Probate Attorney Daytona Beach, FL

Serving clients for more than 40 years, Attorney Jerry B. Wells is among the most experienced and dedicated probate attorneys in Daytona Beach. Our practice handles many personal and financial legal matters, including probate administration, probate litigation, and trusts. We serve clients throughout Volusia County, including Ormond Beach, Port Orange, and New Smyrna Beach, FL.

Probate Administration

Probate is a court-supervised legal process for administering a decedent’s estate in accordance with the Last Will and Testament or per Florida Law when there is no valid or binding will (intestate). There are two types of probate administration in Florida – Summary Administration and Formal Administration. Unless the estate qualifies for a simpler Summary Administration, a Formal Administration is required. To be eligible for a summary administration, the estate's value of nonexempt assets must not exceed $75,000, and the decedent must have passed away for at least two years. An experienced probate lawyer can help determine which probate administration is in the estate's best interest.

Probate Litigation

In most cases, probate can be avoided when the decedent’s estate has a living trust. However, like a will, trusts can be contested under certain situations. For example, a family member can challenge a will or trust in Florida if they believe it was not legally executed, that the decedent was legally incapacitated, or was unduly influenced when the documents were executed. A family member or heir disputing the validity of a will or trust should seek the advice and counsel of a highly skilled probate or trust attorney with a proven track record of litigation experience.

Probate litigation can be costly, and most probate attorneys charge an hourly fee. Our firm handles many probate and trust litigation cases on a contingency fee basis. A contingency case can be very beneficial for probate and trust clients because there are no upfront costs. The probate or trust attorney is paid when the client wins the case and receives a monetary settlement. The attorney subtracts the contingency fee from the settlement, and the client receives the remaining proceeds.

Visit our website or contact us at 386-253-3676 to schedule an appointment with an experienced probate attorney in the Daytona Beach, FL area.