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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My wife and I sought counsel after Bank of America ran us around until they finally were able to get around to foreclosing on us. Mr. Haynes asked what it is we wanted out of this, and he actually listened. He found what we wanted and then he made it happen, in the timeline he said he would. Thank you for helping us through a very tough time.S.K.
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Haynes Law Group represented our foreclosure case for over a year. It was really nice to have a lawyer that constantly communicated with us, and made us feel comfortable and informed throughout the entire process. They were able to get us a very favorable decision, and we would trust Haynes to represent us again in any legal situation.Paul & Matt
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I just wanted to send a quick note and tell you how impressed I was in your handling of my case. From the beginning you took the time time to explain the process and what to expect along the way all of which resulted in the best conclusion I could have hoped for. I can not express the relief I feel that I can finally put this behind me and move forward. Thank you for all your help!!D.H.
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We contacted Haynes & De Paz as we quickly realized we required assistance obtaining surplus funds from a foreclosure sale. Being from Canada and having an extra messy case with numerous parties involved - the process was extra confusing and we did not know the best way to go about this. We initially thought it would be a simple procedure in that once the sale occurred and once there was confirmation that there were in fact surplus funds - we'd fill out a basic template form to obtain those funds. We couldn't have been more wrong but this is a common misconception. After an attempt to contact the court with no response, we quickly realized we needed the help from an expert. We located Mr. Benjamin Haynes at Haynes & De Paz but had concerns being that he was located in a different county in FL than the court was in... Mr. Haynes didn't even bat an eye. I filled out a form online requesting information and within minutes he called me personally. The entire procedure including the Motion took less than two weeks and I can't believe how efficient he was. He and his assistant, Ashlee are remarkable at communicating with you and updating you every step of the way. The legal fees are reasonable and well worth it. This turned a nightmare into a dream. I highly recommend Mr. Haynes to assist in your surplus funds case... my review is just one of the many that can vouch for his remarkable professionalism and services. You honestly won't regret it.J.D.
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Mr. Haynes helped me recover over $100,000.00 in foreclosure surplus funds in Florida. He took care of everything from start to finish and won my case! If you have any surplus funds from a foreclosure in Florida, call Mr. Haynes if you want someone who will fight for you!T.S.
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