West Palm Beach Probate Litigation Attorney

At a glance: contested estates in West Palm Beach and Palm Beach County

What does a West Palm Beach probate litigation lawyer do?

What does probate litigation mean in practice? It is the court work after a disagreement becomes a filing: the written demand, the petition or objection, discovery and depositions, mediation, an evidentiary hearing or trial, and any appeal to the Fourth District Court of Appeal. People describe that work in different words, usually for the same kind of matter approached from a different role; the table below matches the common terms to what they usually mean and where this page answers them.

The difference between a litigator and an attorney is the focus of the work: a litigator is an attorney who handles contested matters in court. What does an estate litigator or a trust litigation lawyer do? A West Palm Beach estate litigation lawyer does the same contested work, applied to an estate and its personal representative, or to a trust and its trustee: challenging or defending the instrument, compelling information or an accounting, seeking removal or surcharge, and recovering property where the law allows.

Lorenzo Law is a solo practice. Jose M. Lorenzo, Jr. handles both sides of these disputes: representation may mean bringing a challenge or defending one, subject to a conflicts review. A trustee’s interests may differ from a beneficiary’s, a will dispute among relatives can involve several opposing positions, 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 the scope of any representation can be assessed. You do not need to know the legal name of the claim before requesting a consultation.

Names people use for these disputes

Probate administration versus probate litigation

Probate administration identifies estate assets, addresses obligations and carries out lawful distribution. Probate litigation resolves a contested issue, such as whether a will is valid, who should serve as personal representative, or whether estate assets were mishandled. An estate can continue to be administered while a dispute is pending: administration generally continues while a revocation proceeding 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.

An unanswered question does not always require a lawsuit. Missing records may first call for a specific request and review of the fiduciary’s duties. But a served petition, a proposed distribution, a disputed sale or an approaching hearing may require a prompt formal response, and informal discussions are not a substitute for preserving a legal right.

For opening or administering an estate without an identified dispute, see Palm Beach County probate representation or the West Palm Beach probate lawyer page; for forms, records and filing mechanics, see the Palm Beach County probate court guide; and for the statewide contested-proceeding framework, see Florida probate litigation. Planning, administration and contested representation are separate engagements. This page focuses on preparing a West Palm Beach dispute for review.

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Which kind of estate dispute do you have?

See the chart “Which dispute is it? Nine situations and the route each one takes” (opens the full-size image; the details are also in the text).

How the routes fit together

These are routes for assessment, not findings that misconduct occurred or that a particular remedy will be granted. Florida estate litigation can involve related probate, trust and property proceedings, each with its own parties and requirements, and the Florida estate disputes guide explains how the pieces fit together. Use the focused pages on will contests, trust litigation, deed contests and partition actions for more detail.

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Who can contest a will or trust in Palm Beach County?

Can anyone contest a will in Florida? No. In practice, the people who can contest a will in Florida are those whom the outcome of the contest would affect — typically a beneficiary under the challenged will, a beneficiary under a prior will, an intestate heir who would inherit if the will failed, or a surviving spouse. A creditor’s rights concern the debt and the applicable claim procedure; they are not interchangeable with a beneficiary’s rights, and a creditor is generally not entitled to contest the will’s validity itself unless the outcome of the contest would actually change the creditor’s position. Who can contest a will in Florida is therefore a question about what the outcome would change for you, and it is the first thing opposing counsel will test, so it is confirmed before anything is filed.

The first review should identify who owns each claim. A loss to an estate or trust does not necessarily belong to one beneficiary individually: an unexplained withdrawal or a sale below value usually belongs to the estate, and the personal representative normally pursues it; a loss to a trust usually belongs to the trust. Where the fiduciary is the person accused, the route may run through removal or the appointment of an administrator ad litem. Name the fiduciaries, beneficiaries, alleged recipients of property and any existing lawyers so that representation and conflicts can be assessed.

• A beneficiary or potential heir. An heir or a beneficiary under an earlier will may have an interest in challenging a later will, but the documents, distribution history, governing law and procedural bars still matter. A disinherited child, sibling, grandchild or stepchild should explain the claimed inheritance path rather than assume the family relationship settles standing.
• A surviving spouse. A spouse may have rights that require action even if the will is valid: elective share, homestead and pretermitted-spouse rights each need their own analysis and timely action. A will contest is not a substitute for an election. See spouses, children and heirs.
• A personal representative or trustee. A fiduciary may need advice in a fiduciary capacity and may also face individual allegations. An objection needs a timely response even when you believe your conduct was proper. See defending a will, trust or fiduciary claim.
• A co-owner or someone questioning a transfer. Bring the deed, account ownership records or beneficiary designation. The right to sue may belong to the estate, a trustee or another person rather than an individual family member.

Can a sibling, stepchild or grandchild contest a will?

In each case, standing comes from how the outcome of the challenge may reasonably be expected to affect the person, usually through an inheritance under a prior will or by intestacy, not from the family relationship itself. Siblings contesting a will, an adult child contesting a parent’s will and grandchildren contesting a will all start from the same question.

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

Only with standing and a recognized ground. Being omitted from a will is not, by itself, proof of wrongdoing, and Florida allows a parent to disinherit an adult child: a disinheritance that was the testator’s own decision, made with capacity and without undue influence, holds. Being disinherited is usually the reason for a contest, not proof of one, and not a bar to one 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.

Does the estate’s lawyer represent the beneficiaries?

No. The attorney for the personal representative represents the personal representative, not each beneficiary, and that lawyer’s explanation of what you will receive, or why a distribution is delayed, is not independent advice to you. The same is true of a trustee’s counsel. Before sending detailed records to anyone, explain whose interests you want protected and identify the other parties, so the firm can assess conflicts and the proposed scope of representation.

Heirs, seasonal residents and families outside Florida

Many Palm Beach County estates involve a seasonal (“snowbird”) parent who wintered in Palm Beach, Jupiter or Boca Raton and children who live in New York, New Jersey, the Midwest or abroad. In Jupiter, Florida, complex estate litigation can involve a waterfront home, a revocable trust and accounts in several states at once. Living in West Palm Beach, owning a seasonal residence there or hiring a lawyer who serves the city does not by itself select the venue for every dispute. For probate of a will and granting letters, the decedent’s Florida county of domicile comes first. If the decedent had no Florida domicile, venue lies where their Florida property is located, or failing that, where a debtor of theirs resides (§ 733.101). See venue. A family outside Florida can request representation: provide the case and property information so the correct Florida venue and scope can be evaluated, and bring any other state’s probate case number. Consultations may be by phone or video, but court attendance and testimony depend on the assigned division and its orders, and an out-of-state address does not guarantee remote testimony. A nonresident who wants to serve as personal representative faces separate qualification rules (see out-of-state executors in Florida), and property in Florida owned by a nonresident may need ancillary administration.

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

Organize the papers before counting days. Do not use the date printed on an envelope as a universal deadline trigger. Preserve it, along with tracking information, signed receipts, electronic messages, filed waivers and proof of service. A document’s title, the relief requested and how it was served can change the analysis. A request for records or an ongoing settlement discussion does not, by itself, preserve a claim, and a consultation request does not stop any deadline.

Which notice starts which clock

This is a review aid, not a deadline calendar; it identifies issues for review and does not calculate a filing date for any particular estate. Sources: Florida Probate Rules (amendments effective Oct. 1, 2026) and the statutes linked in each row.

See the chart “What starts the clock: seven documents and the timing rule each one triggers” (opens the full-size image; the details are also in the text).

Is the deadline three months or 90 days?

Three months, measured from service. Section 733.212, the will contest Florida statute that governs a served interested person’s objections, uses a period of 3 months, meaning 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. “90 days from receiving the notice” misstates the rule in two ways: the period is three months, and it runs from service, not from whenever the notice was opened. 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 an already admitted will still be challenged?

Possibly. Section 733.109 permits an eligible interested person, expressly including a beneficiary under a prior will, to seek revocation before final discharge, subject to earlier bars under sections 733.212 and 733.2123. Once the personal representative has been discharged, that route is closed. Contesting a will after probate has started is therefore done by a petition to revoke probate within those limits, and challenging a will after probate has been granted follows the same route. Once a will is probated, can it be contested? Yes, within those limits and before discharge. After a will is probated, can it be contested once the estate is closed? Rarely, as the answer under common questions explains. Can a will be contested after distribution, or years later? Only where no earlier bar applies and a route remains open, which after a final discharge is rarely the case. 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, and none of them is an automatic exception. Someone who never received a notice of administration should still obtain a prompt review of the docket, prior service, waivers and final-discharge status: an absent or incomplete notice does not establish that time is unlimited.

Administration ordinarily continues during that proceeding, with the statute’s restriction on distributions contrary to the rights of those who would take but for the will. Filing does not automatically freeze every transaction, and the statute also protects qualifying good-faith purchasers for value before revocation. Identify a pending sale or distribution promptly so counsel can assess whether separate relief is appropriate.

Caveats

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 take part 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: § 732.518 bars a will-validity action before death, so contesting the will after death is the only route. See caveats in Florida probate.

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. The Palm Beach divisional instructions require waivers, consents, renunciations and receipts of assets to be notarized. Do not assume that a document labeled “waiver” was harmless, or that it eliminated every possible claim.

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What makes a Florida will invalid?

For the statewide service, see Florida will-contest representation; for the broader framework, see the guide to contesting a will in Florida. Learning how to contest a will in Florida, or how to challenge a will, starts with standing, grounds and timing; the local task is to connect those questions with your interest, the Palm Beach County case and the notices already served. A West Palm Beach will contest attorney asks the same questions whether you are bringing the challenge or defending the will. The grounds for challenging a will are listed in the table below, and the same grounds apply when you are disputing a will that someone else has offered for probate; a reason to contest a will that is not among them, such as an unequal share, is not enough on its own. Protesting a will to the family or to the personal representative’s lawyer does not preserve a challenge. A caveat only guarantees you advance notice before a will is admitted; the challenge itself is preserved only by a timely objection or petition filed with the court.

An insane delusion, a fixed false belief that affected the dispositions, is sometimes raised as a ground separate from general incapacity and has its own analysis. Do not decide validity from a missing notarization or a handwritten format alone; electronic wills also require their own statutory analysis. 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. The signing and witnessing facts matter, as do the statute’s provisions for nonresident wills and military testamentary instruments, which matters in a county where many people signed their wills in another state before moving to Florida.

Under section 732.5165, improper procurement can invalidate a will or an affected part without necessarily invalidating every unaffected provision. The same section addresses improperly procured revocations. Two features are often missed: it includes mistake alongside fraud, duress and undue influence, and it is severable, so a challenge can target a single gift. It is also a will statute: it does not itself invalidate a deed, an account change or a beneficiary designation, which are challenged on their own terms (see deeds and accounts). Can a will be overturned? Only on a recognized ground proved with evidence. Overturning a will, fighting a will in court and contesting a last will and testament all come down to the same basis: standing, a recognized ground, evidence and a timely filing. A challenge does not guarantee that your preferred earlier will controls.

Can someone with dementia or Alzheimer’s sign a valid will?

Yes. A diagnosis of dementia or Alzheimer’s disease alone does not decide testamentary capacity; it may be relevant, but 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. For a capacity concern, identify the signing date, medical events near that date, the witnesses and contemporaneous communications. Access to medical records and a drafting lawyer’s file must follow lawful procedures; do not assume those records are freely available to every relative.

How do you prove undue influence in Florida?

To define undue influence in plain terms, it is pressure that puts someone else’s wishes in place of the testator’s. Undue influence is rarely proved directly, because the conduct happens behind closed doors. The undue influence meaning in law is over-persuasion, coercion or contrivance that destroys the testator’s free agency and willpower, so that the will expresses someone else’s wishes; exerting undue influence is more than persuasion, advice or affection, and help with daily care, closeness to a parent or an unequal gift alone does not establish it. Proving undue influence in a will contest usually means proving circumstances: the relationship, the benefit and the person’s involvement in creating the document. Once a substantial beneficiary in a confidential relationship is shown to have been active in procuring the will, § 733.107(2) makes the presumption burden-shifting, and the will’s proponent must prove the absence of undue influence. Suspicion, a close relationship or a favorable inheritance alone does not establish every required element or eliminate the need for evidence. Claims of sibling undue influence often involve the child who lived nearby, held the power of attorney or drove the parent to the lawyer’s office; those facts can matter, but each still has to be proved.

A Palm Beach County appeal illustrates the threshold. In Levin v. Levin, 60 So. 3d 1116 (Fla. 4th DCA 2011), the Fourth District discussed the presumption in terms of substantial benefit, a confidential relationship and active procurement, and upheld the finding that the presumption did not arise on the facts presented, while remanding a separate insane delusion issue. If any one of the three elements — substantial benefit, a confidential relationship, and active procurement — is missing, no presumption arises. It is an illustration of fact-specific analysis, not a Lorenzo Law result.

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. Organize what you know about who arranged the appointment, communicated instructions, attended signing, located witnesses, paid the drafter or retained the original. Note what you personally observed and what someone else reported. Preserve evidence of independent decisions as well as evidence of pressure or isolation, because independent instructions, contemporaneous communications and the witnesses’ recollections may decide a defense. Examples of undue influence in a will, when the records support them, include a beneficiary who chose the lawyer and attended the meetings, a sharp break from a long-standing plan after the testator was isolated from other family, and a beneficiary who controlled visitors, mail and telephone calls; none of them proves the claim alone. See the Florida undue influence attorney page.

Is undue influence a crime? Not as a stand-alone crime called “undue influence”: it is primarily a civil ground to void a will, but the underlying conduct may also be prosecuted as criminal exploitation of an elderly person or disabled adult. That offense reaches obtaining a person’s assets through intentional modification or fraudulent creation of a will, trust, or other testamentary plan only when it is done without proper authority — that is, without a court order, a written authorization signed by the person before two witnesses, or action by an agent under a valid power of attorney (§ 825.103(1)(f)); charging is a decision for the State Attorney. Invalidating a document does not automatically produce damages, criminal charges or recovery of every transfer.

Lost wills and competing 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 will provision 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. A no contest clause, or in terrorem clause, being unenforceable does not make litigation risk-free: standing requirements, deadlines, fees, costs, adverse rulings, questions about which state’s law governs and the effect a successful challenge has on the distribution all remain. Have counsel review the actual clause and the governing law.

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Evidence and expert witnesses in a Palm Beach will or trust contest

Not every case needs an expert witness; the available records may answer the disputed question. An expert witness in probate litigation is retained to explain records the court cannot read on its own, and a deposition is sworn testimony taken before the hearing, usually from the beneficiaries, the attesting witnesses, the drafting attorney and treating providers. Most of the evidence in a probate dispute already exists before anyone files: calendars, texts, e-mails, bank and brokerage statements, signature cards, powers of attorney, facility visitor logs and caregiver notes. The work is to identify it, preserve it and obtain it through proper channels. A relative’s access to medical records, a drafting lawyer’s file or a decedent’s account statements may require the personal representative’s authorization, a subpoena, a court order or other lawful process; do not access someone else’s accounts without authority.

Expert testimony is not automatic. Under the Division IA instructions, any party seeking to exclude expert testimony under a Daubert analysis pursuant to section 90.702 must file a motion specifically identifying the basis, and those motions are heard before trial. The same instructions say exhibits must be uploaded to the Fifteenth Judicial Circuit’s digital evidence portal at least 72 hours before a trial or evidentiary hearing, and that trials are in person, while out-of-town or out-of-county witnesses and experts may be allowed to appear by Zoom in strict compliance with the remote-testimony rules, generally with a notary present to confirm identification. Instructions differ by division and change; the assigned division’s current instructions and the case’s own orders control.

Keep evidence that supports the document as well as evidence that raises concerns, keep originals intact and preserve complete messages, attachments and file dates rather than cropped screenshots. Separate what you personally observed from what someone else reported, and list who can describe each event.

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Trust contests and trustee disputes

A trust contest lawyer starts by separating those questions. To contest a trust, 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. Section 736.0406 addresses trusts and changes procured through specified improper conduct. Section 736.0207 addresses the contestant’s burden and when revocable-trust challenges can begin, including the exception for a guardian of the property of an incapacitated settlor; a fully revoked trust has a separate timing provision in that section. Avoid assuming either that every lifetime trust dispute is prohibited or that any disappointed future beneficiary can sue immediately. What makes a claim a conduct claim is its subject — how the trust is being administered — not who the parties are; the same parties may instead raise a validity, construction, or reformation dispute. Trust proceedings generally use civil procedure under § 736.0201, subject to its exceptions, and in Palm Beach County complaints under chapter 736 relating to the administration of, or rights of beneficiaries in, trusts are among the cases assigned between Divisions IA and IZ under the circuit’s assignment order, so a Palm Beach County trust litigation lawyer confirms the assigned division on the docket before the first hearing. The Florida trust litigation attorney page covers the statewide service and remedies.

Bring the full trust and its amendments, not just the page showing your name. Identify whether the settlor is living, whether the trust is revocable, who serves as trustee and what action is disputed. Not every trust dispute is about validity. A construction proceeding asks the court what an ambiguous provision means. Trust reformation asks the court to correct a mistake in the terms, on clear and convincing proof of the settlor’s intent and the mistake (§ 736.0415); a will can be reformed on the same kind of showing (§ 732.615). Modification of an irrevocable trust for reasons the Trust Code allows (§ 736.04113) is different again. If the concern is that the language does not carry out the intended arrangement, explain the suspected drafting error and the available evidence so that interpretation or reformation can be assessed separately from a validity contest.

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; suing a trustee for breach of fiduciary duty is that second kind of claim. How expensive is trust litigation? The cost drivers of a will contest apply, with the added cost of a civil action and, sometimes, a forensic review of the trust accounts.

Can a trust be contested after the settlor dies?

Yes. A living or revocable trust 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. 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. When the settlor of a trust described in § 733.707(3), generally a revocable trust, dies, the trustee must file a notice of trust with the court of the county of the settlor’s domicile and the court having jurisdiction of the settlor’s estate (§ 736.05055); the Palm Beach Clerk indexes it like a caveat unless a probate proceeding exists.

What if a trustee will not provide an accounting?

Trust beneficiary rights in Florida begin with information. A trustee not providing an accounting can leave beneficiaries with unanswered questions about the trust’s administration. Trustee accounting duties are part of the information duties a trustee owes qualified beneficiaries under § 736.0813, which provides for requested trust copies, relevant information and accountings under the applicable conditions. Its notice triggers, trust history, revocable-trust limitation, written-waiver provisions and exceptions matter, and a family relationship alone does not establish an unrestricted 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, or a claim for breach of trust under § 736.1001, the Trust Code’s term for a trustee breach of fiduciary duty. For an irrevocable trust, the trustee generally must provide a trust accounting to qualified beneficiaries at least annually and on termination of the trust or a change of trustee, subject to statutory exceptions, and § 736.08135 sets what a trust accounting must show: receipts, disbursements, distributions, gains and losses, and assets and liabilities at the start and end of the period. That irrevocable trust annual accounting is the first document to compare with bank and brokerage statements. While the settlor of a revocable trust is alive, the trustee’s duties run to the settlor (§ 736.0603).

Trustee accountability starts with specifics. For an accounting dispute, list the specific missing period, transfer, fee or unexplained figure, and compare the report with records you lawfully possess. Preserve any accompanying limitation notice and the delivery dates: under § 736.1008 the six-month bar runs only against a matter that a trust disclosure document adequately disclosed, and only where the trustee also gave the required limitation notice, measured from the later receipt of that disclosure document or the limitation notice, unless sooner barred. A request for clarification does not itself extend an objection or claim deadline.

Trustee conduct beyond a missing accounting

How much can a trustee charge in Florida? Unlike the personal representative schedule, there is no statutory percentage: a trustee receives the compensation the trust specifies or, if it is silent, reasonable compensation, and the court can adjust either (§ 736.0708). Can a trustee be a beneficiary? Yes, but loyalty duties apply with more force to transactions that benefit the trustee. Can a trustee sell trust property in Florida? Generally yes, unless the trust terms restrict it: § 736.0816 lists the power to sell trust property among a trustee’s specific powers, but every power must be exercised in accordance with the trustee’s fiduciary duties (§ 736.0815), and a sale affected by a conflict between the trustee’s fiduciary and personal interests is voidable by an affected beneficiary under § 736.0802 unless an exception applies. A sale below market value or to the trustee’s family can be challenged. A conflicted sale is not automatically void. It stands if the trust authorizes it, the court approves it, or the beneficiary consents or ratifies (§§ 736.0802, 736.1012). The beneficiary can also lose the right to object by waiting too long — often six months after receiving a disclosure document and limitation notice that adequately disclose the sale (§ 736.1008).

Removing a trustee

Trustee removal follows § 736.0706, 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, so how difficult it is to remove a trustee depends on the record of the trustee’s conduct, not on the beneficiaries’ frustration, and a request alone does not guarantee removal. 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 an executor or personal representative mishandles the estate

Florida calls the executor a personal representative, so estate executor misconduct is measured against the personal representative’s duties. An unexplained transaction calls for a focused review: what duty applied, what records are missing, what loss or risk resulted, and what relief would address it. Requesting an explanation, obtaining an accounting, objecting to a transaction, seeking removal and seeking a surcharge are different steps with different purposes. In Palm Beach County, the Clerk’s probate FAQ says that only the court-appointed personal representative or the personal representative’s attorney can obtain a copy of an inventory or accounting from the Clerk; anyone else may ask the attorney of record or obtain an order directing the Clerk to provide it. A beneficiary who cannot see those documents online should not assume they were never filed.

The rows 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 with nothing behind them. See the Florida breach of fiduciary duty attorney page for the statewide service.

Can an executor remove a beneficiary?

No. A personal representative administers the estate; the appointment does not authorize rewriting the will to punish someone, and an executor cannot take everything or remove a beneficiary from the will. Treating estate property as their own, favoring themselves or a relative without disclosure, or ignoring court orders is a breach of duty. But administration expenses, creditor obligations, ownership disputes, construction of the will and governing documents can affect what is ultimately distributed. A delayed or smaller distribution therefore needs explanation and review, not an automatic conclusion that the beneficiary was unlawfully removed. Can an executor also be a beneficiary? Yes, and being both is not itself a disqualifying conflict.

Personal representative powers, pay and who may serve

What are the responsibilities of a personal representative in Florida? To collect and protect the estate’s assets, pay valid claims and expenses, account to interested persons and distribute what remains, as a fiduciary bound by the duties of a trustee (§ 733.602). What powers does a personal representative have? Those the will grants and those listed in § 733.612, many of them without a court order; the conduct disputes on this page are about how those powers were used. How much does a personal representative get paid in Florida? Reasonable compensation under § 733.617, which sets a presumptively reasonable schedule for ordinary services based on the estate’s value, subject to the will and to adjustment by the court; any interested person bearing the impact of the compensation may petition for review of it (Fla. Prob. R. 5.355), and a disputed fee can also be raised in an objection to the accounting. Who can serve as personal representative in Florida? A person who is sui juris and a Florida resident at the time of the decedent’s death (§ 733.302), or a nonresident within the relatives listed in § 733.304, in either case unless disqualified under § 733.303. Preference in appointment goes first to the person named in the will and, where there is no will, to the surviving spouse and then the heirs (§ 733.301), and that order of preference governs competing petitions, subject to the statutory qualification and disqualification rules — though a court has little discretion to refuse a qualified person named in the will; see how to become a personal representative in Florida.

How do you remove a personal representative in Palm Beach County?

By a petition for removal of the personal representative, filed in the estate’s own case in the division to which it is assigned, as an adversary proceeding that identifies the precise ground and its proof. Section 733.504 distinguishes a personal representative who was not qualified at appointment, where removal is required, from grounds on which the court may remove a representative afterward. Relevant grounds include failure to comply with an unsuperseded court order, failure to account or produce assets when required, waste or maladministration, failure to give bond, conviction of a felony, and conflicting or adverse interests that will or may interfere with administration of the estate as a whole. Merely being both beneficiary and personal representative does not establish removal, and the statute also protects a surviving spouse’s exercise of the elective share, family allowance or exemptions from that conflict ground. Does a personal representative have to be guilty of intentional wrongdoing to be removed? No: wasting or maladministration, failure to comply with a court order and failure to account are causes without proof of bad intent. Beneficiaries cannot remove an executor on their own, and removing an executor of an estate is not automatic because the family dislikes the representative or disagrees with a decision. Challenging the executor of an estate, also searched as removal of executor or challenging executor of estate, follows this removal route rather than a will contest.

Can the court act before the removal hearing? Where estate property is at risk, the court may appoint a curator to preserve it (§ 733.501), but a curator cannot hold full authority alongside a serving personal representative without at least a temporary suspension or revocation of the letters (Gordin v. Estate of Maisel, 179 So. 3d 518 (Fla. 4th DCA 2015)); what is granted depends on the showing of risk. Can you remove an executor after probate has opened? Yes, while the estate is open; once the personal representative has been discharged, a later problem is raised through a petition for further administration (§ 733.903) rather than removal. When removal is ordered, 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?

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. When is the inventory due? Under Florida Probate Rule 5.340, the personal representative files the inventory within 60 days after letters issue and serves it on the interested persons the rule identifies, so a missing inventory is a concrete starting point. What happens if an executor refuses to provide an accounting? Delay combined with no accounting, no communication or personal use of estate assets is different from delay alone. 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; where the estate is ready to distribute and the representative will not, the request may be a petition to compel distribution. A petition to compel distribution generally requires showing that the property will not be needed for debts, taxes, claims, the elective share or expenses of administration (§ 733.802; Fla. Prob. R. 5.380). What does an executor have to tell beneficiaries? Generally a beneficiary is entitled to the notice of administration and a copy of the will (§ 733.212), the inventory (Fla. Prob. R. 5.340), the accountings showing receipts, disbursements, distributions and fees (Fla. Prob. R. 5.346), and the petition for discharge and plan of distribution (Fla. Prob. R. 5.400) — subject to any waiver the beneficiary signed (§ 731.302).

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. Challenging the executor of a will is different from challenging the will. An accounting objection is not a will contest: a beneficiary can accept the will while disputing particular entries, transactions or a proposed distribution.

Removal and financial recovery

Removal changes who serves. Surcharge or other monetary relief addresses proven loss or improper benefit. Section 733.609 addresses a personal representative’s loss-causing breach and contains a costs and attorney’s fees provision whose entitlement, amount and source require analysis; section 736.1001 provides trust-remedy options. Records, causation, defenses and collectibility matter, and a favorable order is not the same as money recovered. One of several co-personal representatives can be removed without removing the others. Can a personal representative step down? Yes, by petitioning the court to resign; after notice, the court may accept the resignation if the estate’s interests are not jeopardized, the resigning representative must surrender the assets and file a final accounting, and acceptance does not end the representative’s liability (§ 733.502; § 733.5035; § 733.5036).

Selling or buying estate property during a dispute

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? 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. Can a personal representative sell homestead property? Protected homestead is not an asset of the probate estate, and a personal representative has no authority to sell it, even under a general power of sale in the will (§ 733.607(1); § 733.608; Harrell v. Snyder, 913 So. 2d 749 (Fla. 5th DCA 2005)); whether the home is protected homestead is the first question. The circuit’s Petition to Sell Real Property checklist must accompany a petition to sell in Palm Beach County. 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, and tell counsel what is about to happen, who is involved and the proposed date so a protective request can be evaluated.

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Deeds, accounts and money transferred before death

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

Yes, but not in the will contest. A house transferred by deed before death, a Lady Bird or life-estate deed, a quitclaim deed signed late in life, a joint account with right of survivorship, a payable-on-death (pay-on-death, or POD) or transfer-on-death designation, and an IRA or life insurance beneficiary form are non-probate transfers. 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. Bring recorded deeds, account-designation documents, powers of attorney, transaction dates and any sale or distribution notices. For a deed, obtain the recorded instrument and the prior deed from the Palm Beach County Clerk’s official records, identify the grantor and grantee, note whether an agent signed and under what power, and compare the execution, recording and legal-description details; a Palm Beach County Property Appraiser entry or tax bill is not a substitute for the deed. A quitclaim or Lady Bird deed label does not decide whether a transfer is valid, and the will-invalidity statute does not itself invalidate a deed. See Florida deed contests, whether a Lady Bird deed can be contested and challenging transfers made before death.

Because a successful will contest does not undo these transactions, one family dispute often has to be pleaded as several claims, in more than one proceeding. Do not assume that a deed, a trust amendment and an account change can all be challenged through one probate objection. For disputes crossing documents and assets, see Florida estate litigation.

Can you sue a sibling who took a parent’s money before death?

Sometimes. Estate disputes between siblings often start with money: one child managed a parent’s accounts, and the others learn of the withdrawals only after death, so a sibling inheritance conflict of this kind is rarely about one document alone. If you believe a sibling stole money from a parent or took it without authority, 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 abuse of that kind may also constitute exploitation of an elderly person or disabled adult. 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.

Allegations of inheritance theft or elder financial exploitation require their own assessment. 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 treble (threefold) 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. Tortious interference with an expectancy of inheritance (also called intentional interference with an expectancy of inheritance, or tortious interference with a testamentary expectancy) is a separate civil claim, generally unavailable where the probate proceeding offers an adequate remedy, and civil claims of this kind carry their own limitation periods under chapter 95. Florida has no single inheritance theft law. Discuss the transaction first so the appropriate representation can be identified; this page does not promise representation in every civil-theft, inheritance-theft or exploitation claim.

If the person is still alive

If the person is still alive, section 732.518 bars a predeath will-validity action. Current concerns about capacity or financial control may require a different protective proceeding. 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, and filing a petition does not automatically freeze every account. 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). See adult guardianship and contested guardianship. Describe any imminent transaction or hearing when contacting the firm; emergency relief and availability require assessment, and no asset freeze, recovery or emergency representation is promised.

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

The Florida elective share 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, the decedent’s fractional 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 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). Bring any prenuptial or postnuptial agreement, proposed release, notice of administration and available ownership information. See Florida elective-share and inheritance rights for the detailed framework.

Homestead 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 homestead exemption on the Palm Beach County Property Appraiser’s records does not by itself answer the descent question; see Florida homestead in probate. Exempt property and the family allowance are additional statutory protections for a surviving spouse and certain children (§ 732.402; § 732.403).

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 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 rule 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.

Estates with no will, and disputed heirs

With no will, there is no will to contest, but probate can still be contested. 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 calls a will is one, and whether property passed outside the estate. A determination of heirs or beneficiaries is its own proceeding (§ 733.105), decided on documents: birth, marriage, adoption and death records, proof of paternity or maternity where a parent-child relationship is disputed, prior judgments and the family tree set against the intestacy statutes. Priority for appointment is governed by § 733.301, and qualification is a separate question under § 733.303. A contested appointment is heard before letters issue, which is why the formal-notice rule in the notice table matters here too. Contesting intestacy, or contesting an estate without a will, therefore means challenging a claimed heirship, a petition for administration or a document offered as a will, not the intestacy statute itself. An heir who calls a West Palm Beach inheritance lawyer about an estate with no will should gather those records before the consultation.

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Inherited property and partition

Inheritance disputes between siblings often center on the family home, and sibling property disputes typically begin when one sibling lives in the house and the others want it sold. Disputes over inherited property and family conflict over inheritance of property start with ownership and the authority to sell, then division. If a deed transferred the property during life, invalidating a later will may not resolve title. If the house was the decedent’s homestead, the homestead rules decide who owns it before any partition question arises. If co-owners accept their ownership but cannot agree on keeping or selling, the court in a partition action first determines the parties’ ownership shares and then divides or sells the property accordingly (§ 64.051), and the accounting between co-owners for mortgage, taxes, insurance, association dues, repairs and the value of exclusive use can be where much of the money is. A partition action has its own property-location rule in § 64.022, so a Palm Beach County house is generally partitioned in Palm Beach County even if the estate is open elsewhere. If ownership itself is disputed, that issue may need to be addressed first or through coordinated proceedings, and homestead status, surviving-spouse rights and existing probate orders can affect the route.

A condominium adds the association’s documents, the carrying costs and, often, a pending sale that forces decisions before the legal question is resolved; gather the association records, insurance, carrying-cost statements and any closing documents early. See the Florida partition action page, the guide for siblings who disagree about the family home, and Florida right of survivorship.

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When a guardianship came first

Palm Beach County ties the two together. Under the Fifteenth Circuit’s assignment order, estate or trust proceedings for a deceased ward are deemed related to the guardianship case and are assigned to the same judge who handled the guardianship, and it is the responsibility of the attorney of record to notify the Clerk in writing that related cases exist. If a guardianship preceded the death, identify that case separately: its case number, the guardian, the annual plans and accountings, and any court reports. Access restrictions, admissibility and the meaning of a particular record still require review.

Contested guardianship moves on its own timetable, with an examining committee, a hearing on capacity and, in urgent cases, a petition for an emergency temporary guardian, and it is also the proceeding in which exploitation that is happening now can be addressed, as opposed to recovered after death. Guardianship disputes in families — over whether a parent needs a guardian, who should serve, or how the guardian is spending — are handled through the firm’s Florida guardianship litigation practice, and the Florida guardianship guide explains the proceeding.

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Palm Beach County courts: venue, divisions and hearings

See the chart “County first, then division: how a Palm Beach County estate dispute reaches a courtroom” (opens the full-size image; the details are also in the text).

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, it provides property-based and, when applicable, debtor-residence alternatives. Domicile is not simply where a beneficiary lives or where death occurred. Trust venue has its own alternatives under § 736.0204, including the principal place of administration, the residence or principal place of business of a beneficiary suing or being sued, and proper venue under chapter 47. A partition action has its own property-location rule in § 64.022, and separate deed and other civil claims require their own analysis. For a seasonal resident or an out-of-state family, bring domicile information, property locations and any other state’s probate case number: a Florida property address does not establish that all assets or all disputes belong in one Palm Beach County proceeding. The Florida domicile guide explains the broader issue.

Palm Beach County is the Fifteenth Judicial Circuit (the 15th Judicial Circuit) and is its only county. The neighbors are in different circuits: Martin and St. Lucie Counties are in the Nineteenth Judicial Circuit, Broward is the Seventeenth, and Hendry and Glades are in the Twentieth (Florida trial courts directory). A parent domiciled in Stuart or Port St. Lucie is generally a Martin County or St. Lucie County estate, and a parent domiciled in Deerfield Beach or Parkland is generally a Broward estate, even if the family thinks of itself as being in the Palm Beaches. For a Broward estate, see Fort Lauderdale probate litigation.

Divisions IA and IZ, and why the city does not decide

West Palm Beach and Boca Raton do not have different probate statutes. Administrative Order 6.101-06/2022 provides that, after July 5, 2022, probate cases under chapters 731 to 735, guardianship cases, conservatorships and curatorships, and trust complaints under chapter 736 or chapter 86 relating to the administration of, or rights of beneficiaries in, trusts are randomly and equitably assigned between Divisions IA and IZ, taking related cases into account. All estate and non-relief trust matters relating to a decedent are deemed related to the estate or trust proceeding and are assigned to the judge where the first case was opened, and estate or trust proceedings for a deceased ward go to the guardianship judge. It does not assign cases by a simple list of nearby cities. Reopened closed cases from the older divisions are randomly reassigned to IA or IZ, with a Notice of Reassignment served on the attorney or self-represented litigant.

The Clerk’s probate FAQ still says courthouse assignment follows the zip code of the petitioner’s attorney’s office, citing a 2020 version of Administrative Order 6.101. The current 2022 order, which supersedes the earlier one, provides for random and equitable assignment between IA and IZ instead. Someone preparing to contest a will, West Palm Beach residents among them, often expects the downtown courthouse, and a family that looks for a Palm Beach Gardens will contest attorney may expect the North County Courthouse, which is a Clerk location rather than the courthouse where Division IA or IZ sits. Neither a West Palm Beach nor a Boca Raton connection guarantees a particular division or courthouse. Check the actual docket, any reassignment and the hearing notice before traveling. Palm Beach County probate judges are assigned to the divisions by the circuit, and the docket shows which judge has the case; this page does not name them because assignments rotate. For a Boca-centered dispute, the Boca Raton probate litigation page remains available; both pages describe representation within the same county system, and the applicable law does not change at the city boundary.

Addresses from the Fifteenth Judicial Circuit’s courthouse pages and Probate Division page, the Clerk’s probate FAQ and the Fourth District Court of Appeal. These are court locations, not Lorenzo Law offices. Court and Clerk details checked October 24, 2026.

How hearings, orders and exhibits work in Palm Beach probate

Filing a pleading with the Clerk and submitting a proposed order to the judge are distinct tasks. The Clerk states that all proposed probate orders must be submitted through the Fifteenth Judicial Circuit’s Online Services (OLS) system and cannot be submitted in person, by mail or e-mail to the court or the Clerk, or through the e-filing portal; the divisional instructions add that orders are submitted in Word format for electronic signature. Probate checklists are required for probate filings and are completed in OLS. If you receive a status order or deficiency memorandum, the deficiency must be cured before the order is resubmitted.

The current divisional instructions describe a Uniform Motion Calendar (UMC) for shorter matters, special-set hearings set by order rather than by notice, evidentiary hearings in person unless the court approves otherwise, trials in person, and mediation completed before trial, though a trial date may be obtained before mediation. Each division’s attendance rules differ in detail, and the two divisions’ pages contain overlapping and older passages, so do not assume a hearing is remote, or that an out-of-state address guarantees remote testimony. Read the hearing notice and the assigned division’s current instructions; a case-specific order controls. Ask about accommodations or interpretation early and follow the court’s process: a bilingual lawyer consultation does not itself arrange a court interpreter.

Palm Beach County probate records

The Palm Beach County Clerk of the Circuit Court & Comptroller’s court-records search lets anyone search a probate case by case number or the decedent’s name, but the Clerk’s FAQ says documents filed in probate cases are not viewable online except by the parties or the attorney of record, who must register to view them. The docket shows the division code, and the court’s divisions page leads to the assigned judge’s instructions. Deeds and other land records are in the Clerk’s official records, a separate collection, and the Palm Beach County Property Appraiser’s entry is a pointer, not the deed. For forms, case lookups and filing mechanics, see the Palm Beach County probate court guide; this page covers what a contested case adds.

Depositing an original will in Palm Beach County

Under § 732.901, the custodian of a will must deposit it with the clerk having venue within ten days after receiving information that the testator has died. That is a document-deposit duty, not the period for contesting the will, and deposit alone does not commence a contest or open administration. The Palm Beach Clerk says there is no filing fee to deposit a will, that the death certificate can be e-filed but the original will must be filed with the Clerk, and that the original can be delivered in person at any courthouse location or mailed to the Probate Division at P.O. Box 4667, West Palm Beach, FL 33402, with a certified copy of the death certificate or another document confirming the date of death. The court’s Probate Division page separately directs that originals in a pending matter be mailed or sent overnight to the physical address of the courthouse where the matter is pending. Confirm the current directions for your document and purpose, and keep proof of delivery.

Where do Palm Beach County probate appeals go?

An appeal from a Palm Beach County probate order goes to the Fourth District Court of Appeal in West Palm Beach, which hears appeals from the Fifteenth, Seventeenth and Nineteenth Judicial Circuits (§ 35.042). 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, so arrange a court reporter for an evidentiary hearing. Appealing a will, strictly speaking, means appealing the court’s order admitting it to probate, revoking probate or deciding a contest; the will itself is not appealed.

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What happens in a West Palm Beach probate lawsuit?

The initial review should connect the desired result to the documents, the available evidence, any immediate response and the likely work required. It may reveal that information is missing, that several proceedings need coordination, or that a proposed claim is not practical to pursue.

See the chart “The stages of a contested estate case in Palm Beach County” (opens the full-size image; the details are also in the text).

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. No filing automatically secures the requested remedy.

How long does a contested probate case take?

There is no reliable universal completion time for a West Palm Beach probate dispute. If a will is contested, how long does it take? That cannot be given as 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, discovery and the assigned division’s calendar all affect duration and expense. The firm discusses the proposed stages and their uncertainties after reviewing the facts; no completion date is promised.

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Defending a will, trust or fiduciary claim

Defending a will contest means expecting the challenger to test every step of the signing. Evidence a defense may rely on is affirmative: independent counsel the decedent chose 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 assembled late is a weaker defense.

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. Do not contact witnesses to coordinate accounts, do not reorganize or destroy anything, and do not try to argue the accusation directly to the other beneficiaries. If you are defending a fiduciary claim, preserve records and continue required reporting and other duties — a trustee must keep the qualified beneficiaries reasonably informed and provide accountings (§ 736.0813), and a personal representative must serve the inventory and the accountings (Fla. Prob. R. 5.340 and 5.346) — and keep those communications separate from any informal defense of the accusation. Counsel should review the allegations, service, governing instrument, prior approvals and whether your individual and fiduciary interests require separate representation.

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What does probate litigation cost, and who pays?

A removal request and a claim to recover money are different assignments, and neither is always quicker or cheaper than the other. Discuss the value at stake, evidence gaps, possible settlement, likely expenses, fee exposure and collectibility. A disputed estate with real property, including a condominium with association dues, may also incur carrying costs while the matter is pending. 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 probate is not a pure each-side-pays system: several provisions can shift fees, none of them automatically, and the exposure can run in more than one direction.

How much should a probate lawyer cost in Florida? For administration without a dispute, § 733.6171 sets a presumptively reasonable attorney’s fee schedule for ordinary services, based on the estate’s inventory value and income, with separate compensation possible for extraordinary services; contested litigation is not priced by that schedule and is billed for the work it requires under the written agreement. For administration costs generally, see the cost of probate in Florida guide. Who pays to contest a will in Florida? Ordinarily the person bringing the contest pays that person’s own lawyer under the engagement agreement, subject to the fee provisions above and the court’s rulings.

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. Costs may be payable without a recovery, and any noncontingent part of a hybrid fee may be payable regardless of the result, as the agreement provides. 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? 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.

Is it worth contesting a will?

No general statistic can answer whether it is worth contesting a will in Florida for a particular estate. 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. How do you successfully contest a will? There is no tactic that substitutes for evidence: a contest needs to connect a recognized ground to contemporaneous records, be brought by someone with standing, and be filed inside the deadline. Can family members resolve the dispute privately? Generally yes: under § 733.815, interested persons may agree among themselves in a written contract to alter their interests, shares or amounts, and the personal representative must abide by it, subject to the rights of creditors and taxing authorities. An agreement under § 733.815 binds only the interested persons who sign it, and a minor’s or an incapacitated beneficiary’s share is not altered unless that beneficiary’s interest is properly represented. Have proposed releases and accountings reviewed before deciding whether to sign. Potential recovery and adverse fee exposure are discussed together before any decision to litigate.

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Comparing probate litigation attorneys in Palm Beach County?

Who are some good probate attorneys in Palm Beach County? This page does not rank lawyers. The rules governing lawyer advertising do not permit comparisons of lawyers unless the comparison is objectively verifiable. What can be checked is objective: confirm a lawyer’s Florida Bar status in The Florida Bar’s member directory; ask how many contested matters of this kind the lawyer handles, who will do the work, how fees and costs are structured in writing, and whether the lawyer can appear in the division where the case is filed. Ask for the conflict check to be done before you send private records. If you are comparing a West Palm Beach probate litigation law firm with a solo practice, ask who will actually appear at each hearing.

Whether you search for probate litigation lawyers near me, trust dispute lawyers near me, probate attorneys in Palm Beach County, an estate litigation law firm or a trust and estate litigation attorney, the work is done in the court where the case is filed, not at a particular street address, so use the same questions to compare solo practices and multi-attorney firms. Lorenzo Law’s principal office is in Kissimmee, with appointments in Coral Gables and Fort Lauderdale, and consultations are available by phone or video for West Palm Beach and Palm Beach County matters. Jose M. Lorenzo, Jr. is the firm’s only attorney and handles contested matters himself.

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What to gather before the consultation

• Case and people: the decedent’s or settlor’s name, date of death if applicable, case number, assigned division (IA or IZ), fiduciary names, existing lawyers and your claimed interest.
• Notices: every page of the notice, petition, complaint, accounting, waiver, release and hearing order; include envelopes, signed receipts, tracking and electronic delivery records.
• Governing documents: wills and codicils, prior versions, complete trusts and amendments, powers of attorney and marital agreements.
• Property and money: recorded deeds, inventories, accountings, statements lawfully available to you, sale records and the particular transactions you question.
• Timeline: dates of signing, illness, changes in contact, appointments, transfers, notices and conversations. Separate personal observations from assumptions or secondhand reports.
• Witnesses and missing records: names, contact information, what each person observed and who may hold documents you cannot access.
• Your objective: information, defense, preservation of an asset, an ownership determination, a fiduciary change, recovery or negotiated resolution.

Keep originals intact and preserve complete messages, attachments and file dates. Do not access someone else’s accounts without authority. Do not post sensitive records publicly or put full account numbers, medical records or identifying numbers in a first general contact message: ask how to provide sensitive records securely after the firm identifies the people involved and the appropriate intake process.

Keep a separate notice log

For each notice or court paper, record its exact title, sender, recipient, delivery method, the date it was sent, the date it was received or served, any waiver and the date it was filed, and any stated response or hearing date. Keep evidence of delivery even if you are unsure whether it was legally effective service. Service, sending, receipt and the filing of a waiver can have different legal effects, and a lawyer can identify which missing records matter after reviewing the actual notice and the Palm Beach County docket.

Mistakes that can cost a probate dispute

What are the common mistakes in probate disputes? The ones that cannot be undone come first: letting an objection period run while gathering records, signing a waiver or receipt without understanding what it releases, assuming the estate’s lawyer represents you, confronting the other side before records are preserved, and moving or altering original documents. Others raise the cost rather than end a claim: treating a personal grievance as a legal ground, bringing a will contest when the property passed by deed or beneficiary designation, and pursuing in your own name a claim that belongs to the estate. Do not assume that sending a letter to the judge preserves a claim.

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One attorney from first call to resolution

Jose M. Lorenzo, Jr. is Lorenzo Law’s sole attorney. He was admitted to The Florida Bar 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, beginning with the initial call.

The principal office is in Kissimmee, Florida, with meetings by appointment in Coral Gables and Fort Lauderdale. This page describes representation for Palm Beach County matters, including West Palm Beach (downtown, Northwood, El Cid and Flamingo Park), the Town of Palm Beach, Palm Beach Gardens, Jupiter, Juno Beach, Tequesta, North Palm Beach, Riviera Beach, Lake Worth Beach, Lantana, Greenacres, Wellington, Royal Palm Beach, Westlake and Loxahatchee, Belle Glade, Boynton Beach, Delray Beach, Highland Beach and Boca Raton; it does not identify a West Palm Beach office. A family looking for a Palm Beach Gardens probate litigation lawyer is served the same way, by phone or video, as is a family in trust litigation: North Palm Beach, Tequesta and Juno Beach matters are handled no differently. Lorenzo Law represents clients statewide, so a contested estate in neighboring Martin, St. Lucie or Broward County is handled the same way; see Florida probate service areas. For routine administration in nearby cities, see the Boynton Beach and Delray Beach probate pages.

A question people ask 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. 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, por teléfono o video, sobre herencias y disputas sucesorias en el condado de Palm Beach. Vea abogado de herencias en West Palm Beach e impugnar un testamento en Florida.

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Common questions about West Palm Beach probate litigation

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 (the 10 days that give the rule its name) after receiving information that the testator has died. The ten days run from receiving information of the death, not automatically from the date of death. For a Palm Beach County decedent, that is the Palm Beach Clerk, which charges no filing fee for the deposit and accepts the original in person at a courthouse location or by mail to the Probate Division at P.O. Box 4667, West Palm Beach, FL 33402, with proof of the date of death. Depositing a will alone does not commence administration or challenge its validity, and it does not start a will contest.

How hard is it to contest a will in Florida?

How hard it is to win a contested will 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 an important 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?

The cost of hiring a lawyer to contest a will in Florida 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.

Can you contest a will after probate is closed?

Rarely. A petition to revoke probate must be filed before the personal representative’s final discharge and only if no earlier bar under § 733.212 or § 733.2123 applies; once the personal representative has been discharged, that route is closed. Subsequent administration under § 733.903 addresses matters such as property discovered after discharge; it is not a renewed challenge to the will. If you were never served or discovered a later will, have the docket, prior service, waivers and orders reviewed promptly; none of those facts is an automatic exception.

Which Palm Beach County courthouse will hear my case?

The one tied to the division the case is assigned, not the one nearest your home. Under Administrative Order 6.101-06/2022, covered probate, guardianship and trust cases are randomly and equitably assigned between Divisions IA and IZ, with related cases kept together; the Division IA instructions identify the Judge Daniel T. K. Hurley Courthouse in West Palm Beach and the Division IZ instructions identify the South County Courthouse in Delray Beach. The Clerk’s FAQ still describes an older zip-code assignment under a 2020 version of the order, so rely on the docket, any notice of reassignment and the hearing notice, and on the assigned division’s current instructions about whether attendance is in person or remote.

How do I look up a Palm Beach County probate case?

Search the Palm Beach Clerk’s court records by the decedent’s name or the case number. The Palm Beach County probate docket shows filings, orders and the assigned division, but the Clerk says probate documents are viewable online only by the parties and the attorney of record, and the Clerk releases inventories and accountings only to the personal representative or that representative’s attorney; others may ask the attorney of record or obtain an order. Deeds are in the Clerk’s official records, a separate collection. The Palm Beach County probate court guide covers the mechanics.

What happens if a will contest succeeds?

Probate of the will, or of the part procured by fraud, duress, mistake or undue influence, is revoked, and the property passes under whatever valid instrument remains or, if none, by intestacy. Invalidating one will does not automatically prove that a particular earlier will governs; each instrument and each revocation is evaluated. A successful contest does not undo deeds, trusts, joint accounts or beneficiary designations, which pass outside the will, and the statute protects a good-faith purchaser who bought estate property before the order of revocation. Fees and costs are decided under the statutes described above, not automatically in the winner’s favor.

Do most Palm Beach probate disputes go to mediation?

Mediation is a regular part of contested probate practice, and the Palm Beach divisional instructions require mediation to be completed before trial. Mediation is a negotiation, not a decision: a settlement is weighed against the evidence, the relief realistically available, the cost of going forward, the people whose rights it affects, any required court approval and how it will be enforced. Preparing for mediation means having the documents and the deadline analysis ready, not postponing them.

What if I have no copy of the will or trust?

Bring the notices, case number and information you do have. Identify who may hold the original or a copy. Access rights and the proper method for obtaining records depend on your role and the document, and a trustee’s information duties run to qualified beneficiaries under the statute’s conditions. Missing documents do not establish unlimited time to act.

Can I handle the dispute without a lawyer?

Your capacity and the proceeding matter. Florida Probate Rule 5.030 generally requires a guardian or personal representative to have Florida counsel, subject to its exceptions. An individual beneficiary considering self-representation still must comply with the applicable pleading, service, evidence and deadline requirements; the Division IZ instructions, for example, say that a hearing is held in person when an evidentiary hearing is necessary or at least one party is self-represented. Do not assume that sending a letter to the judge preserves a claim.

Can the consultation be in Spanish, or by video from another state?

Yes. Jose M. Lorenzo, Jr. consults in English and Spanish, by phone or video, and handles Florida matters for clients who live elsewhere. Spanish-language information is available on the abogado de herencias en West Palm Beach page. Court attendance and testimony depend on the assigned division and its orders. Mention any notice, hearing date or proposed distribution when you first contact the firm.

Discuss your West Palm Beach probate dispute with Lorenzo Law

Jose M. Lorenzo, Jr. is a Florida attorney, Bar No. 107002, and Lorenzo Law’s sole attorney. As a West Palm Beach probate litigation attorney by practice rather than by office, he represents beneficiaries, heirs, spouses and fiduciaries across Palm Beach County, 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 depends on conflict review, acceptance and a written engagement; an inquiry alone does not create an attorney-client relationship, and requesting a consultation does not stop a deadline.

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, Palm Beach County probate; and for a plan of your own, Florida estate planning.

This page provides general information about Florida law, not legal advice for a particular case. 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 or pause a deadline.

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 division, and the assigned division’s current instructions control. Case citations are provided for the propositions stated and should be read in full.