Law Office of Mark Andrew James, P.L.L.C.

About Law Office of Mark Andrew James, P.L.L.C. — Estate Planning DeLand Florida

Law Office of Mark Andrew James, P.L.L.C. provides estate planning DeLand services to individuals and families across Volusia County, including DeLand, Daytona Beach, Deltona, DeLeon Springs, DeBary, Orange City, and Port Orange. Attorney James emphasizes one-on-one client relationships — when you hire this firm, you work directly with him, not with paralegals or assistants. The firm also covers Seminole County and Orange County clients. For Volusia County estate matters, the Volusia County Courthouse West at 101 N. Alabama Ave., DeLand serves as the local probate court for DeLand residents. Connect with other area attorneys at the DeLand attorney directory.

The firm handles the full spectrum of estate planning and probate matters for Volusia County families — from straightforward will drafting to complex trust administration and probate proceedings. In Volusia County, summary administration is available for estates with non-homestead assets under $75,000 or for decedents who have been deceased for more than two years, which can significantly accelerate the process for qualifying families.

What Clients Say

Clients consistently note that Attorney James listens carefully to their specific family situations before recommending a planning approach. Reviewers appreciate the personalized attention, clear explanations of how Florida probate works, and the sense that their estate plan was designed for their actual circumstances rather than pulled from a template.

Estate Planning DeLand — Practice Areas & Services

• Wills & Last Testaments: Drafting Florida-compliant wills for DeLand and Volusia County residents, including will contests and will validity challenges.
• Revocable Living Trusts: Creating trust structures that allow estates to bypass the Volusia County probate process and transfer assets privately to beneficiaries.
• Probate Administration: Guiding families through formal and summary administration in Volusia County Probate Court (Judge Linda L. Gaustad, Divisions 10 & 48).
• Powers of Attorney & Healthcare Directives: Establishing durable powers of attorney and advance directives for medical decision-making under Florida law.
• Guardianship: Petitioning for guardianship of incapacitated adults and minors through the 7th Judicial Circuit in DeLand.

Frequently Asked Questions

Does Florida have an estate or inheritance tax?

Florida has no state estate tax and no state inheritance tax. The only potential tax exposure is the federal estate tax, which applies to estates exceeding $13.61 million in 2024 (indexed for inflation). For most Volusia County families, proper estate planning focuses on probate avoidance, asset distribution, and healthcare directives rather than tax minimization.

How does probate work in Volusia County?

Volusia County probate is governed by the 7th Judicial Circuit. Cases in DeLand go before the West County court at 101 N. Alabama Ave. — currently overseen by Judge Linda L. Gaustad. The process typically takes 6 to 12 months for formal administration. Estates qualifying for summary administration (non-homestead assets under $75,000) or those older than 2 years can move significantly faster.

What happens if I die without a will in DeLand?

Dying without a will in Florida means the state’s intestate succession laws determine who inherits your estate. Florida Statutes §732.102 and §732.103 distribute assets first to a surviving spouse, then to descendants by share, and then to more distant relatives. This means unmarried partners, stepchildren, and close friends receive nothing unless named in a valid will or trust document.