Florida Probate Litigation Attorney

What does a Florida probate litigation attorney do?

A probate litigation attorney handles the part of an estate that people disagree about, and asks the judge to resolve it. That can mean:

• challenging or defending a will
• asking the court to remove or surcharge a personal representative
• objecting to an accounting or to fees
• resolving who the heirs are
• protecting estate property while the dispute is decided

In practice, the work is:

• reading notices and pleadings promptly, and identifying every deadline they start
• choosing the right proceeding, and naming and serving the right parties
• gathering evidence: medical and financial records, witness accounts and, where it can be reached, the drafting lawyer’s file
• working with experts on capacity, handwriting or money tracing
• negotiating and mediating
• presenting the case at an evidentiary hearing or trial, then enforcing the order that results

Probate administration vs. probate litigation: what’s the difference?

Probate administration is the court-supervised process of settling an estate. Probate litigation is what happens when people with a legal interest in that estate disagree and a judge has to decide.

Administration covers inventories, creditor notices, paying expenses and distributing property. That is the work described on the Florida probate administration page. A dispute can arise during administration without the whole estate becoming contested.

Florida Probate Rule 5.025, as amended effective July 16, 2026, makes certain proceedings adversary unless the court orders otherwise, including proceedings to:

• remove or surcharge a personal representative
• contest the validity of a will, or revoke probate
• probate a lost, destroyed or later-discovered will
• determine beneficiaries
• construe, reform or modify a will
• determine a pretermitted share or the elective share
• enforce a personal representative’s authority (added in 2026)

Other proceedings can be declared adversary by serving a separate declaration. An adversary proceeding runs much like a civil lawsuit, with formal service, pleadings, discovery and evidentiary hearings, under the Florida Probate Rules.

Probate litigator vs. probate lawyer: is there a difference?

“Probate litigator” describes a lawyer who handles contested estates in court, not only routine administration. It is not a separate license or a Florida Bar certification.

Probate litigators are also called estate litigation lawyers or will contest attorneys; the label matters less than the work. The practical question is whether the lawyer you hire handles hearings, discovery and trial preparation in probate disputes. Jose handles both uncontested administration and contested probate matters. An estate that becomes contested often does not have to change lawyers, subject to conflicts and the scope of the engagement.

Probate, estate or trust litigation: which one is yours?

It depends on where the disputed property sits and who controls it.

A will contest does not automatically reach property that passed outside probate, such as joint accounts, life insurance, trust assets or real estate deeded during life.

Start with your role and the result you need

Your relationship to the person who died matters, but it does not settle every standing question. Florida’s definition of an “interested person” depends on the particular proceeding and on who may reasonably be expected to be affected by its outcome. It excludes a beneficiary who has already received complete distribution. The analysis can change as the estate progresses. §731.201(23).

Being disappointed by a will is not a legal ground to invalidate it. Being related to the person who died does not by itself give you the right to bring every claim. Bring the documents even if you are not sure which row describes you.

The lawyer for a personal representative does not automatically represent the beneficiaries. Before representation begins, the engagement should identify the client and the scope of the work. If you are both a beneficiary and the fiduciary, explain both roles so that possible conflicts can be evaluated.

Who can contest a will or bring a probate dispute in Florida?

Generally, an interested person: someone who may reasonably be expected to be affected by the outcome of the particular proceeding.

A person who would inherit under an earlier will, or under the intestacy statutes if the challenged will failed, commonly has that interest even though the current will leaves them nothing. Being excluded does not automatically give you a claim, and it does not automatically defeat your standing either.

Can a grandchild or a sibling contest a will? Sometimes.

• A grandchild whose parent died before the grandparent generally takes that parent’s place among the heirs under the intestacy statutes (§732.103, §732.104), and may also be named in an earlier will.
• A brother or sister is an intestate heir only when the person left no surviving descendants and no surviving parent. A sibling named in an earlier will can have standing on that basis instead.

What if you were left out of a will or unfairly disinherited?

Being left out, or being left less than a sibling, is not by itself a ground to contest a will in Florida. A person may generally leave property to whomever they choose, subject to rules such as protected homestead and a surviving spouse’s statutory rights.

Who cannot be disinherited in Florida? An adult child can generally be left out. A surviving spouse cannot be entirely cut off without a valid written waiver: the elective share and, for a will signed before the marriage, a pretermitted spouse’s share may apply (§732.301). A homestead cannot be freely left to others when the owner is survived by a spouse or a minor child (§732.4015).

The real question is how the will came to say what it says. Compare two documents:

• a will signed in good health five years before death
• a will changed in the final months of life that favors the person who managed the medications, drove to the lawyer’s office and controlled the phone

Those raise different questions, even if they leave identical shares. Contesting a parent’s will usually turns on that history, not on the size of anyone’s share. For representation focused on a disputed will, see Florida will-contest representation.

Defending a will or your own administration

Probate litigation has two sides. Defending a will contest, or defending an accounting, a removal petition or a surcharge claim, is a large part of the work; a personal representative facing objections needs a personal representative attorney who handles litigation, not only paperwork. If you are the personal representative, or a beneficiary under the will being challenged, the early steps matter as much as they do for a challenger:

• Respond to formal notice on time.
• Keep the original will secure.
• Identify the drafting lawyer and the witnesses.
• Keep the estate’s records and accountings current.

While a revocation proceeding is pending, administration generally continues. No distribution, however, may be made that would defeat the rights of the people who would inherit if the will were revoked. §733.109.

A personal representative who defends a will in good faith, or who offers a will for probate in good faith, may be entitled to costs and fees from the estate even if probate is denied or revoked. §733.106(2).

Probate disputes and the remedy that fits

The remedy should match the actual problem. Asking for an accounting, challenging a will and removing a personal representative serve different purposes.

View the remedies graphic

None of these remedies follows simply because family members disagree.

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

Usually three months from the date you were served with the notice of administration. That is three calendar months, not 90 days. But it is not the only clock, and in some cases the time to object ran out before the will was ever admitted.

Under §733.212(3), an interested person served with a Florida notice of administration must raise objections to the validity of the will, venue or jurisdiction within three months after service.

• The period runs from service on that person. It does not run from the date of death or from the date you learned of the will.
• It can be extended only for estoppel based on a misstatement by the personal representative about the time period.
• In all events, it ends no later than the earlier of the personal representative’s final discharge or one year after service.

The three-month period does not cover every dispute. For example, objections to a personal representative’s qualifications run through other procedures.

If you received formal notice of a petition before letters of administration were issued, you may have had to raise your challenge in that proceeding. §733.2123 and Probate Rule 5.040 give 20 days after service to serve written defenses to a formal notice. Do not assume a fresh three-month window will follow.

Not having been served one document does not mean every possible claim remains open. Tell counsel about anything you signed, including a waiver, consent, receipt or release.

View the deadlines graphic

These examples explain why the document matters. They do not calculate your deadline.

How long after someone dies can a will be contested?

There is no single period measured from the date of death. The clock for most will challenges is tied to service of a notice. A later-discovered will can be offered for probate until the estate’s administration is complete and the personal representative is discharged. §733.208. If nobody has opened probate, no notice has been served, and the analysis starts from that fact.

Can a will be contested after probate?

Sometimes. An interested person who is not already barred may petition to revoke the probate of a will before the personal representative is finally discharged. §733.109.

• Administration generally continues while the petition is pending.
• A good-faith purchaser who bought property from the personal representative before an order of revocation is protected.

After discharge, or once the three-month objection period has run following proper service, a challenge may be too late.

Can you challenge a will before it is admitted? The caveat

Yes. The tool is a caveat. A probate caveat is a filing that protects an interested person’s opportunity to receive notice before the court acts.

For a caveator who is not a creditor, §731.110 restricts admission of a will or appointment of a personal representative until formal notice has been served and the caveator has had the opportunity to participate as the rules provide.

• Creditors have different caveat rights.
• A caveat filed before the person’s death expires after two years.
• A caveat does not invalidate a will, replace a response to a later petition, or undo steps already taken.

Florida Probate Rule 5.260 sets out what a caveat must contain, including the caveator’s interest in the estate and mailing address. A caveator who does not live in Florida must designate an agent who lives in the county where the caveat is filed, unless the caveat is signed by a Florida attorney (§731.110). See caveats in Florida probate.

Contesting a will in Florida: the grounds

A Florida will can be set aside only on a recognized legal ground, whether the challenge is called contesting, disputing or protesting a will. The grounds are:

• improper execution
• lack of testamentary capacity
• undue influence
• fraud, duress or mistake
• forgery
• a later revocation

An unequal or surprising distribution is not one of them.

Two features of Florida law change strategy:

• Only the part that was improperly procured fails. Section 732.5165 voids any part of a will procured by fraud, duress, mistake or undue influence, and the rest remains valid. A challenge does not have to be all-or-nothing. Attacking the one clause that changed can be the stronger case.
• What replaces an invalid will. If a will is set aside, an earlier valid will may govern. If there is none, the intestacy statutes may apply.

What voids a will in Florida?

Defective execution, lack of capacity, forgery, or procurement by fraud, duress, mistake or undue influence can each void a will in whole or in part. A later will or a qualifying act of revocation can also revoke it.

Contesting a will due to dementia, hospice care or lack of capacity

Capacity is judged at the moment the will was signed. A dementia diagnosis, heavy medication or hospice care is evidence, not proof.

The testator must have understood three things:

• the nature and extent of their property
• their relationship to the people who would naturally inherit
• the practical effect of the will

A will signed during a lucid interval can be valid even if the person lacked capacity at other times. The same standard generally applies to a revocable trust amendment.

The law presumes capacity, and the burden of proving incapacity is a heavy one. In Florida’s Third District, a 2025 decision rejected expert testimony about dementia because it did not address the testator’s lucid periods (Reeves v. Gross, 403 So. 3d 362 (Fla. 3d DCA 2025)). A prior court adjudication of incapacity can create a rebuttable presumption the other way (In re Estate of Supplee, 247 So. 2d 488 (Fla. 2d DCA 1971)).

The records that matter most are contemporaneous: office notes, cognitive-screening scores, hospital discharge summaries and medication changes close to the date of signing.

Undue influence: the elements, and how the presumption shifts the burden

How do you prove undue influence in Florida? Through the relationship and the circumstances of the signing, not by an unequal result. Florida has a presumption that can shift the burden of proof to the favored beneficiary.

How the burden moves:

1. The proponent proves execution. Once the person offering the will proves it was properly executed and attested, the burden of establishing undue influence is on the challenger. §733.107(1).
2. The presumption can arise. It arises when a beneficiary who (a) stood in a confidential relationship with the testator and (b) was substantially benefited by the will (c) was also active in procuring it.
3. The burden shifts. When the presumption applies, it shifts the burden of proof. Section 733.107(2) says the presumption implements Florida’s policy against abuse of fiduciary or confidential relationships. The beneficiary must then prove, by a preponderance of the evidence, that there was no undue influence.

The leading appellate decision on the 2002 amendment is Hack v. Janes, 878 So. 2d 440 (Fla. 5th DCA 2004).

To decide whether a beneficiary was “active in procuring” a will, Florida courts look to the factors described by the Florida Supreme Court in In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971):

• the beneficiary’s presence when the testator said they wanted a will
• the beneficiary’s presence at the signing
• the beneficiary recommending the lawyer who drafted it
• the beneficiary knowing the contents before signing
• the beneficiary giving the lawyer instructions for preparing it
• the beneficiary securing the witnesses
• the beneficiary keeping the will after it was signed

Not every factor must be present, and the list is not exclusive. The court weighs the circumstances as a whole. Counting factors does not decide a case, and the presumption is not established just because the person who received more was a family member or caregiver.

View the full-size undue-influence graphic

More on proof and practice: undue influence claims.

What are the signs of undue influence?

The signs families most often notice are about access and control, not about the size of anyone’s share. Commonly cited signs:

• the favored beneficiary chose the lawyer, attended the signing, knew the terms in advance or kept the document
• the person was isolated from other relatives or friends
• the new will departs sharply from earlier plans
• a caregiver, new partner or one sibling took over finances, medications and communication

If you suspect undue influence, write down what you saw yourself and when, and keep any messages. Signs are a reason to investigate, not proof.

Is undue influence a crime? Procuring a will by undue influence is a civil ground for invalidating it, not itself a criminal charge. Related conduct, such as exploiting an elderly or disabled adult, can be a crime (§825.103).

What evidence decides a will contest?

Records made at the time usually outweigh recollections made later. The documents and people that usually matter:

• Medical records for the months around the signing, for both capacity and dependence.
• The logistics of the signing: who made the appointment, who drove, who was in the room, who paid.
• Financial records: new joint accounts, new signature cards, new powers of attorney, large transfers.
• The drafting lawyer’s file and testimony, where they can be obtained (see below).
• Signs of isolation: changed locks, blocked calls, visitors turned away.
• Earlier wills, showing what changed and when.

A diagnosis or a suspicious family relationship does not decide a case by itself. An honest assessment at the first meeting should tell you which facts are missing, not only which facts help.

What if the will was forged?

A forged will is invalid. Will forgery cases usually turn on a questioned-document examiner, not on family testimony.

The examiner compares the questioned signature with known signatures from the same period, so access to the original and to comparison records matters early. A photocopy limits what an examiner can do. Taking or hiding someone’s will is a separate crime from failing to deposit it.

What if the original will is lost or destroyed?

A missing original does not always end the case, but the proof required in a lost will case is demanding.

Under §733.207, an interested person may establish the full and precise terms of a lost or destroyed will. The contents must be proved by two disinterested witnesses, or by one disinterested witness if a correct copy is provided. Probate Rule 5.510 governs the proceeding.

When the original was last known to be in the testator’s possession and cannot be found after death, Florida presumes the testator destroyed it intending to revoke it. The person offering the will has to overcome that presumption.

Tell counsel:

• who last held the original
• where it was kept
• when anyone last saw it
• what searches have been made

If someone other than the testator had custody, or someone with a motive had access, say so early. That can change the analysis, although access by someone with an adverse interest does not by itself overcome the presumption. Agreement among relatives does not replace the required proof.

Does a no-contest clause stop you from challenging a will in Florida?

No. Under §732.517, a will provision that penalizes an interested person for contesting the will or starting another proceeding about the estate is unenforceable. Florida has no “probable cause” exception to that rule.

Trusts have a parallel rule for trusts created on or after October 1, 1993 (§736.1108). A clause that offers an alternative benefit is not necessarily a penalty clause.

Contesting a will does not forfeit what the will already gives you. It does carry litigation costs and possible fee exposure (see “Will the estate or the other side pay my attorney fees?” below).

How hard is it to win a will contest? What is the success rate?

This page does not give odds. Florida’s lawyer-advertising rules prohibit statements that a prospective client can reasonably interpret as a prediction or guaranty of success or specific results; your own evidence can be assessed privately in a consultation. There is also no reliable published success rate for Florida will contests, and many settle before a judge rules; a statewide percentage would say little about your facts. What can be explained is how the law allocates the burden:

• The law presumes the testator had capacity.
• The person offering the will must prove proper execution.
• The challenger then carries the burden, unless the undue-influence presumption applies and shifts it.

In general, contests built on the signing-day facts are stronger than contests built on a sense of unfairness. That assessment belongs in the first consultation.

How to remove an executor (personal representative) in Florida

An interested person can petition the probate court to remove a personal representative on the grounds listed in §733.504. The grounds include:

• failing to comply with a court order
• failing to account or to produce estate assets
• wasting or maladministering the estate
• holding interests that conflict with the estate in a way that interferes with administration

Hostility between family members is usually not enough on its own.

Grounds for removing an executor in Florida

The grounds that come up most often in contested estates:

• failure to comply with a court order, unless it was superseded on appeal
• failure to account for sales of property, or to produce and exhibit estate assets when required
• wasting or maladministration of the estate
• failure to give bond or security when required
• conviction of a felony
• incapacity
• holding or acquiring conflicting or adverse interests that will or may interfere with administration
• removal of Florida domicile, where domicile was a requirement of the appointment
• insolvency, for a corporate personal representative

A personal representative who is also a beneficiary, and who buys estate property or pays their own claim first, may be removable on conflict grounds without any accusation of dishonesty.

How do you remove an executor? The petition and the proof

By petition in the probate case, supported by evidence of a statutory ground.

1. File a petition to remove the personal representative in the probate case. An interested person files it, stating the specific ground and the facts that support it. §733.506. Removal is an adversary proceeding under Rule 5.025.
2. Serve it properly and build the record. Accountings, bank records, correspondence, court orders the personal representative did not follow, and testimony. This record-building is most of what a probate litigation lawyer does in a removal case.
3. Attend the hearing. The judge decides whether a ground is proven and whether removal serves the estate. Appellate courts review that decision for abuse of discretion.

Objections to whether a person qualifies to serve are not raised through the three-month notice-of-administration objection. They run through removal, the statutory preference rules, and revocation of letters where formal notice was not served before letters issued.

What happens when an executor is removed?

The court revokes the removed personal representative’s letters (§733.506) and must appoint either a successor personal representative or a curator to serve until a successor is appointed (§733.5061).

• The removed representative must immediately deliver all estate assets, records, documents and papers to the remaining personal representative or the successor fiduciary (§733.509).
• The removed representative must file and serve a final accounting of the administration (§733.508). Probate Rule 5.440 requires an accounting within 30 days after removal.

Removal does not release the former personal representative, or the surety, from liability for losses caused while serving (§733.506). A surcharge claim can proceed separately.

How long does it take, and what does it cost, to remove an executor?

It depends on whether the removal is contested.

• A personal representative who agrees to step aside can often be replaced without a contested hearing.
• A contested removal proceeds like other adversary litigation: discovery, possibly an evidentiary hearing, and a written order.

Costs depend on the records involved and whether experts are needed. The court may allocate fees and costs among the parties’ shares of the estate (see “Will the estate or the other side pay my attorney fees?” below). No attorney can promise a timetable.

Can beneficiaries remove an executor? Can one co-executor remove another?

Beneficiaries can petition for removal as interested persons. A co-personal representative can also ask the court to remove the other where a statutory ground exists. The court decides; one co-representative cannot remove the other alone.

Can an executor resign or step down?

Yes, with the court’s involvement. A personal representative may petition to resign. After notice to interested persons, the court may accept the resignation if the estate’s interests are not jeopardized (§733.502).

• The court then appoints a successor, or a curator to serve until a successor is appointed (§733.503).
• The resigning representative must surrender the estate’s property and records, and file a final accounting before being discharged (§§733.5035, 733.5036).
• Acceptance of the resignation does not release the representative or the surety from liability.

If a sole personal representative dies while serving, the court appoints a successor to finish the administration (§733.307). Incapacity is a ground for removal, after which a successor is appointed.

Who protects the estate while the fight goes on? Curators and temporary relief

A curator is a temporary fiduciary the court can appoint to take charge of and preserve estate property.

Florida amended the curator statute, §733.501, effective July 1, 2026 (ch. 2026-85). Commentary written before that change often describes curators as available only before letters of administration issue. Under the current text, the court may appoint a curator:

• at any time, with the notice to other interested persons that the court finds appropriate
• without notice, if property is in significant danger of being wasted, destroyed or removed from the court’s jurisdiction and giving notice would delay the appointment
• in any other proper case, when needed to protect the estate or the heirs

The amended statute also addresses the curator’s bond, compensation, and removal or surcharge. Where a personal representative already holds letters, a court appointing a curator must first suspend or revoke the representative’s authority, at least temporarily (Gordin v. Estate of Maisel, 179 So. 3d 518 (Fla. 4th DCA 2015)).

Under Probate Rule 5.122:

• The letters of curatorship define the curator’s powers.
• The curator must file an inventory within 30 days.
• The curator must deliver the property to the personal representative within 30 days after letters issue.

An administrator ad litem is different: it represents the estate in one specific proceeding.

If a sale, a transfer or the loss of an asset is imminent, tell counsel immediately. Temporary relief depends on the legal grounds and the stage of the case. Contacting a lawyer does not by itself freeze an account or stop a sale.

Suing an executor: breach of fiduciary duty and surcharge

Yes, you can sue the executor of an estate in Florida, and a beneficiary or heir who is an interested person can bring the claim. A personal representative who breaches a fiduciary duty is liable to interested persons for the damage or loss that results (§733.609). The claim is usually brought in the probate proceeding.

What an executor can and cannot do in Florida

A personal representative is a fiduciary. Under §733.602, the personal representative must observe the standards of care that apply to trustees. The estate must be settled and distributed as expeditiously and efficiently as is consistent with the best interests of the estate.

Who supervises the executor? The probate judge. The personal representative acts under letters issued by the court, reports through the inventory and accountings, and can be ordered to act, removed or surcharged.

What can an executor be sued for? Executor misconduct that causes a loss. Conduct that often leads to claims:

• selling estate property to themselves or a relative without authority
• paying their own claim ahead of others without authority
• using estate money for personal expenses
• commingling estate funds with their own
• unexplained transfers
• leaving property uninsured or unmaintained
• ignoring the will’s terms or court orders
• taking unreasonable compensation
• going silent for months

Can an executor screw over a beneficiary? An executor can cause real harm through delay, secrecy or mismanagement. A personal representative cannot lawfully rewrite the will, remove a beneficiary or take a beneficiary’s share. Who has more power, the beneficiary or the executor? The personal representative controls the administration; the beneficiaries hold the rights to information, objection, removal and surcharge that keep that control in check. A personal representative may also have legitimate reasons for delay, is entitled to reasonable compensation, and may sell property when authorized.

Can a personal representative sell property without the heirs’ consent?

Often yes, if the will grants a power of sale or the court authorizes the sale; the heirs’ agreement is not always required.

• Without a power of sale in the will, the personal representative can still contract to sell real property, but title does not pass until the court authorizes or confirms the sale (§733.613).
• Can a house be sold while in probate in Florida? Yes, when it is an estate asset and the sale is authorized. Protected homestead is different: it generally passes outside the estate, and the personal representative has no right to take possession or control of it (§733.607).
• A sale must still be for the estate’s benefit. A below-market sale to an insider can be challenged.

Can a personal representative transfer property to himself? Not freely. A sale or transaction that involves the personal representative’s own conflict of interest, including a sale to the personal representative, the representative’s spouse, agent or attorney, or a business or trust in which any of them has a substantial interest, is generally voidable by an interested person unless the will authorized it, the court approved it, or the interested persons consented after disclosure (§733.610).

Surcharge: making a personal representative repay the loss

Removal takes the fiduciary out of the job. Surcharge makes them personally repay a loss caused by a breach. They are separate remedies, and a case may need both. For more on the duty itself, see breach of fiduciary duty claims.

In actions for breach of fiduciary duty, or challenging the exercise of a personal representative’s powers, the court shall award taxable costs as in chancery actions, including attorney’s fees (§733.609). The court has discretion over where that money comes from:

• a party’s interest in the estate
• a judgment satisfied from the party’s other property
• or both

What are the elements of a breach of fiduciary duty claim in Florida? A fiduciary duty, a breach of it, and damage caused by the breach. How hard it is to prove depends on the records: a documented transfer is easier to prove than a vague sense that money is missing.

Two limits:

• Liability is capped at the loss the breach actually caused. A surcharge does not leave the claimant better off than if the breach had never happened (Brush v. Coppelli, 407 So. 3d 518 (Fla. 5th DCA 2025)).
• A personal representative does not breach a duty merely by opposing a claim that later proves valid, if there was some basis for the objection (Landon v. Isler, 681 So. 2d 755 (Fla. 2d DCA 1996)).

Can you sue an executor personally?

Yes, for a breach that caused a loss. A surcharge requires the personal representative to repay the loss out of his or her own funds; in effect, it is a money judgment for damages. Separately, the costs and attorney’s fees awarded in the case can be charged against a party’s share of the estate, a judgment against the party’s other property, or both.

A personal representative can also face personal liability to third parties in limited circumstances. That is a separate question, governed by §733.619.

Executor refuses to distribute, won’t communicate or is taking too long

Florida requires expeditious and efficient administration, but it sets no single deadline for closing every estate, and no fixed number of days an executor may withhold a distribution.

• Probate Rule 5.400 sets a general target for filing the final accounting and petition for discharge, which the court can extend for cause after notice.
• A delay can have a legitimate cause: a creditor period, a tax return, a house that must be sold, or a family business that must be valued.
• A delay without a reason, or silence, is a different matter. If you don’t trust the executor, or the personal representative refuses to distribute after the estate is ready, the options for dealing with an uncooperative executor include a written request, a petition to compel an accounting, a petition for partial distribution (§733.802), and removal.

For typical timelines, see how long probate takes in Florida.

Executor stealing from the estate or hiding assets

Start with the transaction, not the accusation. A probate litigation attorney’s first question about missing money is what exactly moved, and when. Identify:

• the account
• the date and amount
• the payee
• why it looks wrong

Missing money is traced through bank records, retitled accounts and property records. Tracing often calls for an accountant.

The legal tools include:

• Surcharge against the personal representative.
• A constructive trust over property wrongfully taken, or its proceeds.
• Civil theft, in the right case, under §772.11. It requires a written pre-suit demand and clear and convincing evidence. It allows treble damages, with a $200 minimum, plus fees, and bars punitive damages.

Exploitation of an elderly or disabled adult is also a crime under §825.103, but that statute is criminal. The civil remedies come from other statutes.

How long do you have to sue an executor? Can you sue after the estate closes?

Act before the personal representative is discharged.

• Objections to a final accounting or petition for discharge generally must be served within 30 days after service of the later document.
• Once discharge is entered, actions against the personal representative and the surety are generally barred (§733.901). The bar is not absolute: it generally does not protect a personal representative who concealed an estate asset or how it was disposed of, because the protection depends on full disclosure (Sims v. Barnard, 257 So. 3d 630 (Fla. 1st DCA 2018)). A beneficiary who was served, knew about the proceedings and did not object in time is in a much weaker position.
• Discharge does not prevent further administration if more property is discovered or further administration is otherwise needed (§733.903). An order of discharge cannot be revoked just because a will or later will turns up.

If a closing document has arrived, get advice now. Whether you can sue a closed estate, or reopen it, depends on what was discovered and when.

Can an executor sue a beneficiary, or sue on behalf of the estate?

A personal representative can bring and defend lawsuits for the estate, without a court order (§733.612(20)).

Since July 1, 2026, Florida has a specific proceeding to enforce a personal representative’s authority, for example against someone who refuses to turn over estate property (§733.6125).

• A prevailing personal representative shall be awarded costs, including attorney’s fees.
• The court may direct payment by the person whose action or inaction made the proceeding necessary, or by anyone with an interest in the estate.
• Since July 16, 2026, the proceeding is an adversary proceeding under Probate Rule 5.025.

Estate accountings, compensation and final distribution disputes

Does an executor have to show an accounting to beneficiaries?

Generally yes, in a formal administration, unless the interested persons waive it (§731.302). Interested persons are entitled to the estate’s inventory and accountings, even though those documents are not public. Florida makes estate inventories and accountings confidential and exempt from public access, but interested persons may obtain them. §733.604(1).

If a personal representative will not produce required information, the court can be asked to compel an accounting. Keep written requests and the responses.

Can beneficiaries see the deceased’s bank statements? Not automatically, statement by statement. The accounting must show receipts, disbursements and distributions, and the records behind it can be requested and, in a contested proceeding, obtained through discovery or subpoena.

What is the final accounting for an estate? The personal representative’s report of everything received, paid and distributed during the administration, served with or before the petition for discharge (Probate Rules 5.346 and 5.400). Review it alongside the supporting records before the estate closes.

Objecting to a final accounting or a petition for discharge

A final-accounting objection requires attention to both its content and the follow-up steps. Under Probate Rule 5.401:

• Objections must be in writing and state their grounds with particularity.
• They must be served on the personal representative and interested persons within 30 days after service of the final accounting or petition for discharge, whichever was served later. Filing alone is not enough.
• A notice of hearing on the objections must be served within 90 days after the objections are filed, or they are deemed abandoned. The 90 days runs to service of the notice, not to the hearing date.

Identify the transaction you dispute: its date, amount, payee, asset and why you believe it is incorrect. Compare the accounting with the inventory, the supporting records, the court orders and the prior distributions.

Challenging executor and attorney compensation

Compensation can be reviewed by the court. Any interested person may ask the court to review the propriety of the personal representative’s employment of agents and professionals, and the reasonableness of compensation paid to them or to the personal representative (§733.6175).

• The personal representative, and any person the personal representative employed, bear the burden of proving the compensation reasonable.
• Excessive compensation can be ordered refunded.

For how compensation is normally calculated, see the cost of probate in Florida.

Disputes over personal property: jewelry, furniture and the family home’s contents

The personal representative distributes tangible personal property under the will, any separate written list the will refers to, and the law. A valid list must be signed by the testator and describe the items and recipients with reasonable certainty. The most recent writing controls. §732.515.

When heirs disagree, the options include:

• a negotiated division
• rotating selection
• selling items and dividing the proceeds
• a court decision

Removing items from a parent’s home before the personal representative takes control can create its own dispute.

Heirs, beneficiaries and surviving spouses

Who are the heirs when that itself is disputed?

When the beneficiaries are not adequately identified, or their shares are uncertain, the court can determine who is entitled to the estate and in what shares (§733.105). The proceeding is adversary, and the resulting order is appealable.

Situations where this comes up:

• unacknowledged children
• second and third marriages
• heirs abroad who must prove the relationship
• estates with no will at all

When there is no will, the dispute usually concerns who the heirs are or who should serve as personal representative.

Disputes over what a will means

When a will is ambiguous, or when documents conflict, the court can be asked to construe it. Construction of a will is an adversary proceeding under Rule 5.025. Construction asks what the testator meant. It is different from asking whether the will is valid.

Surviving spouses: elective share, homestead and a will signed before the marriage

A surviving spouse may have rights that do not depend on invalidating the will:

• Elective share. A share generally equal to 30 percent of the elective estate (§732.2065). The elective estate is defined separately in §732.2035. The election is due by the earlier of 6 months after service of the notice of administration on the spouse or 2 years after death.
• Protected homestead. Florida’s homestead rules can control who inherits a residence and who may live in it, regardless of the will.
• A will signed before the marriage. A spouse left out of a will signed before the marriage may have a statutory share, subject to exceptions.
• Children born or adopted after the will. Florida has a separate rule for this, with exactly two statutory exceptions.

Bring any marital agreement and every notice you received. See elective share and heirs’ rights and homestead in Florida probate.

What are your rights as a beneficiary of a Florida will?

As an interested person, a beneficiary of a Florida will generally has the right to:

• be served with the notice of administration
• obtain the inventory and accountings
• object within the applicable periods
• petition for removal or surcharge when the grounds exist
• receive the distribution the will provides after expenses, claims and taxes

A residuary beneficiary receives what is left after debts, expenses and specific gifts, so delay and fees affect that share most directly. When those rights are ignored, a beneficiary rights lawyer can enforce them through the probate case. Rights under a trust are different; see Florida trust litigation.

When the dispute is bigger than the probate case

Some inheritance disputes concern property that never enters the probate estate. Those need different claims and sometimes different courts:

• Trusts and trustees: different notices and deadlines. Do not apply the probate table above to a trust notice or a trust accounting. See trust litigation and trustee removal.
• Transfers during life: a power-of-attorney transaction, a new joint account, a changed beneficiary designation. See challenging transfers before death and beneficiary designations.
• Real estate: see deed challenges, contesting a Lady Bird deed, partition actions, and when siblings disagree about the family home.

The Florida estate litigation page explains how these claims connect, and the Florida estate disputes guide indexes the site’s articles on them.

Is the agent under a power of attorney the executor?

No. An agent’s authority under a power of attorney ends at the principal’s death (§709.2109); only the personal representative appointed by the court can act for the estate. Transactions the agent made during life are reviewed through separate claims.

If the person is still alive and money is being taken

A will contest cannot help while the person is alive, because there is no estate yet. Florida provides a civil injunction for protection against exploitation of a vulnerable adult (§825.1035).

• Who may petition: the vulnerable adult, a guardian, a person or organization acting with the adult’s or guardian’s consent, an agent with specific authority under a durable power of attorney, or a person who at the same time petitions for incapacity and an emergency temporary guardian. A lawyer is not required.
• Cost to file: the clerk may not charge a filing fee.
• Emergency relief: a court can issue a temporary injunction without notice when there is an immediate and present danger of exploitation. It lasts up to 15 days and can be extended once, for up to 30 more days.
• What it can do: stop the exploitation, bar contact, and freeze the adult’s accounts and lines of credit while living expenses continue to be paid. A final injunction can order frozen assets returned.

Relief depends on the facts and on the court’s findings. Guardianship or other protective proceedings may also be needed; see guardianship litigation.

Tortious interference with an inheritance

Florida recognizes a claim for tortious interference with an expected inheritance, but it is usually a fallback, not a first move.

• If adequate relief was available in the probate proceeding, and the claimant had a fair opportunity to pursue it, the tort claim is generally barred (DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981)).
• The interfering conduct must be independently tortious, such as fraud, duress or undue influence.
• The claim accrues at death, and it generally cannot be brought while the person is alive. Florida courts allow a pre-death action only in rare cases where remedies after death would be inadequate (Claveloux v. Bacotti, 778 So. 2d 399 (Fla. 2d DCA 2001)).
• Unlike a will contest, a tortious-interference claim can carry a right to a jury trial (Mulvey v. Stephens, 250 So. 3d 106 (Fla. 4th DCA 2018)). That can matter strategically.

How a Florida probate lawsuit works

What is probate litigation like? Contested probate matters generally move through the same stages as other civil litigation (pleadings, discovery, resolution attempts and a hearing or trial), inside the probate case. Knowing those stages tells you what your probate litigation lawyer will need from you, and when. The order depends on the notice received, the stage of the case and the urgency.

1. Deadline triage. Identify every notice and the date of service, what has been signed, and what has already happened in the case.
2. Preserve the claim or defense. File an objection, caveat, petition or response. Ask for emergency relief if property is at risk.
3. Pleadings and service. Adversary proceedings require formal service on the affected parties.
4. Discovery. Document requests, subpoenas for bank and medical records, and depositions of the drafting lawyer, witnesses, caregivers and the personal representative.
5. Experts, where the issues call for them.
6. Mediation and settlement discussions.
7. Evidentiary hearing or trial before the probate judge.
8. Order, enforcement and appeal. Carry out transfers, successor appointments or repayment. Orders that finally determine a right or obligation of an interested person can be appealed (Fla. R. App. P. 9.170). Not every ruling in a probate case is immediately appealable.

Can you get the drafting attorney’s file?

Often, in part. In a dispute between parties who all claim through the same deceased client, Florida’s evidence code removes the lawyer-client privilege for communications relevant to that dispute (§90.502(4)(b)). This is the usual route to the drafter’s notes, earlier drafts and testimony about the signing.

Limits:

• The exception reaches relevant communications. It does not open every file automatically.
• Courts may review material privately before ordering it produced.
• It does not reach the personal representative’s own lawyer. Under §90.5021, communications between a fiduciary and the fiduciary’s lawyer are privileged, and the beneficiaries are not the client.

Which experts are used in probate litigation?

It depends on the disputed facts: capacity, handwriting, or money.

• Capacity experts, such as a geriatric psychiatrist or neuropsychologist, reviewing records to give an opinion on cognition at or near the signing.
• Questioned-document examiners, for signatures, altered pages and substituted pages.
• Forensic accountants, for tracing money and measuring a loss for surcharge.

The need for an expert, and the cost, should be weighed against the actual issues. No particular expert or level of expense is necessary in every case.

Jose’s undergraduate degree is in accounting and finance. That background helps when a case turns on an estate accounting or on tracing transactions. It is not a substitute for a forensic accountant when one is needed.

Do Florida probate disputes go to mediation?

Frequently. In probate mediation, Florida courts can refer contested matters to a mediator under chapter 44 of the Florida Statutes, and adversary proceedings follow the civil rules.

• Mediation is confidential, subject to limited statutory exceptions.
• It can resolve some or all issues.
• A resulting agreement should address the affected parties, the property, releases and the remaining administration.

Mediation is an option to evaluate. It is not a guaranteed outcome, and it does not replace preparing the case.

Family settlement agreements

Through a family settlement agreement, interested persons can agree in writing to change their shares (§733.815).

• The agreement must be signed by everyone affected.
• The personal representative must honor it, subject to the obligations to creditors and to administering the estate.
• Court approval is required where minors or incapacitated persons are involved.
• Creditor and tax obligations cannot be changed by agreement.

Is there a jury in a Florida will contest? Does probate litigation go before a jury?

Generally no. Probate issues are tried by the judge.

• Goggin v. Shanley, 81 So. 2d 728 (Fla. 1955): “Probate issues are tried by the court without a jury.”
• In re Estate of Howard, 542 So. 2d 395 (Fla. 1st DCA 1989): no constitutional right to a jury trial in a probate adversary proceeding.

Documents therefore carry great weight: a clean chronology of the medical and bank records often does more than a sympathetic witness. A related tort claim for interference with an inheritance may be different (see above).

How long does probate litigation take? How long can a will contest last?

There is no standard timeline. The time depends on:

• the issues and the volume of records
• the number of parties
• expert work
• the court’s calendar
• any emergency motions
• whether the case settles

A consultation can identify the factors in your matter. It cannot guarantee a trial date or a resolution date.

Is a probate lawsuit public? Are Florida probate records public?

The court file is generally public, but estate inventories and accountings are confidential. The petition for administration is in the public file and typically shows the estate’s estimated value and the beneficiaries’ names. A dispute tried to judgment puts evidence into the record. Mediation and settlement can keep more of it private.

What probate litigation costs, and who pays

Do probate litigation lawyers work on contingency?

Some do, in some cases. Florida does not prohibit contingency fees in probate or trust litigation. Under a probate litigation contingency fee, the lawyer is paid from a recovery rather than by the hour, although costs may still be owed. Lorenzo Law may consider a contingency or hybrid arrangement in appropriate litigation matters. Whether one is available depends on the claim and is decided in writing.

A contingency or hybrid agreement must be in writing and signed by you and the lawyer, and you receive a copy. It states how the fee is determined and how costs are handled.

Costs are separate from fees

Filing fees, service, records, court reporters, deposition transcripts and expert fees are costs. They exist under every arrangement. Who advances them, and who bears them if there is no recovery, is set in the written agreement at the start.

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

The honest answer is a range of factors, not a number. The cost of contesting a will, suing an executor or suing an estate depends on:

• the volume of medical and financial records
• whether a guardianship or power of attorney ran alongside
• the number of beneficiaries and how many are represented
• Florida real estate, a family business or out-of-state assets
• whether the fight is over the will alone or lifetime transfers too
• whether the personal representative is also the favored beneficiary
• whether the undue-influence presumption shifts the burden

For more detail, see what a Florida will contest costs.

Will the estate or the other side pay my attorney fees? Who pays to contest a will?

Sometimes, but do not assume it. Florida probate law gives the court several tools under §733.106:

• Costs may be awarded as in chancery actions.
• A person nominated as personal representative, or who offered a will in good faith, may be paid from the estate even if probate is denied or revoked.
• An attorney who has rendered services to an estate may be awarded reasonable compensation from it.
• The court may direct which part of the estate bears the fees and costs. That can include assessing them against one person’s share.

Since July 1, 2026, the statute lists the factors the court weighs in allocating fees and costs among shares. They include:

• each person’s participation
• the relative merits of their positions
• prevailing-party status
• whether anyone unjustly increased the costs

No finding of bad faith is needed.

Separately, costs and fees are awarded in breach-of-fiduciary-duty actions against a personal representative (§733.609). A possible award does not replace your obligations under your own fee agreement.

Is it worth contesting a will?

Only a review of the evidence and the numbers can answer that. The practical assessment includes:

• the evidence
• the amount at stake
• what can actually be collected
• the number of parties
• the likely work
• how fees may be allocated
• what the dispute will do to family relationships

An estate’s gross value alone does not tell you whether a particular claim is economical.

Mistakes that cost people their probate case

Watch for these procedural and practical mistakes:

1. Counting 90 days instead of three months, or counting from the date of death. The period generally runs three calendar months from service.
2. Ignoring a formal notice. Written defenses are generally due 20 days after service.
3. Waiting until “all the records are in” before asking about a deadline.
4. Signing a waiver, consent, receipt or release without advice.
5. Filing an objection but never serving it, or never serving a notice of hearing within 90 days.
6. Assuming a no-contest clause applies. In Florida wills, it does not.
7. Assuming a will contest reaches everything. Joint accounts, beneficiary designations and trust assets usually need separate claims.
8. Treating the personal representative’s lawyer as your lawyer.
9. Taking property out of the house, or holding onto the original will, instead of letting the proper process work.
10. Going to the tort claim first when a probate remedy was available.

Preparing for your consultation

Start with what you already have and can lawfully access. Missing documents are a reason to identify a records need, not a reason to delay asking about a deadline.

• The deceased person’s name, date of death, residence, and the probate case number and county, if known.
• Every notice, petition, order and hearing notice, with attachments and delivery information. The date of service sets many deadlines.
• The will, any codicils, earlier versions, and who has the original.
• Letters of administration, the inventory, accountings, proposed distributions and fee requests.
• Statements, deeds, receipts, contracts and transaction records already available to you.
• A short chronology that separates what you observed yourself from what someone told you.
• Names of the personal representative, beneficiaries, witnesses and lawyers involved, so conflicts and scope can be checked.
• Your goal: records, a defense, protecting property, challenging a document, correcting a distribution, or recovering money.

Describe the issue briefly in your first inquiry. Do not put full account numbers, Social Security numbers or sensitive documents in the public contact form; wait for instructions on how to share them.

Probate litigation throughout Florida

Jose handles contested probate matters throughout Florida. Probate cases are heard in the circuit court’s probate division for the county where the decedent was domiciled. Local procedures differ by circuit, and those differences can cost time.

View the full-size Florida service-area map

The Kissimmee and The Villages pages cover probate administration. The local pages describe representation in those areas; they do not identify additional firm offices.

Where will the case be heard?

Generally in the county where the decedent was domiciled, with statutory alternatives when the decedent was not domiciled in Florida (§733.101). Where an heir lives, or where you meet with a lawyer, does not by itself decide the court. Venue can be waived, and a case filed in the wrong county can be transferred.

Can you handle a Florida probate dispute if you live out of state or abroad?

Yes. Many contested Florida estates involve family members who live elsewhere.

• Consultations are available by phone, in English and Spanish.
• Whether a particular hearing can be attended remotely depends on the court and the proceeding, and travel may sometimes be required.
• Florida limits who may serve as a personal representative when that person does not live in Florida (§733.304). That can itself be a ground for a contested appointment.

See out-of-state personal representatives.

Looking for a probate litigation attorney near you?

When comparing probate litigation attorneys near you, consider where your case is pending and how you will communicate with the lawyer. Lorenzo Law’s principal office is in Kissimmee, and Jose handles contested probate matters throughout Florida. Jose also meets clients by appointment in Coral Gables and Fort Lauderdale, and consultations are available by phone. A probate dispute is filed where the estate is administered, not where the lawyer’s office is.

Working with Jose M. Lorenzo, Jr.

Jose M. Lorenzo, Jr. was admitted to The Florida Bar on October 4, 2013 (Florida Bar No. 107002).

• Before admission, he worked for roughly a decade as a paralegal on probate and litigation matters. That work is separate from his years as an attorney.
• As a third-year law student, he served as a judicial intern in the Probate Division of Florida’s Eleventh Judicial Circuit with the Honorable Maria M. Korvick.
• Education: a B.A. in Accounting and Finance from Florida International University, and a law degree from FIU College of Law.

Read Jose’s biography and his official Florida Bar profile.

How the practice works:

• Lorenzo Law is a solo practice. Clients work directly with Jose on the matters he handles.
• Phones are answered 24 hours a day, and inquiries receive follow-up within one to two business days.
• The initial consultation is free, by phone or by appointment, in English and Spanish. Fees and costs for representation are agreed separately in writing.

Comparing probate litigation attorneys?

When comparing probate litigation attorneys, ask each lawyer:

• Who will actually handle my case?
• Which deadline applies to the notice I received, and when does it run out?
• How will the fee and the costs work if there is no recovery?

What you will not read here is a success rate or a promise about an outcome; that is a choice this firm makes. Florida’s advertising rules allow past results only when they are objectively verifiable and not misleading. They prohibit statements a prospective client can reasonably interpret as a prediction or guaranty of results, and characterizations of a lawyer’s skills, experience, reputation or record that are not objectively verifiable. Past results do not predict yours, and a contested case cannot responsibly be priced before the facts are reviewed.

More questions about Florida probate litigation

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

Whoever has the original will must deposit it with the clerk of the court in the county where the decedent resided within 10 days after learning of the death (§732.901). A custodian who fails to do so without just or reasonable cause can be liable for costs, damages and attorney’s fees. Stealing or concealing a will is a separate crime.

How much does a probate lawyer cost in Florida?

It depends on whether the estate is contested.

• For uncontested administration, Lorenzo Law’s flat fees start at $3,975 for summary administration and $7,975 for formal administration. The flat fee includes costs, and the quote can rise with estate factors that are discussed before work begins. See Florida probate administration.
• Contested matters are priced differently (see “What probate litigation costs, and who pays” above).

Can an inheritance be contested?

Yes, when a person with standing has a recognized ground and brings a timely claim. Inheritances under a will are challenged through the probate case. Property that passed outside the will usually requires a different claim.

What happens to the estate while a will contest is pending?

Administration generally continues, but distributions that would defeat the rights of those who would take if the will failed are restricted. A curator or other temporary relief may be available if property is at risk.

What happens if a will is declared invalid?

An earlier valid will may govern. If there is none, the estate may pass under Florida’s intestacy statutes. In some cases only the affected part of the will fails.

How long does a beneficiary have to make a claim against an estate?

Beneficiaries do not file “claims” the way creditors do. They receive what the will or the intestacy statutes provide, and they protect that right through notices, objections and petitions. Creditors are different: they generally must file within the later of three months after first publication of the notice to creditors or 30 days after being served with it, subject to a two-year outer bar after death.

When can an executor be held personally liable?

When a breach of fiduciary duty causes a loss to the estate or an interested person (§733.609). Liability to third parties is more limited (§733.619).

Who has priority to serve as personal representative in Florida?

It depends on whether there is a will (§733.301).

• With a will: the person nominated in the will; then the person selected by a majority in interest of those entitled to the estate; then a devisee. A qualified nominee generally must be appointed unless the statute disqualifies them.
• Without a will: the surviving spouse; then the person selected by a majority in interest of the heirs; then the heir nearest in degree. The court can refuse a preferred person only if the record shows that person is unfit to serve.

A person is not qualified to serve if convicted of a felony, or convicted anywhere of abuse, neglect or exploitation of an elderly person or disabled adult; is mentally or physically unable to perform the duties; or is under 18 (§733.303). Nonresidents face further limits (see above).

Can you sue an estate? Can someone sue an estate after probate?

A claim against the person who died is usually brought as a creditor’s claim in the probate case, not as a separate lawsuit. If the personal representative objects, the creditor must then file an independent action within the statutory period (§733.705), and claims are generally barred two years after death (§733.710). After the estate closes, a claim is generally too late unless the estate is reopened on a recognized basis (§733.903). Suing the executor for a breach is a different claim (see above).

Is there a 7-year rule in Florida probate?

No. Florida has no “7-year rule” for wills, trusts, probate or inheritance disputes. The deadlines that matter are the ones tied to the notice you received, described above.

Is a Florida trust contested the same way as a will?

No. Trust contests and trustee disputes have separate notice and limitation rules. Do not apply the probate deadlines on this page to a trust. See Florida trust litigation.

What if the disputed asset is a house?

First identify how title is held and whether the house is protected homestead. Estate administration, a deed challenge and a dispute among co-owners are different proceedings. See deed challenges, partition actions and homestead in probate.

How do I compare probate litigation attorneys in Orlando?

Start by checking any lawyer’s record with The Florida Bar. The Florida Bar’s member directory lets you check any lawyer’s admission and standing. For representation in Orange and Osceola counties, see the Orlando probate litigation attorney page. Lorenzo Law’s principal office is in Kissimmee.

Discuss your Florida probate dispute

Tell Lorenzo Law:

• your connection to the estate
• the county and case number, if known
• the issue you want addressed
• any notice or hearing date

You do not need to know the exact legal remedy before asking for a consultation.

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

Consultations are available in English and Spanish, by phone or by appointment. Only the consultation is free; representation fees and costs are agreed separately in writing.

Contacting the firm does not create an attorney-client relationship, and it does not mean the firm has agreed to represent you. General website information cannot determine your rights or calculate your deadline.

Reviewed by Jose M. Lorenzo, Jr., Florida Bar No. 107002. Legal information current as of September 2026.