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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I was stressed, anxious, and unsure of what was going to happen next. Mr. Haynes soon put my mind to ease, by their expertise, hard work, and kind demeanor. Every step of the way, they acted with my best interest in mind. I was so impressed with the outcome and how I was treated, that I know I will keep this law firm for life. Both gentlemen are trusted advisors, and I know I'm being taken care of in the best possible way.Laura
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Ben, I want to say thanks for the great professional service provided by you and your staff from the first call and consultation to winning my foreclosure surplus funds! You gave me great confidence that you understood the laws very well and would give me the best representation for handling my foreclosure surplus case.B.H.
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On the afternoon that my deceased uncles home was foreclosed and auctioned I received phone calls from people who knew about the mortgage surplus before I did. Calls were from all over the US. Fast talking people telling me I needed to pay them to claim the funds and all the undesirable things that would happen if I did not hire them. After two weeks of trying to go it alone with the courts I found Mr. Haynes. On the first call he was able to weed through and understand the complications of our situation. He told me he was confident he could claim the funds for the heirs. Today we got the news we would receive a check. A great experience with a very sharp man who really knew all the in’s and out’s of Florida foreclosure surplus law and saved us thousands!E.M.
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Thank you Atty. Haynes, and a special shout-out to the ultra fabulous miss Ashley.N.C.
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If you are in need of foreclosure defense, look no further. Ben was on top of everything and his communication between myself and the bank was stellar. He discussed strategies with me and counseled me towards the possible outcomes of each strategy. Before I hired Ben to represent me, I was lost, confused, and a little bit scared of the banks. Now, I've got a lawyer for life and peace of mind to go along with it.D.L.W.
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