the courthouse in DeLand, the county seat, not in Daytona Beach. We serve Daytona Beach and Volusia County residents, including Daytona Beach, Port Orange, Ormond Beach, Deltona, DeLand, New Smyrna Beach.

Which Kind of Probate You’ll Need

Most Volusia County estates pass through one of three doors. The cheapest one may be open:

We confirm which applies at your consult and quote a flat fee. Estimate the cost and timeline first →

How Long, and What It Costs

Formal administration is paced by the 3-month creditor-claim window; clean distribution waits for it to pass. Florida law sets a presumed-reasonable attorney fee scaled to the estate, but it’s a ceiling, not a mandate. Our flat fees start at $1,500 (disposition), $2,500 (summary), and $3,500 (formal). Government costs, the Volusia County filing fee (about $400), newspaper publication, and certified copies, are additional and passed through at cost. See the full Florida probate guide →

Out-of-State Personal Representatives

Under Florida law, you can serve as personal representative of a Volusia County estate from another state if you’re related to the decedent by blood, adoption, or marriage; an out-of-state child qualifies. We represent personal representatives across Daytona Beach and Volusia County remotely, by phone, video, and e-signature.

Handling a Daytona Beach estate?

A free 30-minute consult tells you which kind of probate applies and what it will cost.

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Frequently Asked Questions

Where is probate filed in Volusia County?

Probate is filed with the Volusia County Clerk of the Circuit Court and Comptroller, in the 7th Judicial Circuit, where the decedent was domiciled. Attorneys e-file through the statewide Florida Courts E-Filing Portal, so you don't have to appear in person. We handle Volusia County estates remotely.

How long will it take?

Formal administration in any Florida county usually runs 6 to 12 months because the 3-month creditor-claim window (§733.702) must pass. Summary administration is faster, often a few weeks to about two months.

Do I need a local attorney if I live out of state?

You need a Florida attorney for most formal administrations (Fla. Prob. R. 5.030), but you don't need to be local. We represent personal representatives across Daytona Beach and Volusia County by phone, video, and e-signature.

Sources

Updated July 11, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate planning and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice. We serve Daytona Beach and Volusia County residents remotely; this is not a Daytona Beach office.

Daytona Beach probate, handled remotely

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