Probate & Estate Administration in New Smyrna Beach

Nearly Two Decades of Florida Probate Experience. Direct Attorney Involvement, Start to Finish.

When a family member dies and leaves behind property, accounts, or debts in Florida, the estate typically has to pass through probate before assets can be distributed. That process carries court deadlines, creditor notice requirements, and fiduciary duties that can catch families off guard. Upchurch Law is a Daytona Beach practice whose sole focus is estate litigation, will contests, and probate administration, and I regularly assist New Smyrna Beach residents and personal representatives with matters filed in Volusia County.

Probate is the Florida court process for validating a will, or applying intestate succession rules when there isn’t one, identifying and paying creditors, and ultimately transferring assets to the rightful beneficiaries. The steps are procedural and time-sensitive. Mistakes can cost estates money and delay distributions that families are counting on.

If you’re opening or managing an estate in the New Smyrna Beach area, I offer a free case evaluation to help you understand what the process involves and whether this firm is the right fit. Call (386) 272-7445 to get started.

Direct Attorney Involvement Backed by Trial Experience

Attorney Thomas Upchurch is a Daytona Beach native, a former Assistant State Attorney, and has represented clients in estate matters for nearly two decades. That background shaped a practice built around probate and estate litigation rather than a broad general practice that handles these cases occasionally. When you hire Upchurch Law, Attorney Upchurch remains personally involved in your file from initial filing through closing. Cases are not handed off to associates.

That structure matters more in some situations than others. Routine estate administration requires consistent attention to deadlines and court filings. When a matter turns contested, whether over a will, a personal representative’s conduct, or a creditor claim, trial-level experience becomes directly relevant. Attorney Upchurch holds an AV Preeminent rating from Martindale-Hubbell, its highest peer-review standard for legal knowledge, communication, and ethics, and is a member of the Million Dollar Advocates Forum, limited to attorneys who have secured verdicts or settlements of one million dollars or more. Fewer than one percent of U.S. attorneys qualify.

Public review profiles reflect what clients experience directly: 4.9 stars from 111 reviews on Birdeye (102 sourced from Google) and 4.8 stars from 21 reviews on Lawyers.com. Reviewers consistently point to organized case handling, clear communication, and prompt follow-through during lengthy proceedings.

Formal Administration vs. Summary Administration in Florida

Florida law provides two primary paths for probate, and the value of the estate largely determines which one applies.

Summary administration is available when the estate’s non-exempt assets are valued at $150,000 or less, or when more than two years have passed since the date of death. Florida raised this threshold from $75,000 in 2026, so more estates may qualify for this shorter process with fewer court filings. Formal administration applies to larger estates or those still within the two-year window. It begins with a Petition for Formal Administration, requires formal notice to beneficiaries, and requires the personal representative to make a diligent effort to identify and notify creditors before distributing assets.

Under Florida law, a personal representative has a fiduciary duty to manage and protect estate assets for the benefit of the beneficiaries, and an attorney is required to assist in almost all formal administration cases. That’s not a technicality. The creditor claims process, homestead exemption determinations, and the sequence of distributions each carry rules that need to be followed correctly the first time.

New Smyrna Beach Estates & Volusia County Court Jurisdiction

New Smyrna Beach probate matters fall under Florida’s 7th Judicial Circuit Court. Certain clerk services are handled through a local courthouse annex, but formal probate case processing for Volusia County is centered at the courts in DeLand and Daytona Beach. The Volusia County Clerk of the Circuit Court’s Probate and Guardianship division maintains estate records, wills on deposit, and guardianship filings for the county.

I also handle ancillary probate administration for families who live outside Florida but whose family member owned New Smyrna Beach property. Ancillary probate is required when a decedent was domiciled in another state but left Florida real estate or other assets that weren’t structured to pass outside probate. Because a Florida court’s jurisdiction extends only to in-state assets, that property has to go through its own proceeding here regardless of what the home-state estate is doing. For families managing this from a distance, I handle most of the process by phone and email so you don’t have to travel repeatedly.

Elder Law & Medicaid Planning Alongside Estate Administration

Estate administration and elder law issues frequently arrive together. A family managing a parent’s long-term care costs may simultaneously be dealing with a trust administration or preparing for what happens to that parent’s estate after death. Attorney Upchurch has served as past chair of a judicial circuit grievance committee and an elder law section of a local bar association, and maintains membership in national and state elder law organizations. That background means Medicaid planning, guardianship, and long-term care questions can be addressed without a separate referral.

Clients have described the firm helping secure care for a family member while simultaneously handling that family member’s estate needs. For New Smyrna Beach families navigating medical, financial, and legal questions at the same time, that overlap is something I’m set up to address in one place.

Start with a Free Case Evaluation

Probate timelines move whether or not you’re ready. Letters of administration need to be issued, creditors need to be notified, and courts have their own schedules. The earlier you have counsel involved, the more control the estate can retain over those steps.

I offer a free case evaluation for New Smyrna Beach families and personal representatives who need to open or administer an estate, or who are facing a dispute that has emerged during administration. That conversation is the right place to ask questions, understand what Florida law requires, and decide whether Upchurch Law is the right fit for your matter.

Call (386) 272-7445 to schedule your free case evaluation with Upchurch Law today.