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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Very pleasant and honest. Was not the correct specialist for my situation but took his time and provide me with information to seek out an attorney who could help.Chris
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I had a serious situation that needed to be taken care of within 5 days. Attorney Haynes, without hesitation took my case with a positive resolution. I highly recommend Attorney Haynes. Thank you for the excellent compassionate work.S.R.
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The law firm of Haynes and De Paz provided me with the best possible outcome in my case. It is without hesitation that I would retain them going forward if I needed great legal representation. Bravo. Well done.D.M.
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When it seemed hopeless, Lawyer Benjamin Haynes fought and won a $92,873.91 foreclosure surplus for our family! We approached Mr. Haynes after the foreclosure sale on our property. There was a surplus of around $93,000.00 and a second mortgage of around $170,000.00. Therefore, we thought we had no chance to collect the surplus since there was a second mortgage which takes priority over our claim, per Florida law. However, Mr. Haynes took our foreclosure surplus case and started digging very deep! Through Mr. Haynes’ extensive research, he came up with an argument and won in court! The bank didn't know what hit them! We won nearly a $93,000.00 surplus. We received the check in full the next week from the court! If you have a surplus case, you NEED to contact and hire the law firm of Haynes & de Paz. Mr. Haynes will not give up and will work to win you the surplus funds! Now, my wife and I are able to put a down payment on another property. Thank you Mr. Haynes and the law firm Haynes & de Paz!!!!!T.Y.
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I can't say enough about this firm. I literally had 24 hours to file with circuit court or lose surplus funds from my father's Florida property. I goggled how to file myself and Haynes & De Paz popped up. I contacted them and they went to work immediately. Did every thing they said they would and collected the funds. Thank you!K.S.
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