Orlando Probate Litigation Lawyer | Will Contests, Undue Influence & Estate Disputes

If you need an Orlando probate litigation lawyer, you are almost certainly working against a deadline you did not choose. I am Jose M. Lorenzo, Jr., a Florida attorney (Bar No. 107002), and I litigate contested estates across Florida — will contests, undue influence and capacity challenges, removal and surcharge of personal representatives, accounting objections, elective share and homestead disputes. This page explains how a contested probate case actually works in Florida, what the deadlines are, what it costs, and what has to be proved.

Most people who call me are not looking for a definition of probate. They have just learned that a parent’s will was changed weeks before death, or that the personal representative has stopped answering, or that a caregiver is suddenly the primary beneficiary. If that is where you are, start with the deadline table below — in Florida, the deadline is usually the thing that decides whether you have a case at all.

Table of Contents

Key Takeaways

An interested person served with a notice of administration has 3 months — not 90 days — to object to the validity of the will, the venue, or the court’s jurisdiction. § 733.212(3), Fla. Stat. Miss it and the objection is forever barred.
A far shorter trap exists: if you are served with formal notice of the petition for administration before letters issue, you must raise your challenge in that proceeding — generally within the 20 days allowed for written defenses — or lose it entirely. § 733.2123; Fla. Prob. R. 5.040(a).
Since 2002, the presumption of undue influence in Florida shifts the burden of proof — not merely the burden of production — to the person defending the will. § 733.107(2).
A will contest is an adversary proceeding under Florida Probate Rule 5.025. It is full civil litigation: pleadings, discovery, depositions, motions and an evidentiary hearing or trial.
Florida no-contest clauses are unenforceable in wills and trusts. § 732.517; § 736.1108.
Appeals from the Ninth Judicial Circuit go to the Sixth District Court of Appeal, which began hearing cases January 1, 2023. § 35.044.
Consultations on will contest matters are free. I take some probate litigation matters on contingency depending on the matter and the facts; otherwise the hourly range depends on the complexity of the case. Every arrangement is discussed in detail with the client before an engagement.

Deadlines in a Florida Probate Dispute

This is the table to read first. Nearly every case I decline is one where the deadline has run.

What you are challenging	Deadline	Runs from	Authority
Validity of the will, venue, or jurisdiction (after letters issue)	3 months	Service of the notice of administration on you	§ 733.212(3)
Same objections, outside limit	Earlier of final discharge of the personal representative or 1 year	Service of the notice of administration	§ 733.212(3)
Validity of the will where formal notice was served before letters issued	Must be raised in that proceeding — generally 20 days for written defenses	Service of formal notice	§ 733.2123; Fla. Prob. R. 5.040(a)
Objection to an accounting or petition for discharge	30 days	Service of the later of the petition for discharge or the final accounting	Fla. Prob. R. 5.401(a)
Serving notice of hearing on those objections, or they are deemed abandoned	90 days	Filing of the objections	Fla. Prob. R. 5.401(d)
Elective share — notice of election	Earlier of 6 months after service of the notice of administration or 2 years after death	Service on the surviving spouse, or the date of death	§ 732.2135(1)
Creditor claims	Later of 3 months after first publication or 30 days after service on a served creditor	First publication of the notice to creditors, or service	§ 733.702(1)
Absolute bar on claims against the decedent	2 years	Date of death	§ 733.710(1)
Caveat filed before death	Expires 2 years after filing	Date of filing	§ 731.110(4)

How long do I have to contest a will in Florida?

Three months from the date you are served with a copy of the notice of administration. The statute says “3 months,” not “90 days,” and the difference is real. Time is computed under Florida Rule of General Practice and Judicial Administration 2.514, so a three-month period runs to the corresponding calendar date in the third month — anywhere from 89 to 92 days. Service on May 30 gives you until August 30, which is 92 days. A lawyer who diaries “90 days” files two days late, and § 733.212(3) permits no extension except estoppel based on a misstatement by the personal representative about the deadline itself.

What is the 3-month deadline after a Notice of Administration?

The notice of administration is the document that starts your clock. Once it is served on you, § 733.212(3) requires that you object to the validity of the will, to venue, or to the court’s jurisdiction “on or before the date that is 3 months after the date of service,” or “those objections are forever barred.” The statute is emphatic that the period cannot be extended for failure to disclose information or for misconduct by the personal representative. And even where the narrow estoppel exception applies, there is an absolute outer bar: all objections to validity, venue or jurisdiction must be filed no later than the earlier of the personal representative’s final discharge or one year after service of the notice. If a notice of administration has arrived, treat it as the most time-sensitive document in the file.

What happens if I miss the deadline to contest a will?

In most cases, the challenge is gone. And once a will is admitted to probate in Florida, § 733.103(2) makes that admission conclusive in any collateral proceeding as to the will’s due execution, the testator’s competence, freedom from fraud, duress, mistake and undue influence, and the fact that the will was unrevoked at death. That is precisely why the challenge has to be brought inside the probate case and inside the statutory window rather than raised later in a separate lawsuit.

There are narrow exceptions worth evaluating: you were never served; the will was procured by fraud that also concealed the proceeding; a later will surfaces; or the claim is one that does not depend on the will’s validity at all, such as tortious interference with an expected inheritance. If your deadline looks blown, it is still worth an hour of analysis before you accept that.

Can I contest a will after probate is closed?

Read the deadline carefully, because it is earlier than most people assume. A proceeding to revoke probate under § 733.109 may be commenced by any interested person — expressly including a beneficiary under a prior will — but only before final discharge of the personal representative, and only if you are not already barred under § 733.212 or § 733.2123. Once the personal representative has been discharged, § 733.109 is no longer available to you.

So “after probate is closed” is the wrong frame. The real question is whether the estate is still open. If it is, revocation of probate is on the table and you should move immediately. If the personal representative has already been discharged, the remaining options are narrow — most commonly a claim for tortious interference with an expected inheritance where someone’s conduct kept you out of the proceeding, discussed below. Note too that § 733.109(3) protects a good-faith purchaser for value who bought estate property from the personal representative before any order of revocation, so property already sold on to a third party is usually beyond reach even if you win.

While the proceeding is pending, administration continues as though it had not been filed, except that no distribution may be made to beneficiaries in contravention of the rights of those who would take but for the will. § 733.109(2). If you believe an estate is being administered without you, call before it closes — the discharge is a door that does not reopen.

What It Costs to Contest a Will in Florida

No competitor page in this market publishes anything useful about the cost of contested litigation. Here is a direct answer.

How much does it cost to contest a will in Florida?

It depends on the complexity of the case, and I would rather explain what drives that than quote you a number that means nothing. My hourly rate range is tied to how involved the matter turns out to be, and every arrangement is discussed in detail with the client before any engagement.

What actually moves the cost:

How far the case goes. A dispute resolved by negotiation or at early mediation, with limited discovery, costs a fraction of one that runs through full discovery and a contested evidentiary hearing.
How many depositions are needed. One beneficiary and the drafting attorney is a different case from eight family members, three caregivers and two physicians.
Whether experts are required. Capacity cases often need a medical expert; a suspected forgery needs a document examiner. Both are real line items.
The volume of records. Years of medical charts, bank statements and facility logs take time to obtain and review, and that review is where cases are won.
How reasonable the other side is. The single largest variable, and the one neither of us controls. An opponent who refuses to produce an accounting turns a three-month matter into an eighteen-month one.
Whether fees may be recoverable. In a breach of fiduciary duty case, § 733.609 makes a fee award mandatory, which changes the economics considerably.

At the consultation I will walk you through which of those apply to your facts and what the realistic exposure is. I would rather give you an honest picture and have you decide than quote a low number designed to get you in the door.

Do you take will contests on contingency?

Sometimes, yes. I do take certain probate litigation matters on a contingency basis, but it depends entirely on the matter and the facts — the strength of the claim, what is actually recoverable, and whether the asset can be reached at the end of it. It is not a blanket policy, and I will not pretend it is. Some contested estates suit a contingency arrangement well; on others it would not be in the client’s interest, and I would rather say so in the first conversation.

The alternatives are hourly against a retainer, or a hybrid structure that reduces the hourly rate in exchange for a contingency component. Which one fits depends on the same factors that drive the cost of the case, and all of it is discussed in detail with you before you sign anything. Consultations on will contest matters are free, so the conversation about fees costs you nothing.

Who pays attorney’s fees in a Florida will contest?

Florida is not a pure “each side bears its own” jurisdiction in probate. Several provisions shift fees:

Scenario	Who can be made to pay	Authority
Breach of fiduciary duty by the personal representative, or a challenge to the exercise of their powers	Court shall award taxable costs including attorney’s fees; may be satisfied from the party’s interest in the estate, from their other property, or both	§ 733.609(1)–(2)
An attorney who has rendered services to the estate	May be awarded reasonable compensation from the estate	§ 733.106(3)
A good-faith proponent of a will, even if probate is denied or revoked	Shall receive costs and attorney’s fees from the estate	§ 733.106(2)
Court directing from what part of the estate fees are paid — and it may assess them against one or more persons’ share without finding bad faith, wrongdoing or frivolousness	The beneficiary or beneficiaries whose share the court assesses	§ 733.106(4)(b), (4)(d)
Review of the propriety of any agent the personal representative employed, and the reasonableness of compensation paid to that agent or to the personal representative — burden on the PR and the person employed	The personal representative or the employed person, by reduction or refund of excessive compensation	§ 733.6175
Claim or defense the party or counsel knew or should have known was unsupported by the material facts or by then-existing law	Court shall award, paid in equal amounts by the losing party and the losing party’s attorney	§ 57.105(1)

Can the estate pay my lawyer to contest the will?

Sometimes — and this is one of the least-understood provisions in Florida probate. Section 733.106(3) provides that “any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.” Florida courts have construed that to turn on whether the services benefited the estate as a whole rather than only you — that benefit requirement is case law, not statutory text. Successfully removing a personal representative who was dissipating assets benefits the estate; increasing your own share at another beneficiary’s expense generally does not.

Two related provisions are worth knowing. Under § 733.106(2), a person nominated as personal representative — or any proponent of a will — who in good faith offered the will for probate shall receive costs and fees from the estate even if probate is denied or revoked. And § 733.106(4) lets the court direct which part of the estate pays: under (4)(b) it may assess fees against one or more persons’ share in whatever proportion it finds just, and under (4)(d) it may do so without any finding of bad faith, wrongdoing or frivolousness. That last point surprises people, and it cuts both ways.

What are the chances of winning a will contest?

Nobody can give you a percentage honestly, and anyone who does is selling. What I can tell you is what separates the cases that win from the ones that do not: contemporaneous medical records showing cognitive decline around the execution date; a beneficiary who was demonstrably involved in procuring the will; a sharp, unexplained departure from a long-standing estate plan; isolation of the decedent from family; and a drafting attorney whose file supports rather than undermines the challenge. When several of those are present, the undue influence presumption discussed below does a great deal of work for you.

Is it worth contesting a will?

Run the arithmetic before the emotion. Compare what you would receive if you win against what you receive under the current will, then subtract realistic fees and costs and discount for risk. If the difference is small, litigation is usually the wrong tool and a negotiated family settlement agreement is the right one. If the difference is large — and in Florida it often is, because homestead and non-probate assets can swing the outcome — the case deserves a serious look. I will tell you when I think a case is not worth bringing.

Grounds to Contest a Will in Florida

What are the grounds to contest a will in Florida?

Ground	What must be shown	Authority
Undue influence	A substantial beneficiary in a confidential relationship who actively procured the will	§ 732.5165; § 733.107
Lack of testamentary capacity	The testator did not understand the nature of the act, the extent of the property, or the natural objects of their bounty	Common law
Fraud	Misrepresentation that procured the execution or the contents	§ 732.5165
Duress	Coercion overcoming free will	§ 732.5165
Mistake	Execution procured by mistake	§ 732.5165
Insane delusion	A fixed false belief, against all evidence, that materially affected the disposition	Common law
Improper execution	Failure of the statutory formalities — signature at the end, two attesting witnesses signing in the presence of the testator and each other	§ 732.502
Revocation	The will was revoked by a later instrument or physical act	§ 732.505; § 732.506

Two points about § 732.5165 that most pages get wrong. First, the statute includes mistake alongside fraud, duress and undue influence. Second, it is severable: “Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons.” So a challenge can target a single devise rather than the whole document. The same section also voids a revocation procured by any of those four grounds — which is the mechanism that revives a prior will, and is often the more valuable claim.

Who can contest a will in Florida?

An “interested person” — someone whose financial interest in the estate may be affected by the outcome. In practice that means a beneficiary under the challenged will, a beneficiary under a prior will, an intestate heir who would inherit if the will fell, a surviving spouse, or a creditor as to matters affecting their claim. Standing is the first thing opposing counsel will attack, and it is worth confirming before anything is filed.

What evidence do I need to contest a will?

The challenged will, every prior will or codicil, and the drafting attorney’s complete file
Medical records spanning the execution date — physician notes, cognitive assessments, hospital and facility records, medication lists
Financial records showing transfers, account changes, beneficiary designation changes and deeds in the months before death
Communications: texts, emails, letters, and caregiver or facility logs
Witness testimony from family, friends, neighbors, aides and the attesting witnesses
A timeline of the decedent’s decline set against the dates of every legal document signed

Can I get a jury trial in a Florida will contest?

No. The Florida Supreme Court has stated it plainly: “Probate issues are tried by the court without a jury.” Goggin v. Shanley, 81 So. 2d 728 (Fla. 1955). The reasoning is historical — probate originated in the ecclesiastical and equity courts of England, outside the common law, so the Article I, § 22 jury guarantee does not reach it. In re Estate of Howard, 542 So. 2d 395 (Fla. 1st DCA 1989) (“There exists no constitutional right to a jury trial in a probate adversary proceeding”).

That changes how the case should be prepared: the presentation is built for a judge who knows the Probate Code, not for a jury. There is one meaningful exception, and experienced counsel use it — a tortious interference with an expectancy claim is an ordinary civil action and does carry a jury right. Mulvey v. Stephens, 250 So. 3d 106 (Fla. 4th DCA 2018); Henry v. Jones, 202 So. 3d 129 (Fla. 2d DCA 2016). Where the facts support both, the choice of vehicle can decide who finds the facts.

Undue Influence in a Florida Will Contest

This is the most common and the most powerful ground, and Florida law gives the challenger a genuine structural advantage that many pages fail to explain.

How do you prove undue influence in Florida?

You rarely prove it directly — the conduct happens behind closed doors. Instead you establish three elements that trigger a presumption: a person who is a substantial beneficiary under the will, who occupied a confidential relationship with the decedent, and who was active in procuring the will. Once those are established, the burden shifts to the will’s proponent.

What are the Carpenter factors?

They come from In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), where the Florida Supreme Court listed the criteria for active procurement:

Carpenter factor	What it looks like in practice
Presence at the execution of the will	The beneficiary was in the room when it was signed
Presence when the testator expressed a desire to make a will	The subject only ever came up with that person present
Recommendation of the drafting attorney	The beneficiary chose the lawyer, often one the decedent had never used
Knowledge of the contents before execution	The beneficiary knew the terms before the testator’s family did
Giving instructions to the drafting attorney	The lawyer’s file shows the beneficiary conveying the instructions
Securing the witnesses	The beneficiary arranged who would witness
Safekeeping the will after execution	The original stayed with the beneficiary

The factors are non-exclusive, and you do not need all seven. Courts also weigh isolation of the decedent, the beneficiary’s control over finances and medical care, and the degree to which the new plan departs from a long-established one.

What is the presumption of undue influence, and who has to disprove it?

This is the single most important thing to understand about a Florida will contest, and it is where most competitor pages are out of date.

Carpenter itself created a “vanishing” presumption that shifted only the burden of production — the beneficiary offered a reasonable explanation and the presumption disappeared. The Legislature abolished that in 2002. Section 733.107(2), Florida Statutes, now provides that the presumption “implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304.”

That language is deliberate. By reciting that it implements public policy, the statute pushes the presumption out of § 90.303 (burden of production) and into § 90.304 (burden of proof). The consequence: once you establish the three elements, the will’s proponent must prove the absence of undue influence, by the greater weight of the evidence. The presumption does not evaporate when they offer an explanation.

The Fifth District spelled this out in Hack v. Janes, 878 So. 2d 440 (Fla. 5th DCA 2004): the 2002 amendment “supersedes Carpenter and Cripe v. Atlantic First National Bank … to the extent that they prohibit a shifting of the burden of proof,” while the portions of Carpenter explaining when the presumption arises remain good law. So Carpenter still governs the trigger; § 733.107(2) governs the consequence. Later decisions applying the statute include Diaz v. Ashworth, 963 So. 2d 731 (Fla. 3d DCA 2007), RBC Ministries v. Tompkins, 974 So. 2d 569 (Fla. 2d DCA 2008), and Hannibal v. Navarro, 317 So. 3d 1179 (Fla. 3d DCA 2021).

If a lawyer tells you a Florida undue influence presumption is merely “rebuttable” and leaves it there, they are describing the law as it stood before 2002.

What is “active procurement”?

Meaningful involvement in bringing the will into existence — measured against the Carpenter factors above rather than by a single bright line. Driving the decedent to the appointment, sitting in on it, relaying the instructions, and keeping the original afterward is active procurement. Merely being named, or merely being close to the decedent, is not.

What is a “confidential relationship”?

A relationship of trust and dependence in which one person reasonably relies on the other. It is not limited to formal fiduciaries. Florida courts have found it in the caregiver who manages medications and finances, the adult child holding a power of attorney, the new spouse who takes over the household accounts, and the friend who becomes the decedent’s sole link to the outside world. Dependency and control matter more than the label.

How do you rebut the Carpenter presumption?

If you are defending a will, you must affirmatively prove the absence of undue influence. What works: independent counsel the decedent selected and met with alone; a contemporaneous physician’s assessment of capacity; the lawyer’s file documenting the decedent’s own reasons for the change; a plan consistent with statements the decedent made to others over time; and a rational, documented explanation for treating children differently. I handle both sides of these cases, and defending one is a different discipline from bringing one.

Falsely accused of undue influence — what now?

Do not respond by destroying or reorganizing anything, and do not try to explain it directly to the other beneficiaries. Preserve every document and message, write down the sequence of events while it is fresh, and identify the neutral witnesses — the drafting attorney, the physician, the facility staff. Because the burden shifts to you once the three elements are established, a defense built late is a defense built badly.

Lack of Testamentary Capacity

What is the three-part test for testamentary capacity?

At the moment of execution, the testator must have understood: (1) the nature and extent of their property; (2) the natural objects of their bounty — the people who would ordinarily inherit; and (3) the practical effect of the will they were signing. All three, at that moment. The Florida Supreme Court stated the test in In re Wilmott’s Estate, 66 So. 2d 465 (Fla. 1953): the testator must “mentally understand in a general way the nature and extent of the property to be disposed of, and the testator’s relation to those who would naturally claim a substantial benefit,” together with “a general understanding of the practical effect of the will as executed.” Raimi v. Furlong, 702 So. 2d 1273 (Fla. 3d DCA 1997), and American Red Cross v. Estate of Haynsworth, 708 So. 2d 602 (Fla. 3d DCA 1998), restate it in the same terms. Capacity is judged solely as of the moment of execution.

Testamentary capacity is a lower threshold than the capacity required to manage one’s affairs generally, which is why a diagnosis alone rarely decides the case. Capacity is presumed, and the burden of invalidating a will for lack of capacity “is a heavy one” that must be carried by a preponderance of the evidence. Hendershaw v. Estate of Hendershaw, 763 So. 2d 482 (Fla. 4th DCA 2000).

Can someone with dementia sign a valid will in Florida?

Yes. A dementia diagnosis does not automatically void a will. The question is always capacity at the moment of execution. Someone in the early stages of Alzheimer’s may well satisfy the three-part test; someone in the late stages will not. The evidence that decides these cases is contemporaneous — what the records and witnesses show about that day, not the diagnosis on the chart.

The Third District applied this recently in Reeves v. Gross, 403 So. 3d 362 (Fla. 3d DCA 2025), upholding a will against a capacity challenge even though an expert opined the testator suffered from acute brain impairment and a major neurocognitive disorder. The opinion failed because it did not address the fact that people with cognitive impairment often experience periods of lucidity, and because the testator had executed similar documents earlier. The court restated that Florida applies a presumption of testamentary capacity and that the burden of invalidating a will for lack of capacity “is a heavy one.” That is the wall a capacity challenge has to get over, and it is why these cases are built on contemporaneous records rather than a diagnosis.

What is a lucid interval?

A period during which a person with a fluctuating cognitive condition regains sufficient understanding to satisfy the test. Florida has long recognized it — a person suffering from mental illness may execute a valid will during a lucid interval. Murrey v. Barnett National Bank of Jacksonville, 74 So. 2d 647 (Fla. 1954). It is the standard defense to a capacity challenge: the proponent argues the will was signed during such a window. A “lucid moment” means the testator actually returned to a state of comprehension and possessed testamentary capacity — not merely that no delusion was apparent that day. That is why the fight in capacity cases is fought over the records and the witnesses closest to the execution date, not over the general trajectory of decline.

Does a dementia diagnosis automatically mean incapacity?

No. Evidence of incapacity on other occasions does not create a presumption of incapacity or shift the burden to the proponent. Hendershaw v. Estate of Hendershaw, 763 So. 2d 482 (Fla. 4th DCA 2000). A prior adjudication of incapacity is stronger — it does raise a presumption against testamentary capacity for a will executed afterward — but that presumption is rebuttable by proof of execution during a lucid interval. In re Estate of Supplee, 247 So. 2d 488 (Fla. 2d DCA 1971). Note also that the rights a court may remove under § 744.3215(2) do not include the right to make a will.

The converse is also true: the absence of any diagnosis does not defeat a capacity challenge where the lay witnesses describe someone who did not know what they owned or who their children were.

Can a will signed in a nursing home weeks before death be challenged?

Yes, and that fact pattern often supports both grounds at once. A will executed shortly before death, in a facility, favoring whoever was managing access to the decedent, tends to generate the medical records that support a capacity challenge and the Carpenter factors that trigger the undue influence presumption. Facility records — visitor logs, nursing notes, medication administration records — are frequently the most valuable evidence in the case, and they do not last forever.

What is insane delusion as a ground to contest a will?

A distinct ground: the testator held a fixed false belief against all evidence and reason — that a child had stolen from them, or was not biologically theirs, or was plotting against them — and that belief materially affected the terms of the will. Unlike a general capacity challenge, an insane delusion claim can succeed even where the testator was otherwise sharp. The challenge is proving both the falsity of the belief and its causal effect on the disposition.

What is probate fraud?

Probate fraud covers several distinct wrongs: fraud in the execution, where the testator is deceived about what they are signing; fraud in the inducement, where lies about family members procure a particular disposition; forgery of the will or of a signature; and concealment or destruction of a later will. Each is provable, and each carries a different evidentiary path — a forgery case turns on document examination, an inducement case on communications and witnesses.

Is a No-Contest Clause Enforceable in Florida?

No. This is one of the most consequential questions in this practice area and almost nobody answers it plainly.

Florida is among the minority of states that refuse to enforce no-contest clauses — also called in terrorem clauses — entirely. Section 732.517, Florida Statutes provides that a provision in a will penalizing an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable. Section 736.1108(1) does the same for trusts — with one limit worth knowing: § 736.1108(2) applies the trust rule only to trusts created on or after October 1, 1993, and a revocable trust is treated as created when the right of revocation terminates, which for most people means at death.

So if you are reading a will that says you forfeit everything if you challenge it: in Florida, that clause has no legal effect. It may have been drafted to frighten you, and it frequently succeeds at that. It does not survive contact with the statute.

And Florida goes further than most states. Under the Uniform Probate Code and in many jurisdictions, a no-contest clause is unenforceable only against a contestant who had probable cause to bring the challenge — meaning a weak contest can still cost you your inheritance. Florida has no probable-cause exception. The clause is unenforceable even against a contestant who turns out to have had no good reason at all. That is the single biggest difference between Florida and the states most people have read about.

Two qualifications. First, the statutes reach clauses that penalize a contest. A provision structured instead to offer a beneficiary an alternative benefit — take this, or take your statutory rights — may not be an in terrorem clause at all. Careful drafters build around the statute this way, so the clause has to be read closely rather than dismissed on sight. Second, an unenforceable forfeiture clause does not make a contest risk-free — the fee-shifting provisions above are real. But the forfeiture clause itself is not the risk.

How a Florida Probate Dispute Is Actually Litigated

What is an adversary proceeding in Florida probate?

This is the concept that governs everything else, and it appears on almost no competing page. Under Florida Probate Rule 5.025, certain contested matters are adversary proceedings, including: removing or surcharging a personal representative; probating a lost, destroyed or later-discovered will; determining beneficiaries; contesting the validity of a will; revoking probate of a will; construing or reforming a will; cancelling a devise; partition for distribution; determining pretermitted status or share; determining the amount of the elective share and contribution; and obtaining an injunction under § 825.1035.

Rule 5.025(d)(2) is the operative language: after service of formal notice, “the proceedings, as nearly as practicable, must be conducted similar to suits of a civil nature, including entry of defaults. The Florida Rules of Civil Procedure govern, except for rule 1.525.” In plain terms, your will contest stops being a probate filing and becomes a lawsuit — pleadings, defaults, discovery, depositions, subpoenas, motions to compel, summary judgment practice and an evidentiary hearing or bench trial.

What are the stages of a probate litigation case?

Stage	What happens
Evaluation	Review of the wills, the drafting file, medical and financial records; standing and deadline analysis
Pleading	Petition or objection filed; formal notice served; written defenses due within 20 days
Discovery	Interrogatories, requests for production, subpoenas duces tecum to banks, physicians and the drafting attorney; depositions of the beneficiary, witnesses and treating providers
Motion practice	Motions to compel, protective orders, and summary judgment where the facts permit
Mediation	Usually required before final hearing; most cases resolve here
Evidentiary hearing or bench trial	Tried to the judge; exhibits pre-marked and exchanged in advance
Post-judgment	Fee litigation, enforcement, and any appeal

Who is an “interested person” and do I have standing?

An interested person is one who may reasonably be expected to be affected by the outcome of the particular proceeding. It is measured proceeding by proceeding, not once for the whole case — you can be an interested person for one petition and not another. If you would inherit under a prior will or under intestacy but take nothing under the challenged will, you generally have standing to contest it.

What is the burden of proof in a Florida will contest, and does it shift?

The proponent of the will initially establishes its formal validity. The contestant then bears the burden on the ground asserted, by the greater weight of the evidence. But on undue influence, the burden shifts back to the proponent once the three elements are established — burden of proof, not production, under § 733.107(2). That shift is the strategic centre of most Florida will contests, and structuring the case to trigger it early is most of the work.

What is a caveat and should I file one?

A caveat under § 731.110 is an early-warning filing that prevents an estate from being opened without your knowledge. An interested person other than a creditor may file before or after death; a creditor may file only after death. Where a non-creditor caveat is on file, the court may not admit a will to probate or appoint a personal representative until formal notice of the petition for administration has been served on you.

One correction to a claim that circulates widely: only a caveat filed before death expires, two years after filing, under § 731.110(4). A caveat filed after death — including any creditor caveat — has no statutory expiration. If you believe a family member is about to open an estate quietly, a caveat is inexpensive and effective.

Can I contest a will before the person dies?

No. Section 732.518 provides that an action to contest the validity of all or part of a will — or the revocation of all or part of a will — may not be commenced before the testator’s death. A living person can change their will at any time, so there is nothing final to challenge. What you can do while they are alive is file a pre-death caveat, and — if someone is exploiting them now — pursue remedies directed at that conduct rather than at the will.

Can I contest a will if I signed a waiver?

It depends entirely on what you signed and what you knew. A waiver of notice is not a waiver of your right to object to the will’s validity. A consent to a specific petition binds you as to that petition. A broad receipt, release and waiver signed at distribution is the hardest to overcome — but even that can be attacked where it was obtained without disclosure of material facts, by misrepresentation, or where you were not given the information needed to evaluate what you were giving up. Bring the document itself; the analysis lives in its exact wording.

What happens if the will was lost or only a copy exists?

Establishing a lost or destroyed will is its own adversary proceeding under Rule 5.025. It requires proof of the will’s contents and of its due execution, and it must overcome the presumption that a will last known to be in the testator’s possession and not found at death was revoked by the testator. Rebutting that presumption is the heart of the case — evidence that someone else had access to the original, or that the decedent consistently described the will as still in force, is what carries it.

Removing a Personal Representative and Surcharge

What are the grounds for removing a personal representative?

Under § 733.504, a personal representative shall be removed if they were not qualified to act at the time of appointment. The twelve enumerated grounds are: adjudication of incapacity; physical or mental incapacity rendering them incapable of discharging the duties; failure to comply with any court order not superseded on appeal; failure to account for the sale of property or to produce and exhibit the assets of the estate when required; wasting or maladministering the estate; failure to give bond or security; conviction of a felony; insolvency of, or appointment of a receiver or liquidator for, any corporate personal representative; holding or acquiring conflicting or adverse interests that will or may interfere with administration of the estate as a whole; revocation of the probate of the will that authorized the appointment; removal of domicile from Florida where domicile was a requirement of appointment; and being qualified at appointment but no longer entitled to it.

Two distinctions worth knowing. Removal on the twelve enumerated grounds is discretionary — the statute says the personal representative “may be removed” — whereas removal is mandatory where they were not qualified to act at the time of appointment. And the conflicting-interests ground does not apply to a surviving spouse merely because they exercised the elective share, family allowance, or exemptions. Removal is initiated by petition and is an adversary proceeding.

What is a surcharge action?

A claim to hold the personal representative personally liable for loss to the estate caused by their breach. Section 733.609(1) sets the standard high: “A personal representative’s fiduciary duty is the same as the fiduciary duty of a trustee of an express trust,” and they are liable to interested persons for damage or loss resulting from breach of that duty. The court shall award taxable costs including attorney’s fees, and under subsection (2) may satisfy them from the party’s interest in the estate, from their other property, or both. That last provision is what makes surcharge reach personal assets.

Can I sue an executor for not distributing assets?

Florida calls the role personal representative, and yes. Delay alone is not a breach — creditor periods, tax matters and asset liquidation legitimately take time — but delay coupled with no accounting, no communication, or use of estate assets is. The usual sequence is a written demand for the inventory and accounting, then a petition to compel, then removal and surcharge if the conduct continues. Each step builds the record for the fee award.

The personal representative has broad powers over estate property, but they are not unlimited, and protected homestead is expressly excepted from their right of possession under § 733.607(1). If property was sold below market, sold to an insider, or sold without required authority, the remedies include surcharge for the difference, setting aside the sale, and removal. Move quickly — a sale to a good-faith purchaser is harder to unwind as time passes.

Can an executor buy estate property from the estate?

This is textbook self-dealing, and it is not automatically void — but it is voidable, and the burden is squarely on the fiduciary to establish the fairness of the transaction and full disclosure. If a personal representative proposes to buy the family home from the estate, the protections are an independent appraisal, open marketing, notice to all beneficiaries, and court approval. Absent those, object before the sale closes rather than after.

What am I entitled to see as an estate beneficiary?

The notice of administration and a copy of the will
The inventory of estate assets
Accountings showing receipts, disbursements, distributions and fees
The petition for discharge and plan of distribution
Records supporting the accounting — § 733.504 makes failure to produce records a ground for removal

How do I object to an estate accounting, and how long do I have?

Thirty days from service of the later of the petition for discharge or the final accounting, under Florida Probate Rule 5.401(a). The objection must “state with particularity the items to which the objections are directed” and must state the grounds on which they are based. Rule 5.401(b). A general complaint that the numbers look wrong will not satisfy that standard.

Filing is not enough — you must also serve. Rule 5.401(c) requires the objector to serve the objections on the personal representative and on interested persons no later than 30 days after the last date on which the petition or accounting was served on the objector. Filing without serving leaves the objection vulnerable.

And filing the objection is not the end of it. This is where objectors most often lose a strong position. Under Rule 5.401(d), if a notice of hearing on the objections is not served within 90 days of filing them, the objections are deemed abandoned and the personal representative may distribute the estate under the plan of distribution. Note precisely what the 90 days measures: it runs to service of the notice of hearing, not to the hearing date itself, so a hearing set beyond the 90 days is fine as long as the notice went out inside it. An objection filed and then left to sit is worth nothing.

Once objections are properly before the court, Rule 5.401(e) requires the court to sustain or overrule each one and determine a plan of distribution, and under Rule 5.401(f) discharge follows only on evidence that the estate was distributed according to that plan and creditors paid. If an accounting has just arrived and something looks wrong, that is a same-week problem.

How long does an executor have to settle an estate in Florida?

There is no single statutory deadline, but the structure sets expectations: the creditor period runs three months from first publication, and a simple formal administration is commonly complete within roughly nine to twelve months. Beyond that, the personal representative should be able to explain what is holding it up — litigation, a tax matter, real property that has not sold. “I’m working on it,” repeated for a year with no accounting, is the profile of a case that needs a petition to compel.

Can I sue my sibling for spending Mom’s money before she died?

Often, yes — and this claim is frequently worth more than the will contest. Where a sibling held a power of attorney and used it for their own benefit, the claims include breach of fiduciary duty by the agent, conversion, unjust enrichment, and exploitation of an elderly person or disabled adult. Exploitation is a felony under § 825.103, and the civil exposure comes through two separate statutes: § 772.11 allows a civil action for treble damages, a $200 statutory minimum, and attorney’s fees and costs, for anyone injured by a violation of § 825.103(1) — proven by clear and convincing evidence, after a required pre-suit written demand, and without punitive damages. The victim’s death does not divest the court of jurisdiction. Separately, § 415.1111 gives a vulnerable adult — or the personal representative of a deceased victim’s estate — a cause of action for actual and punitive damages, attorney’s fees and costs. Note that § 709.2109(4) protects an agent who acted in good faith without knowledge of the principal’s death — so the timing and the agent’s knowledge matter. The personal representative normally brings these claims on the estate’s behalf; if the personal representative is the sibling, the route is removal, or appointment of an administrator ad litem to pursue the claim.

Tortious Interference With an Expected Inheritance

What is tortious interference with an expected inheritance?

An independent tort — not a will contest — for damages against the person who wrongfully interfered. The elements are: (1) the existence of an expectancy; (2) intentional interference with the expectancy through tortious conduct such as fraud, duress or undue influence; (3) causation; and (4) damages. Whalen v. Prosser, 719 So. 2d 2 (Fla. 2d DCA 1998); Schilling v. Herrera, 952 So. 2d 1231 (Fla. 3d DCA 2007).

A conceptual point that matters in practice: the tort protects the testator’s freedom of disposition, not your expectancy. The fraud or undue influence is directed at the decedent, and your claim is derivative of their rights. For the same reason, the claim generally cannot be filed before the testator’s death.

The critical limitation comes from the Florida Supreme Court: if adequate relief is available in the probate proceeding, that remedy must be exhausted before a tortious interference claim may be pursued. DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981). The exception is where the wrongdoer’s own conduct made adequate probate relief impossible — most commonly where they concealed the death or the probate proceeding until the deadlines had run. Schilling v. Herrera, 952 So. 2d 1231 (Fla. 3d DCA 2007), allowed the claim to proceed on exactly those facts, holding that where a defendant’s fraud is not discovered until after probate, the plaintiff may bring a later action for damages because relief in probate was impossible.

The tort is a powerful fallback and a poor substitute for filing on time. If your deadline has not yet run, the will contest is the stronger route.

Spousal Rights, Homestead and Disinheritance Disputes

A surviving spouse is entitled to 30 percent of the elective estate under § 732.2065. The base matters enormously: the elective estate is not the probate estate. Section 732.2035 sweeps in POD, TOD and “in trust for” accounts and securities; joint tenancy and tenancy-by-the-entirety fractional interests; revocable trust property; the decedent’s beneficial interest in the net cash surrender value of life insurance on their life immediately before death; and pension, retirement and deferred compensation benefits payable by reason of surviving the decedent (excluding Railroad Retirement and Social Security). A spouse told “there’s nothing in the estate” because everything passed by trust or beneficiary designation is frequently being misinformed.

The earlier of six months after service of the notice of administration on the surviving spouse, or two years after the decedent’s death. § 732.2135(1). The six-month period can be extended for good cause on a petition filed within it, but never beyond two years from death. An election may be withdrawn within eight months of death if no order of contribution has been entered.

Yes. Spousal rights including the elective share, homestead rights, exempt property, family allowance and intestate share can be waived by a written contract, agreement or waiver signed by the waiving party. The litigation is almost always about validity: whether there was fair disclosure of assets, whether the agreement was signed voluntarily, and whether its language actually reaches the right being asserted. A waiver of “all rights in the estate” and a waiver of homestead are not the same thing.

Can you leave your Florida homestead to anyone in your will?

No — and this catches more Florida families than any other rule. If the decedent was survived by a spouse or a minor child, the homestead is subject to the devise restrictions of Art. X, § 4(c) of the Florida Constitution and § 732.4015. A devise that violates the restriction does not take effect; the property descends as the statute directs. Because homestead is the largest asset in most Orlando-area estates, a devise that ignores the restriction can reorder the entire distribution.

Who inherits Florida homestead property?

Where the restriction applies and the devise fails, § 732.401 controls. The surviving spouse takes a life estate in the homestead with a vested remainder to the descendants in being at the time of the decedent’s death, per stirpes — or may elect instead to take an undivided one-half interest as tenant in common, with the descendants taking the other half. That election must be made within 6 months after the decedent’s death and during the surviving spouse’s lifetime, and the time may not be extended except on a timely petition by a guardian of the property or attorney-in-fact. § 732.401(2)(b). The election is perfected by recording a notice of election containing the legal description of the homestead in the county’s official records. § 732.401(2)(e). Once made, it is irrevocable. Missing the six months is a common and expensive error. Protected homestead is also expressly excepted from the personal representative’s right of possession under § 733.607(1).

Am I entitled to anything if I’m not mentioned in the will?

Possibly. Florida allows a parent to disinherit an adult child, but several doctrines can still produce a share: the pretermitted child rule under § 732.302; the pretermitted spouse rule under § 732.301, which gives a spouse who married the testator after the will was made an intestate share unless the spouse was provided for or waived by a prenuptial or postnuptial agreement, was provided for in the will, or the will discloses an intention not to provide for them; the effect of dissolution of marriage under § 732.507(2); homestead descent as above; and of course a successful challenge to the will itself.

The dissolution rule is worth stating precisely, because it is often described loosely. For decedents dying on or after June 29, 2021, any provision of a will affecting the testator’s spouse is void upon dissolution of the marriage — including a marriage judicially declared invalid — and the will is then construed as if the spouse died at the time of the dissolution. That timing matters for anti-lapse and alternate takers. It does not apply to a will executed after the dissolution, where the will states a contrary intention, or where the dissolution judgment expressly provides otherwise.

What is a pretermitted child?

A child born or adopted after the will was executed, who is not provided for in it. Under § 732.302 that child receives a share equal to what they would have received had the testator died intestate — provided the child has not already received a part of the testator’s property equivalent to a child’s part by way of advancement. Note how narrow that threshold is: an ordinary lifetime gift or a beneficiary designation is not an advancement.

There are exactly two statutory exceptions: (1) it appears from the will that the omission was intentional; or (2) the testator had one or more children when the will was executed and devised substantially all the estate to the pretermitted child’s other parent — and that other parent survived the testator and is entitled to take under the will. The pretermitted share is obtained under § 733.805.

Note the limit on the whole doctrine: it protects children born or adopted after the will, not a child the testator deliberately cut out of a later one.

What happens if you disinherit an adult child in Florida?

It is permitted, and if done properly it holds. What does not hold is a disinheritance produced by someone else’s influence, or executed by a testator who no longer understood who their children were. In practice, an unexplained late-life disinheritance that coincides with one beneficiary taking control of the decedent’s affairs is the single most common fact pattern in this practice.

Common Situations I Am Called About

My mother left everything to her caregiver — what can I do?

This is the paradigm undue influence case, and it is usually a strong one. A paid caregiver who becomes a substantial beneficiary almost always occupied a confidential relationship, and the Carpenter factors are frequently satisfied: they drove her to the lawyer, chose the lawyer, sat in on the meeting, knew the terms first, and kept the original. Establish those elements and the burden shifts to the caregiver to prove the absence of undue influence. Preserve the facility and agency records immediately — visitor logs and shift notes are often decisive and are not retained indefinitely.

My sibling stole my inheritance — what do I do?

Separate the timeline into before and after death, because the claims are different. Before death: breach of fiduciary duty by an agent under a power of attorney, conversion, unjust enrichment, exploitation of an elderly person. After death: breach of fiduciary duty by the personal representative, surcharge and removal. Both can run in the same case. First step is preservation — do not confront them before the records are secured, because accounts get closed and documents disappear.

My stepmother took everything — what are my rights?

Second-marriage estates generate more Florida litigation than any other family structure. The angles: the homestead devise restrictions, which frequently defeat a devise of the house to a second spouse where children survive; the elective share, if you are the spouse rather than the child; survivorship and beneficiary designations changed late in life; and undue influence over a new estate plan executed after the marriage. Bring the deed, the account statements and every version of the estate plan you can obtain.

The executor won’t return my calls or distribute anything — what now?

Put the demand in writing and ask specifically for the inventory and a full accounting. That written demand does two things: it often produces the documents, and if it does not, it establishes the record for a petition to compel and for the fee award that follows. Silence in response to a written demand is itself evidence.

My sibling is living in the inherited house and won’t sell — can I force a sale?

Usually yes. Once the property has vested in co-owners, a partition action can compel sale and division of the proceeds. Where the property is still in administration, the route may instead be a petition within the probate case. An occupying co-owner may also be accountable for rental value and creditable for taxes, insurance and necessary repairs — the accounting between co-owners is frequently where the real money is.

Was changing the will right before death legitimate?

It can be. People do reasonably revise their plans near the end of life. What makes a late change suspect is the pattern around it: a new lawyer the decedent had never used, a beneficiary who arranged everything, a sharp break from decades of consistent intent, isolation from other family, and cognitive decline documented in the records. One of those is a question. Four of them is a case.

What is the penalty for stealing from an estate in Florida?

On the civil side: surcharge for the loss, removal, and a mandatory award of taxable costs and attorney’s fees under § 733.609 that can be satisfied from the wrongdoer’s own property. Separately, § 772.11 permits a civil action for treble damages by a person injured by exploitation of an elderly person under § 825.103(1), and § 415.1111 provides a vulnerable adult or their estate’s personal representative a claim for actual and punitive damages plus fees and costs. On the criminal side, conduct of this kind can constitute theft, and exploitation of an elderly person or disabled adult under § 825.103 is a felony graded by the value involved — $50,000 or more is a first-degree felony. Charging decisions belong to the State Attorney; the civil remedies are what I pursue.

Orlando and the Ninth Judicial Circuit

Where is an Orlando probate dispute filed?

In the county where the decedent was domiciled at death. Under § 733.101, wills are admitted to probate and letters are granted in the county of domicile; if the decedent had no Florida domicile, venue lies where property is located. For Orlando and Orange County, that is the probate division of the Ninth Judicial Circuit, which covers Orange and Osceola Counties. If the decedent had no Florida domicile, venue lies in any county where their property is located; if neither, in the county where a debtor of the decedent resides. Filing in the wrong county is not fatal — § 733.101(3) lets the court transfer the action as under the Rules of Civil Procedure, and action already taken is unaffected — but it costs months.

Appeals go to the Sixth District Court of Appeal, seated in Lakeland, which began hearing cases January 1, 2023. The Sixth Appellate District comprises the Ninth, Tenth and Twentieth Judicial Circuits. § 35.044, Fla. Stat.; ch. 2022-163, Laws of Fla. Appeals from Orange County probate cases are no longer heard by the Fifth DCA — a detail that still appears incorrectly on many Florida law firm pages.

The realignment has a consequence for the law that governs your case, and it is more subtle than most firms acknowledge. It cuts in two directions.

In the trial court, the old precedent still binds. A trial court must follow the decisions of the district court that had jurisdiction over it when those decisions were rendered. Pardo v. State, 596 So. 2d 665, 667 (Fla. 1992) (“if the district court of the district in which the trial court is located has decided the issue, the trial court is bound to follow it”). The Fifth District applied exactly this to the January 1, 2023 realignment in Jennings v. Durden, 403 So. 3d 885 (Fla. 5th DCA 2024) — a case that itself transferred districts mid-appeal when the Fourth Circuit moved from the First District to the Fifth. The court held “the trial court was powerless to ignore” the older district’s decision, “which was, at that time, directly binding precedent that the trial court was obliged to follow.” A trial judge “may certainly question the soundness of a district court of appeal’s decision,” but “has no authority to do anything other than follow those decisions which are on point.”

On appeal, it does not. The Sixth DCA has held that “an appellate court is not bound by any of the decisions issued by its sister appellate courts,” and that this “applies equally to the newly created Sixth District Court of Appeal,” which is therefore “not bound by the precedent of any of its sister courts, including the Second and Fifth District.” CED Capital Holdings 2000 EB, LLC v. CTCW-Berkshire Club, LLC, 363 So. 3d 192 (Fla. 6th DCA 2023).

What that means practically: an older Fifth DCA probate decision still governs in the Orange County courtroom, but it is only persuasive once the case reaches the Sixth DCA — which the Sixth District may adopt, as the Fifth District did in Jennings, or decline to follow. Some questions Florida probate lawyers have treated as settled for years are genuinely open on appeal in this district. That is worth knowing before you decide whether a case is worth appealing.

Filings and records go through the Orange County Clerk of Courts, Probate Division, at 425 N. Orange Avenue, Suite 335, Orlando, FL 32801. The probate line is (407) 836-2057. Note the hours, because they are not the same: the counter is open Monday through Friday from 7:30 a.m. to 4:00 p.m., but the phones are answered only from 8:00 a.m. to noon — a four-hour window that catches people out constantly.

What Orange County does differently in a contested probate case

The Ninth Circuit’s probate division publishes its own practices, and several of them change how a contested case has to be run. These are the ones that matter most, and I have not seen another firm’s page address any of them:

Probate hearings are not recorded. The division’s procedures state that only guardianship and mental health cases are digitally recorded by the court reporter — probate cases are not. If you want a record, you retain and pay for your own court reporter. See the next question, because this is more consequential than it sounds.
Interpreters are not provided for probate cases. The court funds interpreters for guardianship and mental health matters only. A party or witness who needs interpretation at a probate hearing must arrange and pay for it privately.
AI use in filings must be disclosed and every citation certified. A party using artificial intelligence to prepare any pleading, motion or brief must disclose that use in a clear factual statement and certify that each citation to law or to the record has been independently verified. Non-compliance risks having pleadings struck.
Exhibits must be bates-stamped and exchanged five business days before the hearing, followed by a substantive good-faith telephone conference on stipulations and objections to admissibility. Electronic submissions are Word or PDF only.
Evidentiary hearings are in person. Non-evidentiary matters may be virtual; telephone appearance is not permitted at all. Cameras stay on, and anyone testifying needs government-issued identification available on camera.
Hearing length is controlled. Short, uncontested matters are ten minutes or less. Anything over an hour requires the judge’s prior approval — which is why a contested evidentiary hearing has to be requested properly rather than simply noticed.

Judicial assignments in the probate division change annually by administrative order and sometimes mid-year, so rather than list judges here I would point you to the circuit’s own judges directory. Note also that each division publishes its own procedures, so the requirements above should be checked against the division your case is assigned to.

Do I need my own court reporter for a probate hearing in Orlando?

If there is any chance you will appeal, yes — and this is the single most overlooked expense in Orange County probate litigation. Because probate hearings are not recorded, no transcript exists unless you paid for one. No transcript generally means no meaningful appellate record, and an appellate court reviewing a factual finding without a transcript will ordinarily affirm. A few hundred dollars for a reporter at an evidentiary hearing can be the difference between having an appeal and having no appeal at all. I retain a reporter for every contested evidentiary hearing, and I would tell you to do the same with any lawyer you hire.

For filing mechanics, records requests, forms and case lookups, see my dedicated Orange County probate court guide.

Do I need an Orlando probate litigation lawyer if I live out of state?

You need a Florida lawyer, and you do not need to be in Florida. A large share of my contested matters involve beneficiaries living in other states or abroad. Filings are electronic, most non-evidentiary hearings are virtual, and depositions are routinely remote. What requires physical presence is the evidentiary hearing or trial, and that is my appearance to make, not yours. See also my guidance for an out-of-state executor in Florida.

How long does a contested probate case take in Orlando?

A matter that resolves at or before mediation commonly takes six to twelve months. A case that proceeds through full discovery, expert testimony and an evidentiary hearing typically runs twelve to twenty-four months, and an appeal adds a year or more. The variables are the volume of records, whether medical experts are needed, and how many parties are involved. I would rather give you an honest range at the outset than a comfortable one.

What does an Orlando probate litigation lawyer charge?

My consultation on a will contest matter is free. Beyond that, there is no single answer, and any lawyer who gives you one over the phone is guessing. My hourly range depends on the complexity of the matter; I take some cases on contingency depending on the facts; and a hybrid arrangement is available where it makes sense. All of it is discussed in detail with the client before an engagement — never quoted blind.

Two things worth knowing regardless of who you hire. Fees in probate matters paid from estate assets are subject to court review under § 733.6171 and § 733.6175 — the court, not the lawyer, has the last word. Section 733.6175 reaches further than most people realize: the court may review the propriety of the personal representative’s employment of any agent, and the reasonableness of compensation paid to that agent or to the personal representative itself. The burden of proving both falls on the personal representative and the person employed, not on the beneficiary objecting, and anyone found to have received excessive compensation may be ordered to refund it. And several of the fee-shifting provisions above may put some or all of your fees on the other side or on the estate. I will tell you at the outset which of them realistically apply to your case, because that assessment often matters more to the decision than the rate does.

When should I call an Orlando probate litigation lawyer?

Before the deadline, and earlier than feels necessary. Call when a notice of administration arrives; when you learn the will was changed late in life; when the personal representative stops communicating or refuses an accounting; when an accounting arrives that does not add up; when you suspect someone used a power of attorney for themselves; or when you believe an estate is about to be opened without you. Records vanish, witnesses move, and every one of the deadlines in the table above runs whether or not anyone told you about it.

What to Bring to Your Consultation

The will you are challenging or defending, and every earlier will or codicil you can obtain
The death certificate
The notice of administration and any formal notice you were served with — with the date of service
Any accounting, inventory or petition for discharge you have received
All correspondence with the personal representative or their attorney
A list of known estate assets, including real property, accounts and beneficiary designations
A timeline of the decedent’s medical decline set against the dates of documents signed
Any power of attorney, deed, or beneficiary change made in the last few years of life

Communities I Serve in Central Florida

Primary counties	Cities and communities
Orange County	Orlando, Winter Park, Windermere, Dr. Phillips, Lake Nona, Millenia, Horizon West, Hunter’s Creek, Avalon Park, Baldwin Park, Belle Isle, Ocoee, Apopka, Maitland, Winter Garden
Seminole County	Sanford, Altamonte Springs, Oviedo, Longwood, Winter Springs, Casselberry
Osceola County	Kissimmee, Celebration, St. Cloud
Lake, Polk and Volusia Counties	Clermont, Winter Haven, and surrounding communities

About the Attorney

I am Jose M. Lorenzo, Jr., Esq., Florida Bar No. 107002. My practice is concentrated in probate, estate and fiduciary litigation, and I handle contested matters throughout Florida, including Orange, Seminole, Osceola, Lake, Polk and Volusia Counties. I am a solo practitioner by choice: the lawyer who evaluates your case is the lawyer who takes the depositions and argues it. You will not be handed to a rotating associate, and you will not learn what happened at your hearing from a paralegal.

I speak Spanish and represent Spanish-speaking clients throughout Central Florida.

Consultations on will contest matters are free. I take some matters on contingency depending on the facts, and where I do not, the hourly range depends on the complexity of the case — all of it discussed with you in detail before you commit to anything. And if your case is not worth bringing, I will tell you that in the first conversation rather than after a retainer.

Contact Lorenzo Law · (305) 224-6811 · jml@lorenzolaw.com

Reviewed by Jose M. Lorenzo, Jr., Esq., Florida Bar No. 107002. Last reviewed September 2026. This page is general information about Florida law and is not legal advice; reading it does not create an attorney-client relationship.