Ormond Beach, FL Consumer Law: LegalConsumer.com

Free Tools and Information
for Ormond Beach, FL Consumers

Florida Inheritance Law & Probate Procedure

Florida PROBATE COURT FINDER:
- Probate Court for Volusia County: Key information about your local probate court (Circuit Court in Florida) for Volusia County.
How Probate Works in Florida: How to handle the probate of an inheritance at Volusia County's probate court.
- Here are links to:
  - Florida Probate Forms and the
  - Florida State Probate Court Website.
Small Estates Procedures in Florida: Learn how to use Florida's Small Estate procedures that can save you time and money.
- In Florida, there's no Affidavit procedure available for small estates. There is a summary probate procedure available for estates that have no real estate and in which all property is exempt from creditor's claims, except the amounts needed to pay funeral and the last two months of illness expenses.
  
  Fla. Stat. Ann 735.201
  
  There's another summary probate procedure available for estates that don't exceed $75,000 or in which the decedent has been dead for mor than two years. (This excludes the value of all joint tenancy property and other assets that pass by beneficiary designation, such as life insurance and transfer on death accounts.)
  
  Fla. Stat. Ann 735.201 and following.
Florida Estate Taxes:
- Florida, like most states, does not impose an estate or inheritance tax. Only a few states do.
Avoiding Probate in Florida. Find out what property bypasses probate death and goes directly to beneficiaries. such as:
- Transfer on Death Deeds (TODDs)

Bankruptcy & Debt

MEANS TEST CALCULATOR
- for Volusia County, Florida (applies the state and county income and expense standards into your means test calculation. Updated with the latest median income and expense standards for May 15, 2024)
Florida BANKRUPTCY EXEMPTION FINDER: Search detailed listings of bankruptcy exemptions under Florida law and Federal law, for use in filing out Schedule C, when you file for bankruptcy.
- Federal Exemptions available in Florida?:
  - No, except as to exemptions provided by 11 U.S.C. § 522(d)(10). Fla. Stat. §§ 222.20, 222.201
- Florida Homestead Exemption
  - Real or personal property including mobile or modular home to unlimited value; cannot exceed half acre in municipality or 160 acres elsewhere; spouse or child of deceased owner may claim homestead exemption (husband & wife may double)
- Florida Vehicle Exemption
  - Motor vehicle to $5,000 (as of July 1, 2024)
Florida BANKRUPTCY COURT ESSENTIAL INFO: Get information about using your local bankruptcy court.
Florida is divided into 3 federal districts with main cities in
- Miami, West Palm Beach (Southern Distrcit)
- Pensacola (Northern District)
- Tampa, Orlando, Jacksonville (Middle District)
FREE BANKRUPTCY FORMS:
We'll tell you which bankruptcy forms you need and where to find them.

Florida Unemployment Benefits

Benefit Amounts in Florida: Learn how unemployment works, how much you'll get, and for how long.
- Minimum:
  - $32 per week
- Maximum:
  - $275 per week
- Duration:
  - In Florida, the duration of benefits depends on the state's unemployment rate when you apply. The maximum period for which you can receive benefits ranges from 12 to 23 weeks.
Eligibility: >Whether you qualify for unemployment.
How to Apply: How to apply for unemployment in Florida.
- Florida Department of Economic Opportunity
  - 833-352-7759
Unemployment Office Near Me? How to find your local unemployment office.
COVID-19 Benefits: We tracked the rise and fall of COVID-19 unemployment benefit payments.
Florida Wage & Hour Law
- Florida Minimum Wage:
  - The minimum wage in Florida is $12 an hour, as of September 30, 2023. Because this is higher than the federal minimum wage of $7.25, employees in The Sunshine State must be paid at least $12 an hour.
    
    Volusia County Minimum Wage
    
    The minimum wage in Volusia County is $12 an hour, the state minimum wage. Florida law prohibits city and county governments from adopting a local minimum wage that's higher than the state minimum wage.
- Overtime Pay: Every state has rules about weekly maximum hours and overtime. Learn about the overtime laws in Florida and whether they apply to you.
- Wage Claims: If you're being unlawfully underpaid, you need to learn how to file a "Wage Claim" in Florida.
- Tips : Every state has special pay rates for tipped workers. Find out the rules for tipped workers in Florida.
  - In Florida, your employer may pay you a minimum wage of $8.98 an hour (as of September 30, 2023), as long as you earn enough in tips to bring your total hourly pay up to the full minimum wage, $12 an hour. If you don’t earn enough in tips to bring your compensation to the full minimum wage, your employer must make up the difference.