Why and How to Avoid Probate

By Erum S. Kistemaker

By: Erum Kistemaker

Why and How to avoid Probate?:

  1. Reason to Avoid Probate – Probate requires filing legal pleadings and court papers, appearance at court hearings, and representation by a licensed lawyer, probate in Florida is expensive and lengthy. Families typically must wait six months or more to complete the probate legal process and receive their inheritance.
  2. Estate planning techniques to avoid – File for a simplified probate (Summary Administration), creating living trusts, joint ownership or joint tenancy of real property, making gifts, using Florida “Lady Bird” deeds, transfer-on-death registration for securities, payable-on-death designations for bank accounts, and beneficiary designations for life insurance policies and retirement accounts. Each method has its own benefits and considerations, so it’s important to consult with an attorney to determine the best approach for your specific situation.
Erum Kistemaker, Managing Attorney

Erum Kistemaker

Managing Attorney

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Frequently Asked Questions

What types of legal issues does Kistemaker Business Law Group handle?

We offer legal guidance and representation in business law & litigation, real estate law, condo & HOA law, construction law, corporate & LLC law, landlord-tenant issues, and property insurance claims.

What areas in Volusia and Flagler Counties do you serve?

We provide specialized legal counsel to clients across the entire Halifax area and beyond. While our office is in Ormond Beach, we frequently represent clients in:

  • Volusia County: Daytona Beach, Daytona Beach Shores, Port Orange, Deland, Deltona, and New Smyrna Beach.

  • Flagler County: Palm Coast and Flagler Beach.

Do you work with both businesses and individual property owners?

Yes — we serve businesses, associations, property owners, landlords, tenants, and developers throughout Volusia & Flagler Counties.

How can Kistemaker Business Law Group help my business with formation and compliance?

Our attorneys assist with entity formation (LLCs/corporations), compliance, contracts, governance, and ongoing legal counsel to help businesses start, grow, and operate confidently in Florida.

Can you help with landlord-tenant disputes?

Absolutely — we provide legal support for both commercial and residential landlord-tenant matters, including lease enforcement, dispute resolution, and eviction proceedings.

What experience does the firm’s leadership bring?

Managing attorney Erum Kistemaker has over 25 years of experience in business, property, construction, and condo/HOA law and holds prestigious recognitions including Super Lawyer status and AV Preeminent® rating.

What sets Kistemaker Business Law Group apart from other law firms?

We combine practical, client-focused legal strategy with deep experience in business and property law — offering tailored solutions and clear communication throughout the legal process.

Are there services available for property insurance disputes?

We provide legal representation for policyholders navigating coverage questions, claims disputes, denied benefits, and post-loss issues.

How do I schedule a consultation with your law firm?

You can contact the firm via phone or the online form on the Contact page to request a consultation, where we’ll discuss your legal needs and next steps.