Volusia County Probate and Estate Planning Attorney | Yergey & Yergey, P.A.
Local Practice
Yergey & Yergey, P.A. represents clients in Volusia County — including Daytona Beach, DeLand, Deltona, Port Orange, Ormond Beach, New Smyrna Beach, and Edgewater — in probate administration, estate planning, guardianship proceedings, trust administration, and probate and trust litigation. We serve neighboring Seminole County families as well as families elsewhere in Florida.
Volusia County's large retirement-age population, significant beachfront and inland real estate holdings, and active seasonal-resident community create substantial demand for Florida probate and estate planning services. Out-of-state heirs with Florida property, personal representatives who live outside Volusia County, and families navigating the incapacity of an elderly parent are among the clients we regularly assist from this region.
Our firm has been in continuous practice in Central Florida since 1928. Managing Partner David A. Yergey III holds an LL.M. in Taxation (University of Alabama, 2018) and serves as a Florida Supreme Court Certified Circuit Court Mediator — credentials that distinguish the firm in estate tax planning, contested probate matters, and alternative dispute resolution that Volusia County clients frequently require.
Probate Court Information
Volusia County probate matters are filed in the Volusia County Circuit Court — Probate Division.
The Volusia County Circuit Court is in the Seventh Judicial Circuit of Florida. The Volusia County Probate Division applies the Florida Probate Code (Fla. Stat. Chapters 731–735) and Florida Guardianship Law (Fla. Stat. Chapter 744), but its local administrative procedures, filing requirements, and judicial calendaring differ from both Orange and Seminole County courts.
Applicable thresholds:
- Summary Administration (Fla. Stat. § 735.201): non-exempt assets of $150,000 or less for deaths on or after July 1, 2026 ($75,000 before), or decedent died more than two years ago — simplest and fastest track
- Formal Administration (Fla. Stat. § 733.101 et seq.): required for larger estates; typically takes 6–12 months minimum
- Florida Probate Rule 5.030 requires an attorney to represent the personal representative in Formal Administration proceedings
Approximately 50 miles from 910 N. Fern Creek Avenue, Orlando — approximately 50–65 minutes via I-4. Our attorneys travel to Volusia County for hearings as client matters require.
Note for out-of-state heirs: Many Volusia County estates involve personal representatives or beneficiaries who live outside Florida. Florida law does not require the personal representative to be a Florida resident in all circumstances, but if the named representative is a non-resident, specific statutory requirements apply under Fla. Stat. § 733.302. We regularly assist out-of-state families with Florida estates.
How We Serve Volusia County Clients
Probate Administration
We represent personal representatives and beneficiaries in Volusia County Summary and Formal Administration proceedings. We handle contested probate litigation — will contests, removal of personal representatives, breach of fiduciary duty — that requires an attorney willing to appear in Volusia County courts and familiar with Florida probate procedure.
Estate Planning
Wills, trusts, durable powers of attorney, living wills, and healthcare surrogate designations for Volusia County families, including vacation homeowners and seasonal residents who need a Florida estate plan that accounts for property in multiple states. D3's LL.M. in Taxation applies directly to estate tax strategies for clients whose estates may approach or exceed the federal exemption threshold.
Guardianship
Emergency Temporary Guardianship petitions, plenary and limited guardianship proceedings, and contested guardianship matters for Volusia County wards. David A. Yergey III is the Founding President of the Florida Guardianship Support Network (flgsn.org), which has raised more than $700,000 in support of Florida guardianship families.
Trust Administration
Guidance for Volusia County successor trustees and representation of beneficiaries who believe a trustee has breached their fiduciary duties under Fla. Stat. § 736.0802.
Mediation
Both David A. Yergey, Jr. and David A. Yergey III are Florida Supreme Court Certified Circuit Court Mediators. When a Volusia County estate or trust dispute can be resolved without trial, mediation is the most efficient path.
Volusia CountyProbate: Costs, Timelines & Procedure
Volusia County and the Seventh Circuit
Volusia County probate is filed in the Volusia County Circuit Court's Probate Division at the courthouse in DeLand, part of the Seventh Judicial Circuit — a different circuit from both Orange (Ninth) and Seminole (Eighteenth), with its own administrative procedures, filing requirements, and calendaring. The Florida Probate Code governs statewide, but Volusia practice is its own.
We serve Daytona Beach, DeLand, Deltona, Port Orange, Ormond Beach, New Smyrna Beach, and Edgewater — a coastal county whose seasonal and retiree population shapes the estates that come through the DeLand division.
Snowbirds, Domicile, and Ancillary Administration
Volusia's beaches draw seasonal residents, and that raises a question other counties see less often: was the decedent legally domiciled in Florida, or in a northern home state? Domicile decides where the estate is administered in full. A Florida-domiciled decedent's estate is administered here; a non-resident who merely owned Volusia property is administered in the home state, with a Florida ancillary administration under Fla. Stat. § 734.102 to clear title to the Volusia real estate.
We make the domicile determination first — it drives everything else — and then run whichever proceeding follows, coordinating a Florida ancillary case with out-of-state counsel where the family's primary estate is elsewhere.
Which Probate Track a Volusia Estate Needs
Summary administration under Fla. Stat. § 735.201 is available when non-exempt assets do not exceed $150,000 for decedents dying on or after July 1, 2026 under CS/SB 1500 ($75,000 for earlier deaths) or when the decedent has been dead more than two years. Formal administration under Chapter 733 is the standard track for larger estates and any estate needing an active personal representative.
A Volusia beach condo or coastal home often carries the estate above the summary threshold, and where that property was owned by a non-resident, the ancillary path applies instead of a full Florida administration.
What Probate Costs in Volusia County
The clerk's filing fee for a formal administration is approximately $400 under Fla. Stat. § 28.241 (summary is lower), plus publication and certified copies. Personal representative compensation follows Fla. Stat. § 733.617 and attorney's fees follow Fla. Stat. § 733.6171 — for example, three percent of estate value between $100,000 and $1 million.
These are presumed-reasonable statutory guidelines, adjustable by written agreement, increased by the court for extraordinary work such as an ancillary proceeding, or reduced where unreasonable. We quote the arrangement in writing before you engage us.
The Formal Administration Sequence
The petition is filed with the original will and death certificate, and the court issues Letters of Administration. The personal representative serves the Notice of Administration under Fla. Stat. § 733.212 (a 90-day contest window), publishes and serves the Notice to Creditors under Fla. Stat. § 733.2121, and files an Inventory within 60 days under Fla. Stat. § 733.604.
After the three-month creditor-claims period under Fla. Stat. § 733.702 closes, the personal representative resolves claims, files a Final Accounting and Petition for Discharge, distributes the estate, and obtains an Order of Discharge — six to twelve months for a routine Volusia estate.
What to Bring to Your First Consultation
For a probate matter (Volusia County)
- Certified death certificate
- Original will or the most recent version you have
- Preliminary list of Florida-based assets and out-of-state assets with Florida nexus (real property, bank accounts, vehicles, titled assets)
- Names and contact information for all beneficiaries and intestate heirs
- Any correspondence from the Volusia County probate court or other parties
For an estate planning consultation
- Existing Florida estate planning documents (wills, trusts, powers of attorney)
- Information about property owned in Volusia County and elsewhere
- Names of intended fiduciaries (personal representative, trustee, agent, healthcare surrogate)
- Family structure, including any beneficiaries with special needs or blended-family considerations
Frequently Asked Questions
- Where is probate filed for a Volusia County resident?
- In the Volusia County Circuit Court's Probate Division at the Volusia County Courthouse, 101 N. Alabama Avenue, DeLand — part of the Seventh Judicial Circuit. Venue follows the decedent's county of residence under Fla. Stat. § 733.101, and the original will is deposited with the Clerk under Fla. Stat. § 732.901.
- A relative who lived up north owned a condo in Volusia County — what happens?
- If the decedent was not a Florida resident, the Volusia property is cleared through a Florida ancillary administration under Fla. Stat. § 734.102, coordinated with the estate in the home state. We open the Volusia proceeding, handle creditor notice, and record the order so the family can sell or transfer the property.
- How does the firm decide whether Volusia is the right place to probate?
- It turns on domicile — where the decedent was legally a permanent resident at death, under Fla. Stat. § 733.101. A Florida-domiciled Volusia resident's estate is administered in DeLand; a seasonal resident domiciled elsewhere is administered in the home state, with only a Florida ancillary case for the Volusia property. We make that determination before anything else.
- How much does probate cost in Volusia County?
- A formal-administration filing fee of roughly $400 under Fla. Stat. § 28.241, plus publication and certified copies, then personal representative compensation under Fla. Stat. § 733.617 and attorney's fees under Fla. Stat. § 733.6171 — presumed-reasonable figures adjustable by agreement or by the court, including for an ancillary proceeding. We quote it in writing first.
- How long does Volusia County probate take?
- Summary administration typically closes in four to eight weeks. Formal administration runs six to twelve months for a routine estate, floored by the three-month creditor-claims period under Fla. Stat. § 733.702. A property sale or ancillary coordination can add to that.
- Do I need a probate attorney in Volusia County?
- For formal administration, yes — Florida Probate Rule 5.030 requires the personal representative to be represented, except where the representative is the sole interested person. The Seventh Circuit's Volusia procedures differ from Orange and Seminole County practice, so local familiarity matters even in an uncontested case.
Ready to speak with a Volusia County probate attorney?
Call (407) 843-0430 or book a consultation online.
Or text PROBATE to (407) 906-9507 for a faster response.
Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.