Orlando Probate Attorney
Guiding Florida Families Through Probate with Clarity & Care
At Haynes Law Group, we understand that probate often arises during an emotionally challenging time. Whether you’re a personal representative managing an estate, a family member with questions, or someone facing probate alongside foreclosure concerns, our team is here to make the process more manageable.
Our Orlando-based firm serves clients across Florida. We often assist with probate cases that intersect with real estate, foreclosure, or surplus recovery, areas where we have extensive experience.
Protect your loved one’s legacy and navigate probate with confidence. Call (888) 252-8754 or contact us online today for a free consultation.
What to Expect from Haynes Law Group
We approach probate with the same detailed focus we’ve applied to foreclosure and surplus recovery work, giving us practical insight into how court procedures, real estate, and estate matters can intersect.
Attorney Benjamin C. Haynes, who has managed thousands of foreclosure cases, understands the connection between probate and property law. This background helps us address the legal steps with clarity and a grounded, real-world perspective.
From start to finish, we emphasize clear and consistent communication. Probate can feel overwhelming, but our goal is to outline each step so you can better understand your options.
What Is Probate in Florida?
Probate is the legal process of administering a deceased person’s estate. It involves identifying assets, settling debts, and distributing remaining property to heirs or beneficiaries. In Florida, probate is generally required when someone passes away owning assets solely in their name, whether or not they left a will.
Florida generally offers two types of probate:
- Formal Administration – A court-supervised process used for larger estates or when creditors or legal disputes are involved.
- Summary Administration – A quicker option for smaller estates, usually valued under $75,000, or if the person has been deceased for more than two years.
If you’re unsure which type applies to your situation, our team can help assess and explain the appropriate path forward.
How Probate Connects to Foreclosure & Surplus Recovery
Many probate matters involve real estate, and sometimes that property is in foreclosure or tied to surplus funds from a foreclosure sale. We help coordinate these overlapping legal processes to prevent avoidable delays.
Inherited Homes in Foreclosure
If a homeowner passes away during an active foreclosure, probate is often the first step before heirs can address the property. It’s not unusual for families to learn about foreclosure after their loved one’s passing. Because probate and foreclosure can progress at the same time, timely action may help preserve the property’s value. We assist with aligning both processes so heirs can make informed decisions about whether to keep, sell, or settle the property.
Surplus Funds Owed to an Estate
When a foreclosed property in Florida sells for more than what’s owed on the mortgage, liens, and sale costs, the remaining balance, called surplus funds, belongs to the former homeowner or, if deceased, their estate. Florida Statute § 45.032 explains how these funds are distributed. In many cases, probate must be completed before heirs can claim them. We work on both probate and surplus recovery so the rightful beneficiaries can move forward without unnecessary hold-ups.
Who Handles the Probate Process?
In Florida, the court appoints a personal representative to manage the estate. This person may be named in the will or, if there is no will, selected by the court, typically a close family member.
Their responsibilities include:
- Locating and submitting the will
- Filing for administration with the probate court
- Notifying known creditors and settling valid debts
- Managing assets and closing accounts
- Distributing the remaining property to rightful beneficiaries
This role carries legal, financial, and administrative duties. Working with an attorney can help address potential issues early and keep the process on track.
Start Your Probate Process with Us
Probate doesn’t have to feel like a maze. Whether you’re the named personal representative or a family member trying to determine the right course of action, we’ll explain the process and help you move forward with a clear plan.
Call (888) 252-8754 today or contact us online to schedule a free consultation with our legal team. Se habla español.
Our Clients Share Their Stories
At Haynes Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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Ben Haynes and staff are true professionals. They explained all aspects of the case clearly and completely. As the case progressed they kept me informed and up-to-date not only on progress, but also on strategy, explained why as well as what at all times, their focus was on my best welfare. I am very happy with the services they provided, I feel highly confident and referring Haynes & de Paz, P.A. to others.M.W.
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I am very pleased with the level of service I received from Ben and Ashlee at Haynes Law Group. From the moment I walked into the office Ashlee was very warm and accommodating -- even though I returned the favor by spilling a bit of water on the floor. They promptly cleaned it up and we continued with the consultation. I am very observant and pay attention to the little things. I did not notice a hint of irritation or annoyance over the accidental spill. Their timely responses and caring attitude made going through a difficult time that much easier. There was even an instance where I sent an email to the office after "normal" business hours -- expecting a response first thing in the morning. To my surprise and within minutes, the response to my email was waiting in my inbox. I just wanted to thank Ben and Ashlee for being so gracious and supportive and I would absolutely recommend Haynes Law Group to friends and family.R.W.
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Haynes Law Group are great, I highly recommend them! Mr. Haynes personally walked myself and my siblings through our case every step of the way. His staff are also amazing, they answered any questions or concerns promptly and accurately. Excellent practice from top to bottom, thanks again!E.I.
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Haynes and De Paz is an extremely talented and results driven law firm! Attorney Benjamin Haynes literally had less than 24 hours to represent us in a foreclosure lawsuit. With their legal representation, we were able to secure a loan modification featuring a much lower interest rate and effectively suspend a previously scheduled foreclosure sale on our home. In less than three weeks from receiving final judgment against us by the courts, we now have a new beginning and renewed relationship with our lender in the home that we still love!B.G. &T.G.
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After dealing with the mortgage company for a year, trying to modify our home they would not budge nor help us in any way that we had to get a lawyer. After reading all the testimonials I had to go with Ben and his team, so glad we did. He was able to dismiss our case, sell our home, and get us money from the sell for us to put down on a new home. Thanks so much Ben, Ashley, Tonya and your whole team for all that you do Couldn't be more grateful.C.B.
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