Pinellas County Probate Litigation Attorney

At a glance: contested estates in Pinellas County

What does a Pinellas County probate litigation attorney do?

What does a probate litigator do that an administration lawyer does not? The contested work above, from the first written demand through discovery, mediation, an evidentiary hearing or trial, and any appeal. People arrive at this work calling it different things. Some search for a Pinellas probate litigation lawyer or a St. Petersburg probate litigation attorney; others for a Clearwater will contest attorney, a probate dispute attorney, an estate litigation attorney, a trust litigation attorney or an inheritance dispute lawyer. The table matches each term to what it usually means and where this page answers it.

Lorenzo Law is a solo practice. Jose M. Lorenzo, Jr. handles both sides of these matters: representation may mean bringing a challenge or defending one, subject to a conflicts review. The lawyer for a personal representative does not automatically represent every beneficiary, and relatives with conflicting interests may need separate counsel. Tell the firm your role and the names of the other parties before sending detailed private records, so that conflicts and representation can be assessed.

What is the difference between probate litigation and probate administration?

Probate administration is the court-supervised process of opening an estate, collecting assets, paying valid claims and distributing what remains. It remains a legal process with court oversight even when no one objects. Probate litigation is what happens when someone objects, petitions or sues inside or around that process. The same estate can be in both at once: administration generally continues while a will contest is pending, subject to limits on distribution (§ 733.109). Does Florida use executor or personal representative? Personal representative, for an executor named in a will and an administrator appointed without one alike; this page uses both terms because people search for both.

This page describes contested representation. If the family needs an estate administered without a dispute, start with St. Petersburg probate administration; the court-procedure side of a Pinellas estate, including forms, records and filing mechanics, is covered in the Pinellas County probate court guide. Planning, administration and contested representation are separate engagements.

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Which kind of dispute do you have?

See the chart “Which dispute is it? Nine situations and the route each one takes”

This table identifies questions for review, not an automatic right to sue. Florida estate litigation can involve related probate, trust and property proceedings, each with its own parties and procedural requirements, and the Florida estate disputes guide explains how they fit together.

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Who can contest a will or trust in Pinellas County?

In practice, the people who can contest a will in Florida are 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, and a creditor as to matters affecting the claim. The status is measured proceeding by proceeding, not once for the whole case: a person can be an interested person for one petition and not another. Standing is the first thing opposing counsel will test, so it is confirmed before anything is filed.

Can anyone contest a will in Florida? No. Can family members contest a will simply because they are family? Also no. A relationship matters only through an inheritance it would produce, under a prior will or by intestacy. A concern about harm to the estate also raises a separate question: who has authority to pursue the estate’s claim? An individual beneficiary cannot assume that every loss to the estate is a personal claim for that beneficiary’s share.

Can you contest a will if you were left out of it?

Only with standing and a recognized ground. Being unfairly left out of a will is not itself a legal ground, and Florida allows a parent to disinherit an adult child: a disinheritance that was the testator’s own decision, executed with capacity and without undue influence, holds. Not being named is usually the reason for the contest, not a bar to it, if the person would take under a prior will or by intestacy. Bring the document or facts supporting your interest: a previous will, a trust provision, the family relationship, a fiduciary appointment or a claim against the estate.

If you are the personal representative or trustee, bring the petition or demand made against you and the records of the challenged decision; the first task may be preserving records and responding on time. See defending a will, trust or fiduciary.

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

A request for records or an ongoing settlement discussion does not, by itself, preserve a claim, and sending an inquiry to a lawyer does not stop a deadline. Have the actual notice, any waiver and the case history reviewed rather than calculating from the date someone told you about the death.

This is a review aid, not a deadline calendar. It does not calculate a date for any particular estate.

See the chart “What starts the clock: six documents and the timing rule each one triggers”

Is the deadline three months or 90 days?

Three months. Section 733.212, the will contest Florida statute that governs most cases, uses three calendar months, and three calendar months is not the same as 90 days, because a month may have 28, 29, 30 or 31 days. Do not replace the period with 90 days, do not diary it as three months from the date you heard about the death, and do not use a generalized example as your filing date. People search for the statute of limitations to contest a will in Florida; for a served interested person this is it, and it is measured from service, not from death. A lawyer should calculate the actual date from the service history and the applicable time-computation rules, and where the filing is close to the end of the period, the safe course is to file early rather than argue about computation later.

Can a will be contested after probate has started?

Yes, within the periods in the notice table. Section 733.109 allows an interested person, expressly including a beneficiary under a prior will, to petition to revoke probate before the personal representative’s final discharge, but only if the person is not already barred under § 733.212 or § 733.2123. Once the personal representative has been discharged, that route is closed. “After probate is closed” is therefore the wrong frame; the questions are whether the estate is still open and whether an earlier bar already applies. Can a will be contested after probate is granted, or can a probated will be contested? Yes, by revocation, within those limits. Can a will be contested after distribution, overturned after death years later, or contested 10 years later? Only where no earlier bar applies and a route remains open, which after a final discharge is rarely the case. When is it too late to contest a will? Usually when the contesting-a-will time limits in the notice table have run, or the personal representative has been discharged; the will-contest period in § 733.212 is measured from service, not from the death, although other contesting probate time limits, such as the elective share’s two-year outer limit, do run from death.

What happens if you miss the deadline to contest a will? The objection is generally barred. If you were never served, signed a waiver, or discovered a later will, a lawyer must evaluate those facts and the existing orders; none of them is an automatic exception. A probate contest also does not automatically halt administration: while a revocation proceeding is pending, administration continues, except that no distribution may be made in contravention of the rights of those who would take if the will were revoked, and the statute protects a good-faith purchaser for value who bought estate property from the personal representative before any order of revocation.

What is a caveat, and should you file one?

A caveat under § 731.110 is an early-warning filing for the period before an estate is opened. Where an interested person other than a creditor has filed one, the court may not admit a will to probate or appoint a personal representative until formal notice of the petition has been served on the caveator, so the person learns of the estate and can participate before anything is decided. A creditor may file only after death, and a creditor’s caveat does not carry the same protection. A caveat filed before death expires two years after filing. It is not itself a will contest and not proof of entitlement to anything. When can a will be contested? Only after the testator’s death: a will cannot be contested before death under § 732.518.

Waivers, consents and releases

If you signed a waiver, a consent or a release, bring the exact signed document, the petition it concerns and any filing or service evidence. A waiver of notice, a consent to specific relief and a receipt, release and waiver signed at distribution have different effects. Waiving notice does not preserve the same opportunity to object later: § 733.212(8) treats a filed waiver of service as service on the date of filing, and § 733.2123 expressly includes waived formal notice in its pre-letters rule. Do not assume that a document labeled “waiver” was harmless, or that it eliminated every possible claim.

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What to gather before the consultation

1. Every notice and court paper. Include the entire document, attachments, envelope, delivery record, email and any signed waiver. Note when and how each item was delivered and whether a hearing is already set.
2. The estate identity. The decedent’s full name, date of death, domicile at death, case number, county, assigned section (Section 3 or Section 4 for a Pinellas estate) and the personal representative’s name, if known.
3. The disputed instruments. The current and earlier wills, codicils, trusts, amendments, deeds, powers of attorney and beneficiary designations. Keep originals intact; make working copies.
4. The transaction trail. The asset, amount, date, account or property involved, who authorized the transaction and who received the benefit, with any statements or closing records already available to you.
5. A short chronology. Separate what you personally observed from what someone reported. List witnesses, their contact information and the event each can describe.
6. The relief you need. Whether your immediate concern is obtaining information, responding to a challenge, stopping a pending transaction, changing a fiduciary, disputing a document or recovering property.

Preserve original messages and files rather than relying only on cropped screenshots. Do not access someone else’s account without authority or alter original documents. Medical records, financial records and a drafting attorney’s file may require consent, a subpoena, a court order or other lawful process; they are not automatically available to every family member. Ask how to share sensitive documents before sending medical records or full financial statements.

Keep a separate notice log

For each notice or court paper, record its exact title, sender, recipient, delivery method, the date it was received or served, and any stated response or hearing date. Record the filing date of any waiver as well. Keep evidence of delivery even if you are unsure whether it was legally effective service. The date printed on an envelope alone does not establish every deadline. A lawyer can identify which missing records matter after reviewing the actual notice and the Pinellas docket.

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What makes a Florida will invalid?

For the statewide service, see Florida will-contest representation; for the broader legal framework, see the guide to contesting a will in Florida. Learning how to contest a will starts with standing, grounds and timing; the local task is to connect those legal questions with your interest, the Pinellas case and the notices already served.

Two points about § 732.5165 are often missed. It includes mistake alongside fraud, duress and undue influence, and it is severable: the part of a will procured by those means is void while the remainder, if otherwise valid, stands. A challenge can therefore target a single devise. The section also voids a revocation procured by those means, but invalidating one instrument does not automatically prove that a particular earlier will governs; each instrument and each revocation has to be evaluated. Can a will be overturned? Only on a recognized ground proved with evidence. Can a holographic will be contested? Florida does not give effect to a holographic will as such, even one valid where it was written; a handwritten will counts only if it was signed and witnessed as Florida requires (§ 732.502).

Can someone with dementia sign a valid will?

Yes. A diagnosis of dementia or Alzheimer’s disease alone does not decide testamentary capacity. The question is the testator’s understanding at the moment of execution: in a general way, the nature and extent of the property, the people who would naturally claim a benefit, and the practical effect of the will being signed. Capacity is presumed, and the challenger carries a heavy burden to prove its absence, so contesting a will due to dementia, or contesting a will due to mental capacity more generally, requires proof about the day of signing, not about the illness in general. A person with a fluctuating condition may execute a valid will during a lucid interval, which is the standard defense to a lack-of-capacity challenge. Medical records may bear on both capacity and vulnerability to influence, and there is no automatic twelve-month evidence cutoff: compare the chronology with physician notes, cognitive assessments, facility records, medication lists and the witnesses’ observations around the signing.

How do you prove undue influence in Florida?

Undue influence is rarely proved directly, because the conduct happens behind closed doors. To define undue influence in plain terms: it means pressure that destroys the testator’s free agency; help with daily care, closeness to a parent or an unequal gift alone does not establish it. That is the undue influence meaning courts apply in estate planning documents generally, whether the instrument is a will, a trust or a deed (§§ 732.5165, 736.0406; Cripe v. Atlantic First National Bank of Daytona Beach). Proving undue influence usually means proving circumstances. This is how the presumption of undue influence Florida law recognizes works. Suspicion alone does not trigger the presumption; the contestant must prove a substantial beneficiary, in a confidential relationship, who was active in procuring the will (the Carpenter factors). Once those facts are established, § 733.107(2) shifts the burden of proof to the will’s proponent to prove the absence of undue influence. Levin v. Levin illustrates the threshold point — where the contestant cannot prove active procurement, no presumption arises at all. For the full service, see the Florida undue influence attorney page.

The factors associated with In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), are not exclusive and not a checklist on which one box decides a case. For example, a late amendment benefiting a person who managed appointments warrants factual questions about instructions and independence; it does not establish wrongdoing without evidence. A person defending the document may have evidence of independent advice, consistent intentions and the signing circumstances. Both sides need the actual records rather than conclusions based only on family conflict.

What if the original will is missing, or there are several versions?

A lost will is its own proceeding. A copy does not automatically establish the operative will, and a missing original does not by itself end the analysis. To establish a lost or destroyed will, Florida law requires proof of its contents and due execution under § 733.207 and the applicable probate rules, in an adversary proceeding, and the proponent must overcome the presumption that a will last known to be in the testator’s possession and not found at death was revoked. Where several wills or codicils exist, the sequence of execution and revocation decides which instrument, or which parts, govern. Preserve copies, drafts and communications about where the original was kept.

Is a no-contest clause enforceable in Florida?

No. Section 732.517 makes a provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate unenforceable, and § 736.1108 does the same for trusts, with an applicability provision tied to when the trust was created. That does not make litigation risk-free: an in terrorem clause being unenforceable does not remove standing requirements, deadlines, fees, costs, adverse rulings or the effect a successful challenge has on the distribution.

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Trust contests and trustee disputes

The grounds for contesting a trust parallel a will contest: lack of capacity, undue influence, fraud, duress, mistake and defective execution, applied to the trust or to a particular amendment or restatement. A dispute between a successor trustee and the beneficiaries, or between co-trustees, is a conduct claim rather than a validity claim. Trust judicial proceedings generally use civil procedure under § 736.0201, subject to its exceptions, and trust venue has its own alternatives under § 736.0204. Bring the entire trust, every amendment, the notices and the accountings; a summary or certificate of trust may leave out the disputed provision. The Florida trust litigation attorney page covers the detailed service and remedies.

Can a trust be sued in Florida? Whether you sue “the trust” or the trustee depends on the claim: a validity challenge is directed at the instrument and the people who take under it, and a trust can be contested in court by complaint; a claim about administration is a claim against the trustee in that capacity, and sometimes personally. How difficult is it to contest a trust? As with a will, it turns on evidence tied to a recognized ground and on the trust’s own limitation periods, not on the size of the disappointment. How expensive is trust litigation? The same cost drivers as a will contest apply, with the added cost of a civil action and, often, a forensic review of the trust accounts.

Can a trust be contested after the settlor dies?

Yes. A living or revocable trust, one that was revocable during the settlor’s life, is generally contested after the settlor dies, within the trust’s own limitation periods: the earlier of the applicable chapter 95 period or six months after the trustee sent the trust instrument and the required notice (§ 736.0604). Irrevocability generally determines when a validity contest may begin (§ 736.0207); it does not itself start a limitation period. The validity of an irrevocable trust can also be challenged for fraud, duress, mistake or undue influence (§ 736.0406); modifying or terminating a valid irrevocable trust is a different proceeding. Can a non-beneficiary, a sibling or another family member contest a trust? Only with an affected interest, such as a beneficiary under an earlier version or a person who would take if the trust failed; being a family member is not enough by itself.

What if a trustee will not provide an accounting?

A trustee not providing an accounting is a common complaint. A trustee has information duties to qualified beneficiaries under § 736.0813, subject to the statute’s qualifiers about who is entitled to what and when; avoid assuming that every relative has the same right to every record. An unanswered request justifies a written demand that identifies the information sought; continued refusal supports a petition to compel an accounting, and the accounting may support further relief, including removal, a surcharge for misappropriation or other loss, an injunction, or a claim for breach of trust. Receiving a trustee accounting is itself a date to record. Under § 736.1008, the six-month bar concerns adequately disclosed matters and an applicable limitation notice, measured from the later receipt of the disclosure document or the limitation notice, unless sooner barred; other limitation and repose provisions also matter.

Removing a trustee

To remove a trustee, § 736.0706 supplies a framework different from the one for a personal representative. The settlor, a cotrustee or a beneficiary may ask the court, or the court may act on its own initiative, and the grounds are a serious breach of trust; a lack of cooperation among cotrustees that substantially impairs administration; unfitness, unwillingness or persistent failure to administer the trust effectively, where removal best serves the beneficiaries’ interests; or a substantial change of circumstances or a request by all qualified beneficiaries, subject to the statute’s conditions. Disagreement with a trustee’s discretionary decisions is not enough. A trustee can be held personally liable for a breach of trust through surcharge or damages under § 736.1002. See the Florida trustee removal attorney page.

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When a personal representative mishandles the estate

The rows above are examples of executor misconduct that justify a closer look, not proof of it. A statement showing a payment proves that money moved; it may not explain whether the payment was authorized, reasonable or a loss to the estate. Much of the work is documentary: matching each accounting entry to a statement, invoice, order or closing file, and identifying the entries that have nothing behind them. See the Florida breach of fiduciary duty attorney page for the statewide service.

Can the executor take everything?

No. Can the executor of a will take everything, can an administrator of an estate take everything, or can the executor of a trust (the trustee) take everything? No. A personal representative administers the estate under the governing documents and the law, and treating estate property as their own, favoring themselves or a relative without disclosure, or ignoring court orders is a breach of duty. The property ultimately distributed can, however, be affected by debts, expenses, court orders, how assets were titled and the terms of the will, so a smaller distribution than expected is not proof that anything was taken. Can an executor of a will also be a beneficiary? Yes; that is common, and a fiduciary’s status as a beneficiary is not itself a disqualifying conflict — removal on conflict grounds under § 733.504(9) requires a conflicting or adverse interest that will or may interfere with administration of the estate as a whole. Counsel examines each capacity rather than treating every disagreement as self-dealing.

How do you remove a personal representative in Florida?

How to remove an executor in Florida: by a petition to remove executor or administrator filed with the court as an adversary proceeding that identifies the precise ground and its proof. Can an executor be removed, can an heir contest an executor, and can you challenge an executor of a will without challenging the will itself? Yes, on the statutory grounds for removing an executor. Section 733.504 distinguishes disqualification at appointment, which requires removal, from later causes, where removal is discretionary. Listed causes include adjudication of incapacity, failure to comply with a court order, failure to account for the sale of property or to produce and exhibit estate assets when required, wasting or maladministration of the estate, failure to give bond, conviction of a felony, and holding or acquiring conflicting or adverse interests that will or may interfere with administration of the estate as a whole. The conflict ground does not reach a surviving spouse merely because the spouse exercised the elective share, family allowance or exemptions. Removing an executor of an estate is not automatic because beneficiaries dislike the representative or disagree with a decision; the court must remove personal representative authority, and beneficiaries cannot remove an executor on their own. What happens when an executor is removed? The removed personal representative must file a final accounting and deliver the estate’s assets and records to the successor, and removal does not exonerate the representative from liability (§ 733.506; § 733.508; § 733.509).

What if the personal representative will not account or distribute?

What happens if an executor refuses to provide an accounting, and what should you do if an executor is not providing information to beneficiaries? An executor not distributing estate assets as quickly as the family expected has not, for that reason alone, breached a duty: the creditor period, tax matters and the sale of real property legitimately take time, and there is no single statutory date by which every estate must close. Delay coupled with no accounting, no communication or use of estate assets is a different matter. The usual sequence is a written demand that asks specifically for the inventory and a full accounting, then a petition to compel, then removal and surcharge if the conduct continues. Review whether a report was required, who was entitled to receive it, whether a waiver was signed and what response period applies. The written demand does two things: it often produces the documents, and if it does not, it builds the record for the petition and any later fee request.

What does an executor have to tell beneficiaries, and does an executor have to show an accounting to beneficiaries in Florida? Generally a beneficiary is entitled to the notice of administration and a copy of the will, the inventory, the accountings showing receipts, disbursements, distributions and fees, and the petition for discharge and plan of distribution, subject to any waiver the beneficiary signed (§ 731.302); failure to produce records when required is itself a removal ground.

What if the executor does not probate the will at all? A person named as personal representative is not the only one who can act: an interested person may petition for administration (§ 733.202), and whoever holds the original will must deposit it with the clerk within ten days after learning of the death, with a process to compel production (see the 10-day rule).

Co-executors and resignation

Can a co-executor be removed? Yes, on the same statutory grounds; one of several personal representatives can be removed without removing the others, and the court decides whether the remaining representative continues alone or a successor is appointed. Can an executor remove another executor? Not alone; a co-representative must petition the court like any other interested person. Can a personal representative step down? Yes, by petitioning the court to resign. After notice to interested persons, the court may accept the resignation if the estate’s interests are not jeopardized; the resigning representative must surrender the estate’s assets and records to the successor and file a final accounting before being discharged, and acceptance does not end the representative’s liability (§ 733.502; § 733.5035; § 733.5036).

Objecting to an estate accounting

For a final accounting or petition for discharge, Florida Probate Rule 5.401 requires the objection within 30 days after service of the later of the two documents, identifying the items and grounds with particularity, and served on the personal representative and interested persons within that period. If a notice of hearing on the objections is not served within 90 days after they are filed, the objections are deemed abandoned. An accounting objection is not a will contest: it addresses identified entries, transactions or a proposed distribution, and a beneficiary can accept the will while disputing the accounting. Interim accountings and trust accountings have their own rules.

Surcharge: making the fiduciary pay for a loss

Surcharge seeks to hold a fiduciary financially responsible for a proven breach and the resulting loss. It differs from removal: removal addresses who continues to serve; surcharge addresses the harm. Section 733.609 holds the personal representative to the duty of a trustee of an express trust, makes the representative liable to interested persons for damage or loss resulting from a breach, and contains a costs and attorney’s-fees provision whose entitlement, amount and source require analysis. Market changes, legitimate administration expenses and an actual breach have to be distinguished, and the amount someone hoped to inherit is not necessarily the measure of damages.

Can a pending sale or distribution be stopped?

Sometimes, and only with a legal basis, the right procedure and evidence of urgency. A personal representative may sell real property when the will grants a power of sale or the court authorizes it (§ 733.613), but a sale below market, to an insider or without required authority can be challenged. Can a personal representative transfer property to himself or herself? A personal representative who buys estate property personally has a conflict of interest, and the purchase is voidable by an interested person unless an exception in § 733.610 applies. Object before a sale closes rather than after, because revocation of probate does not impair title already conveyed to a good-faith purchaser for value. Tell counsel what is about to happen, who is involved, the proposed date and the documents establishing it; calling a matter urgent does not produce a hearing or an order, and an inquiry does not preserve the asset.

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Can a deed, joint account or beneficiary designation be challenged?

The grounds overlap with a will contest: lack of capacity, undue influence, fraud, forgery, lack of authority in the agent who signed, and defective execution of the deed or form. The evidence is different. For a deed, obtain the recorded instrument and the prior deed from the Pinellas County Clerk’s Official Records, identify the grantor and grantee, note whether an agent signed and under what power, and compare the execution date, recording date, legal description and consideration. Recording identifies a document in the public records; it does not adjudicate its validity, and a property appraiser’s entry or tax bill is not a substitute for the deed. For an account or designation, the institution’s change-of-beneficiary form, the signature card and the date of the change against the medical timeline are what matter. Because a successful will contest does not undo these transactions, a family dispute often has to be pleaded as several claims, sometimes in more than one court. See Florida deed contests, whether a Lady Bird deed can be contested and challenging transfers made before death.

A disputed house: will, deed or co-ownership

A home in Clearwater, St. Petersburg or Largo can create several different disputes. Start with the recorded ownership history, the instrument challenged and the timing of the transfer. If a deed transferred the property during life, invalidating a later will may not resolve title. If co-owners accept their ownership but cannot agree on a sale, partition may be the relevant route: a partition action can compel a sale and division of the proceeds, and the accounting between co-owners, for mortgage, taxes, insurance, repairs and the value of exclusive use, is often where the real money is. Partition ordinarily follows the land under § 64.022. If the dispute concerns a personal representative’s sale of estate property, review the estate proceeding and the representative’s authority. If the house was the decedent’s homestead, the homestead rules below decide who owns it before any partition question arises. See the Florida partition action page and the guide for siblings who disagree about selling the family home.

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What rights do spouses, children and heirs have outside a will contest?

The elective share Florida law provides is 30 percent of the elective estate under § 732.2065, and the elective estate is not the probate estate: it reaches payable-on-death and transfer-on-death accounts, interests in joint and entireties property, revocable trust property, the net cash surrender value of life insurance and specified retirement benefits, among other categories. A spouse told that there is nothing in the estate because everything passed by trust or beneficiary designation may be misinformed. The election is generally due within the earlier of six months after service of the notice of administration or two years after death (§ 732.2135), with extension and tolling provisions that require their own review. The elective share is not always larger or cheaper than another route. The Florida elective share and heirs’ rights page covers the election, valuation and worksheet.

Homestead is the other right that operates regardless of the will. Article X, section 4(c) of the Florida Constitution and § 732.4015 restrict the devise of homestead when the owner is survived by a spouse or a minor child, and a devise that violates the restriction does not take effect; the home then descends as § 732.401 directs, generally a life estate to the surviving spouse with a remainder to the descendants, or, at the spouse’s timely election, an undivided half interest. A spouse can give up these protections in advance in a valid marital agreement or through specific language in a deed, but a spouse’s waiver does not remove the separate restriction that applies when a minor child survives. A tax homestead exemption does not by itself answer the descent question. Exempt property and the family allowance are additional statutory protections for a surviving spouse and certain children, separate from the elective share (§ 732.402; § 732.403; § 732.2105).

Spouses and children omitted from a will

A pretermitted spouse, one who married the testator after the will was made, receives an intestate share under § 732.301 unless provided for or waived by agreement, provided for in the will, or excluded by an intention the will discloses. A spouse who was named in the will but given little is in a different position, and the elective share is usually the route there. A pretermitted child, one born or adopted after the will was executed, receives an intestate share under § 732.302, subject to its exceptions; the doctrine protects after-born children, not a child deliberately omitted from a later will. Being an adult child does not by itself create an entitlement to a fixed share under a valid will.

What happens when there is no will?

An intestate estate is divided by statute, so the disputes are about who the heirs are, who is entitled to serve as personal representative, whether a document someone claims is a will is one, and whether property passed outside the estate. Contesting intestacy is therefore about facts rather than an instrument. A determination of heirs in Florida, or of beneficiaries, is its own proceeding (§ 733.105), decided on documents: birth, marriage, adoption and death records, prior judgments and the family tree set against the intestacy statutes. Priority for appointment as personal representative is governed by § 733.301, and qualification is a separate question: § 733.303 disqualifies, among others, a person convicted of a felony and a person convicted of abuse, neglect or exploitation of an elderly or disabled adult. A contested appointment is heard before letters issue, which is why the formal-notice rule in the notice table matters here too.

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Money taken before death, and protecting a parent who is still alive

Can you sue a sibling who spent a parent’s money under a power of attorney?

Sometimes, but separate what happened before death from what happened afterward, because the claims and the proper plaintiff differ. Before death, an agent’s misuse of a power of attorney for the agent’s own benefit may support claims for breach of fiduciary duty and conversion, as well as liability under § 709.2117 to restore the value of the principal’s property, and power of attorney fraud of that kind may also constitute exploitation of an elderly person or disabled adult, the conduct people mean when they search for exploitation of the elderly in Florida. After death, an inheritance expectation does not by itself authorize an individual beneficiary to pursue the estate’s claim; the personal representative normally brings it, and if the personal representative is the sibling, the route may be removal or the appointment of an administrator ad litem, and in some circumstances, in Pinellas County as elsewhere, a curator or a guardian ad litem is appointed to act for the estate or for a person who cannot act for themselves. Some claims require action by a fiduciary on behalf of an estate or trust rather than an individual relative.

Section 772.11 can provide a civil theft or exploitation remedy in qualifying cases, with a heightened proof standard, a pre-suit demand requirement and potential fee consequences for unsupported claims. It is not an automatic multiplier for every disputed withdrawal, and enhanced damages are not an automatic penalty payable to an heir. Criminal investigation and charging are separate from civil recovery and are decisions for the State Attorney; neither guarantees that money will be returned. Proving power of attorney abuse starts with the instrument granting authority and the actual transfers, so preserve both before confronting anyone. Discuss the transaction first so that the appropriate representation can be identified; this page does not promise representation in every civil-theft or exploitation claim.

If the person is still alive

Families searching for help with elder financial exploitation, financial exploitation of vulnerable adults or senior financial exploitation, for the elder financial abuse laws and the laws protecting elderly from financial abuse, or for how to report elder financial abuse and what proving elder financial abuse requires, are usually asking one of three different questions: how to protect the person now, how to recover money after death, or whether financial exploitation charges will be brought, which is a decision for the State Attorney. Section 825.1035 provides a civil injunction process for protection against exploitation of a vulnerable adult. The statute identifies who may seek relief; a family relationship alone is not enough. Depending on the route, the petitioner may need the adult’s or guardian’s consent, specifically granted power-of-attorney authority, or simultaneous incapacity and emergency temporary guardian petitions. A valid power of attorney does not automatically authorize every requested action. The statute waives the initial filing fee and service charge for the petition, but that does not make legal representation or related proceedings free. Temporary relief requires the statutory findings, and restrictions on freezing trust assets or assets held solely by the respondent also matter; filing a petition does not automatically freeze every account.

The Sixth Circuit’s exploitation-injunction order supplies local procedures and forms, and an existing guardianship can affect where the petition belongs. To report elder financial abuse: anyone who knows or has reasonable cause to suspect that a vulnerable adult is being exploited must report it to the Florida Abuse Hotline (§ 415.1034). Ask promptly about adult guardianship or guardianship litigation when those issues are involved. The firm must evaluate the requested relief, conflicts and its ability to undertake the matter; this page does not promise immediate injunction representation or emergency acceptance.

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Can a guardianship be contested in Pinellas County?

A contested guardianship moves on a different timetable from an estate dispute, with an examining committee, a hearing on capacity and, in urgent cases, a petition for an emergency temporary guardian. In Pinellas, Administrative Order 2025-035 sends a petition for appointment of a guardian to the same section as its companion petition to determine incapacity, and a chapter 825 exploitation petition follows a related pending guardianship. It is also the proceeding in which exploitation that is happening now can be addressed, as opposed to recovered after death. Whether the search is for a guardianship attorney in Tarpon Springs or a guardianship lawyer in Clearwater, a contested Pinellas guardianship is heard in the same Probate Division. Guardianship litigation is handled through the firm’s Florida guardianship litigation practice, and the Florida guardianship guide explains the proceeding.

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Pinellas County courts: venue, Clearwater or St. Petersburg, and Pasco

See the chart “County first, then section: how a Pinellas probate case reaches a courtroom”

Venue: the county comes first

For probate of wills and granting letters, § 733.101 starts with the decedent’s Florida domicile. If there was no Florida domicile, the statute next looks to property in the state and, if there was neither Florida domicile nor property, a debtor’s county of residence. A hospital stay, a beneficiary’s address or the location of one disputed asset does not automatically answer the venue question, and a parent domiciled in New Port Richey at death is a Pasco estate even if the family describes itself as being in the St. Petersburg area. Trust venue has separate alternatives under § 736.0204, and partition ordinarily follows the land under § 64.022, so a dispute that spans a will, a trust and a house may require more than one venue analysis. Identify the claim before choosing the filing route.

Is a Pinellas probate case heard in Clearwater or St. Petersburg?

Either, depending on the section assigned. Administrative Order 2025-035, effective December 8, 2025, assigns Pinellas probate cases, including estates, guardianship and other Probate Division matters, to Standard Section 3 in Clearwater or Standard Section 4 in St. Petersburg. Subject to its exceptions, assignment uses the ZIP code of the petitioner’s attorney, or the petitioner’s own ZIP code if unrepresented; ZIP codes not on either list are divided between the two sections to keep the workload even. The order also addresses related guardianship and exploitation petitions, recusals, existing cases and reopened cases. Two common assumptions are therefore wrong: that all Pinellas probate is heard in Clearwater, and that both standard sections sit in St. Petersburg.

This assignment rule does not replace the county-venue statute, and it does not let a party choose a courthouse because the decedent lived in a particular Pinellas city. Administrative Order 2026-017, effective May 18, 2026, listed Judge Cynthia Newton for Section 3 and Judge Pamela A. M. Campbell for Section 4; assignments change by administrative order, so confirm the current judges directory, the docket and the assigned judge’s current procedures, including any remote appearance instructions, before relying on any of them.

Addresses from the Sixth Judicial Circuit’s courthouse directory. These are court locations, not Lorenzo Law offices.

For practical preparation, keep three items together: the full case number and assigned section; the hearing notice and any scheduling order; and the assigned judge’s current requirements for setting a hearing, submitting evidence and requesting remote attendance. Filing a document does not necessarily place it on a hearing calendar, and a contested evidentiary hearing is usually requested through the section rather than simply noticed. If an appeal is possible, ask early how the record will be preserved, including whether a court reporter needs to be arranged.

Pinellas records for a contested estate

The Pinellas County Clerk of the Circuit Court and Comptroller keeps the estate docket and court records for the circuit court in Pinellas County, Florida, probate division, and also maintains the county’s Official Records, where deeds and other land records are recorded; the two are different record collections, and a dispute usually needs both. Are probate records public in Florida? Generally yes, subject to confidentiality rules that shield certain information and filings, so an online probate records search may show the docket but not every document. Use the Clerk’s site for current court-record and Official Records access instructions, and treat the Pinellas County Property Appraiser’s entry as a pointer, not as the deed. Attorneys file through the Florida Courts E-Filing Portal. For the Pinellas County probate department, meaning the Clerk’s probate records and filing counter, and for the current Pinellas County probate court phone number, use the contact details on the Clerk’s site or your hearing notice; this page does not repeat them because they change. The Pinellas County probate process itself, from petition to discharge, is the same Florida procedure explained in the court guide; what a dispute adds is formal notice, adversary proceedings, discovery and a contested hearing in Section 3 or Section 4. For fees, forms, case lookups and filing mechanics, see the Pinellas County probate court guide; this page covers what a contested case adds.

Pasco County estates

The Sixth Judicial Circuit serves Pinellas and Pasco Counties, and that shared circuit does not make the counties interchangeable. A Pasco estate, whether in West Pasco (New Port Richey, Holiday, Port Richey or Hudson) or elsewhere in the county (Land O’ Lakes, Wesley Chapel or Dade City), is filed in Pasco, where AO 2025-035’s Pinellas section rules do not apply. Lorenzo Law also handles estate and trust disputes involving Pasco County, including questions such as whether you can contest a will in New Port Richey, probate and trust litigation in New Port Richey, or a relative stealing an inheritance in New Port Richey; the same Florida law on standing, notices, grounds and fiduciary duties applies, and the review starts with the same documents. Families looking for an inheritance lawyer, trust lawyer or probate lawyer in West Pasco County, or an inheritance attorney in North Pinellas County, reach this page when the matter is a dispute; uncontested administration is a separate engagement.

Where do Pinellas probate appeals go?

An appeal from a Pinellas or Pasco probate order goes to the Second District Court of Appeal, which serves the Sixth Judicial Circuit (§ 35.03). Whether a particular probate order is appealable, the deadline, preservation of error and the adequacy of the record each require separate analysis, and an appellate court reviewing a factual finding without a transcript will ordinarily affirm. Despite the shared number, the Sixth District Court of Appeal — which serves the Ninth, Tenth, and Twentieth Circuits (§ 35.044) — is not the appellate court for the Sixth Judicial Circuit. Appeals should be evaluated on the actual order and the actual record.

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What happens in a Pinellas probate lawsuit?

A probate contest does not automatically halt all administration. Section 733.109 allows administration to continue during a revocation proceeding, subject to its distribution protection, and counsel should assess whether a specific request is needed to protect the interest at risk.

How long does a contested probate case take?

Long enough that nobody should be given a date on the first call. A dispute resolved after focused document review differs from one requiring multiple depositions, expert testimony, contested hearings or an appeal. The number of parties, access to records, disputed transactions, expert needs and the section’s calendar all affect duration and expense. The firm discusses the proposed stages and their uncertainties after reviewing the facts and gives a range for the first phase; no completion date is promised.

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Defending a will, trust or fiduciary

If you are defending a will, expect the challenger to test every step of the signing. The proof that works is affirmative: independent counsel the decedent selected and met with alone, a contemporaneous physician’s assessment, a drafting file that records the decedent’s own reasons, a plan consistent with statements made to others over time, and a documented reason for treating children differently. Because the burden can shift once the elements of the undue influence presumption are established, a defense built late is a defense built badly.

If you have been accused, preserve every version of the documents and the surrounding communications, including material that appears unfavorable, and identify the neutral witnesses: the drafting attorney, the physician, the facility staff. Write down the sequence of events while it is fresh. Do not contact witnesses to coordinate accounts, do not reorganize or destroy anything, and do not try to explain the matter directly to the other beneficiaries. A personal representative or trustee should bring the petition or demand, the accountings and the records of the challenged decision. A beneficiary accused of procurement and the personal representative administering the will may have different interests, and the firm identifies whom it would represent before any engagement.

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What does probate litigation cost, and who pays?

How much does it cost to contest a will in Florida? The cost of contesting a will depends on the claim: a handwriting dispute needs different evidence from a capacity challenge, and a fiduciary accounting claim needs transaction analysis rather than medical testimony. How reasonable the other side is can change the cost substantially, and neither party controls it. The cost of challenging a will also includes court reporting, expert fees and other litigation expenses, and routine probate administration pricing is not a quote for contested litigation. Florida is not a pure each-side-pays jurisdiction in probate: several provisions can shift fees, none of them automatically, and the exposure can run in more than one direction.

Do you take probate litigation on contingency?

Sometimes. Depending on the matter, the firm may consider hourly fees, a fee for a defined task, or an appropriate contingency or hybrid arrangement; no arrangement is promised before individual evaluation. A contingency arrangement does not necessarily mean the client has no responsibility for costs if there is no recovery, and a hybrid arrangement may include fees payable regardless of outcome. Ask what the agreement covers, who advances expenses and what happens if additional proceedings become necessary. How much does it cost to remove an executor, and how long does it take to remove an executor? Both depend mainly on whether the representative contests the petition and how much of the accounting is disputed; no fixed figure or timetable can be given. The written agreement states the fees, the costs, the scope and how any recovery affects payment. A family that believes it needs a contingency attorney for inheritance theft, such as money taken by an agent under a power of attorney or by a relative before or after death, can ask about it at the initial consultation; the same case-by-case evaluation applies, and the claim may belong to the estate or a trust rather than to an individual heir (see money taken before death).

Weighing whether to litigate

How do you successfully contest a will, or win a will contest? There is no tactic that substitutes for evidence: the contests that succeed connect a recognized ground to contemporaneous records, are brought by someone with standing, and are filed inside the deadline. How to fight a contested will from the other side is the same exercise in reverse. Protesting a will because the result feels unfair, without that evidence, usually costs more than it recovers. A general success rate of contesting a will in Florida does not establish the chance of winning your own case. A responsible assessment depends on the evidence, the legal ground, the procedure and the defenses; a changed plan, a family conflict or a large estate does not supply a probability. Compare what you would receive if you win against what you receive under the current documents, subtract realistic fees and costs, and discount for risk. Where the difference is small, a negotiated family settlement agreement is often the better tool; where it is large, the case deserves a serious look. Potential recovery and adverse fee exposure are discussed together before any decision to litigate.

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Common situations in Pinellas estates

A parent left everything to a caregiver

This is the classic undue influence question, and it is evaluated, not assumed. A paid caregiver who becomes a substantial beneficiary may have occupied a confidential relationship, and the elements and the Carpenter factors are checked one by one: who drove the parent to the lawyer, who chose the lawyer, who was in the room, who knew the terms first and who kept the original. Facility and agency records, visitor logs and shift notes are often decisive and are not retained indefinitely, so preservation comes first.

A sibling used a power of attorney for their own benefit

A sibling abusing power of attorney authority is one of the most common reasons families call. Checks written to the agent, new joint accounts naming the agent, gifts the document did not authorize and real property deeded to the agent are the patterns that bring families to counsel. Separate before death from after death, because the claims and the proper plaintiff differ, as described under money taken before death. Where the sibling is also the personal representative, the conflict itself may be the first issue.

A stepmother or stepfather received everything

Second-marriage estates raise several distinct questions at once: the homestead devise restriction; the elective share, if you are the spouse rather than the child; survivorship and beneficiary designations changed late in life; and an undue influence challenge to a plan executed after the marriage. Bring the deed, the account statements and every version of the estate plan you can obtain. The answer depends on which right applies, not on which side of the family you are on.

The personal representative has gone silent

Put the demand in writing and ask specifically for the inventory and the accounting. Silence in response to a written demand is itself evidence, and it is the first step toward a petition to compel, removal and surcharge, as described under executor disputes.

The will was changed shortly before death

It can be legitimate; people do reasonably revise their plans near the end of life. What makes a late change worth investigating 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. Several of them are a reason to have the records reviewed, not a verdict.

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One attorney from first call to resolution

Jose M. Lorenzo, Jr. is a Florida attorney admitted on October 4, 2013, Florida Bar No. 107002. Before admission he served as a third-year law student judicial intern with the Honorable Maria M. Korvick. His practice includes estate planning, probate and trust administration, and disputes involving estates, trusts, guardianships and deeds, as well as partition actions. Clients work directly with Jose on matters he handles.

Comparing probate litigation attorneys in Pinellas County? Ask each lawyer the same questions: what would you do first on my facts, who will take the depositions and argue the hearing, what would it realistically cost to see this through, and which fee-shifting provisions apply to me. Whether you search for probate litigation lawyers near me, probate lawyers in my area, local probate lawyers or a family inheritance lawyer, use the same questions to compare solo practices and multi-attorney firms. Knowing how to find a good estate litigation lawyer starts with understanding who will handle your matter, the proposed work and the fee terms.

The principal office is in Kissimmee, Florida, with meetings by appointment in Coral Gables and Fort Lauderdale. This page describes representation for Pinellas County matters, including St. Petersburg, Clearwater, Largo, Pinellas Park, Dunedin, Palm Harbor, Tarpon Springs and the rest of North Pinellas, Seminole, Safety Harbor, Oldsmar, Gulfport, St. Pete Beach, Treasure Island, Madeira Beach, Indian Rocks Beach, Belleair and East Lake, and Pasco County matters, including West Pasco; it does not identify a Pinellas or Pasco office. Phone or video consultations mean an out-of-state heir, beneficiary or personal representative does not need to travel for the first conversation, although a party or witness may still be required to attend a deposition, hearing or trial in person.

A common question before a first call is what not to tell the attorney. The better approach is the reverse: tell the attorney the facts that hurt as well as the ones that help, including any waiver you signed, any money you received and any deadline you think may have passed, because advice built on half the facts is unreliable. Communications with a prospective client are already afforded confidentiality even before an engagement forms, but identify the other parties first, so conflicts can be checked before you share private details.

If you are planning your own estate and want to know how to prevent your family from contesting your will, that is a planning question rather than a litigation one; see Florida estate planning.

¿Prefiere español? Jose M. Lorenzo, Jr. atiende consultas en español. Vea abogado de herencias en St. Petersburg.

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Common questions about Pinellas County probate litigation

How hard is it to contest a will in Florida?

How hard is it to win a contested will? It depends on the evidence, not on the strength of the feeling. A properly executed, self-proved will signed by a person with capacity and prepared by an independent attorney is difficult to overturn, and the law intends it to be. A late change benefiting the person who arranged the signing, with contemporaneous medical records to match, is a different case. Capacity is presumed, and the undue influence presumption, once its elements are established, is the one structural advantage the law gives a challenger. The deadline question comes first: a person served with a notice of administration more than three months ago, or served with formal notice before letters issued, may have no contest left to bring.

How much does it cost to contest a will in Florida, and who pays?

How much does it normally cost to contest a will? The cost depends on the records, depositions, experts, number of parties, mediation and whether the matter goes to a hearing or trial; no fixed figure can be given before review. Only the initial consultation is free, and representation fees and costs are agreed separately in writing. Fee-shifting provisions such as § 733.106 and § 733.609 can apply, but entitlement, reasonableness and the source of payment require separate analysis, and an unsuccessful contest ordinarily cannot be paid from estate funds. Do not assume the estate or the opposing party will pay your lawyer.

What is the 10-day rule for probate in Florida?

It usually refers to the duty of a person holding an original will to deposit it. Section 732.901 requires the custodian to deposit the will with the clerk having venue within ten days after receiving information that the testator has died, supplying the date of death or the last four digits of the testator’s Social Security number. For a Pinellas County will deposit, the clerk having venue is the Pinellas Clerk; that is how to deposit a will with the clerk in Florida when the decedent was domiciled in Pinellas. Depositing a will alone does not commence estate administration or challenge its validity, and it does not start a will contest. The statute separately provides a process to compel production and possible consequences for an unjustified failure to deposit it.

How do I look up a Pinellas County probate case?

How do I look up a probate case in Florida? In Pinellas, through the Pinellas County Clerk of the Circuit Court and Comptroller, whose site gives current court-record search and access instructions. Search by the decedent’s name or the case number; the docket shows the filings, orders and the assigned section, but confidentiality rules mean not every document is viewable online. Deeds and land records are in the Clerk’s Official Records, a separate collection. The Pinellas County probate court guide covers the mechanics.

Do you need a lawyer to contest a will in Florida?

An individual may represent himself or herself, but a self-represented party is held to the same deadlines, rules of procedure and rules of evidence as a represented one, and a personal representative in a formal administration generally needs a lawyer. Contesting a will without a lawyer means learning the notice deadlines, the probate rules and the evidence code at once, usually while the other side is represented.

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

No. Probate issues are tried by the court without a jury, a rule the Florida Supreme Court has stated directly, so a Pinellas will contest is prepared for the judge in Section 3 or Section 4. A separate civil action, such as a claim about a trust, a deed or tortious interference with an expected inheritance, follows the Rules of Civil Procedure and can carry a jury right.

Does Lorenzo Law handle Pasco County estate disputes?

Yes. Pasco County is in the same Sixth Judicial Circuit as Pinellas, but it is a separate county for venue, and a Pasco estate is filed in Pasco, not Pinellas. The same Florida law on standing, notices, grounds and fiduciary duties applies, and the review starts with the same documents. Only the initial consultation is free; representation fees and costs are agreed separately in writing.

Can the consultation be in Spanish?

Yes. Jose M. Lorenzo, Jr. consults in English and Spanish, by phone or video. Spanish-language information about Florida inheritance disputes is available on the abogado de herencias en St. Petersburg page. Mention any notice, hearing date or proposed distribution when you first contact the firm.

Speak with a Pinellas County probate litigation attorney

Jose M. Lorenzo, Jr. is a Florida attorney, Bar No. 107002, and Lorenzo Law’s sole attorney. As a Pinellas County probate litigation attorney by practice rather than by office, he represents beneficiaries, heirs, spouses and fiduciaries in St. Petersburg, Clearwater and across Pinellas and Pasco Counties, and the attorney you speak with at the first call is the attorney who handles any matter the firm accepts.

Request a free initial consultation. Only the initial consultation is free; representation fees and costs are agreed separately in writing. Representation requires a conflicts review, acceptance and a written engagement agreement, and requesting a consultation does not stop a deadline or establish representation.

Request a free initial consultation·Call (305) 224-6811

For the statewide contested-estate service, see Florida probate litigation; for a dispute centered on a trust, Florida trust litigation; for inheritance questions generally, the Florida inheritance lawyer page; for an estate with no dispute, St. Petersburg probate administration or Gulfport probate; for a deed of your own, the Pinellas County Lady Bird deed page; and for a plan of your own, Florida estate planning. Across the bay, see Tampa probate litigation.

This page provides general information about Florida law, not advice for a particular matter. The appropriate action depends on the documents, facts, applicable law and court orders. Reading it or submitting an inquiry does not create an attorney-client relationship.

Sources and authorities cited

Statutes cited are Florida Statutes (2026); the text of the law and the current rules control over any summary on this page. Court procedures change by administrative order and section, and the assigned section’s current instructions control. Case citations are provided for the propositions stated and should be read in full.