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.
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 $75,000 or less, 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.
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
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