Estate litigation in Florida is the formal court process that resolves disputes among heirs, beneficiaries, and personal representatives during probate. It arises when someone challenges the validity of a will, the conduct of a fiduciary, or how estate assets are being distributed. In Florida, these disputes are governed primarily by the Florida Probate Code (Chapters 731 through 735, Florida Statutes) and are heard in the circuit court’s probate division of the county where the decedent lived.
I have sat across the table from siblings who hadn’t spoken in years and from grieving spouses staring down adult stepchildren. Most of the time, the fight isn’t really about money. It’s about feeling seen, feeling cheated, or feeling that a parent’s wishes were ignored. Understanding how Florida law actually treats these conflicts is the first step toward resolving one — or avoiding it altogether.
Why Heirs End Up Fighting in Florida Probate
Conflict rarely appears out of nowhere. It builds over years and then detonates after a death, when assets and old resentments finally collide. In Boca Raton, where blended families, second marriages, and out-of-state heirs are common, the triggers tend to repeat.
- An ambiguous or outdated will. A document drafted in 1998 that never accounted for a new spouse or a sold property invites argument.
- A late-in-life change to the estate plan. When a parent revises a will months before death — often while in declining health — other heirs grow suspicious.
- A personal representative who won’t communicate. Silence reads as concealment, even when nothing is wrong.
- Unequal distributions. One child gets the house; another gets a fraction. Fairness and legality are not the same thing, and heirs feel the gap.
- Suspicion of undue influence. A caregiver, a new partner, or one favored child who suddenly controls the assets.
Even in a small estate that qualifies for summary administration, these tensions surface. A modest bank account or a single condo can produce just as much heartache as a multimillion-dollar portfolio.
The Most Common Types of Florida Estate Litigation
Will Contests
A will contest challenges whether a will is legally valid. Under Florida law, a will can be set aside on several grounds: improper execution, lack of testamentary capacity, undue influence, fraud, duress, or mistake. Section 732.502, Florida Statutes, sets the execution formalities — the will must be signed by the testator at the end and witnessed by two people who sign in the testator’s presence and in the presence of each other. Miss those steps and the document may fail entirely.
Undue influence is the ground I see most often. Florida courts examine whether a beneficiary occupied a position of trust, was active in procuring the will, and stood to gain substantially. When those factors line up, a presumption of undue influence can shift the burden to the person who benefited. The leading framework still traces back to In re Estate of Carpenter, the Florida Supreme Court decision that laid out the factors courts weigh.
Disputes Over the Personal Representative
Heirs frequently clash with the personal representative (Florida’s term for an executor). The personal representative owes fiduciary duties under Chapter 733 — duties of loyalty, impartiality, and prudent administration. When a fiduciary self-deals, hides assets, pays themselves excessive fees, or simply refuses to move the estate forward, an interested party can petition the court to compel an accounting or to remove the representative under Section 733.504, which lists the statutory grounds for removal.
Breach of Fiduciary Duty and Accountings
Beneficiaries have a right to information. A personal representative must provide a final accounting and a plan of distribution before closing the estate, and beneficiaries may object. If the numbers don’t add up — missing assets, unexplained withdrawals, suspicious “loans” — that objection can mature into a full breach-of-fiduciary-duty claim with surcharge liability against the fiduciary personally.
Spousal Rights and the Elective Share
Florida fiercely protects surviving spouses, and that protection generates litigation. A surviving spouse who is disinherited or under-provided for can claim the elective share — 30% of the elective estate under Sections 732.201 through 732.2155. There are also homestead protections under the Florida Constitution and family allowance rights. Stepchildren and a second spouse routinely find themselves on opposite sides of these claims.
Deadlines That Can Make or Break a Claim
Florida probate runs on strict timelines, and missing one is often fatal to an otherwise strong case. A few that matter most:
- Objecting to a will: Once a personal representative serves formal notice of administration, an interested person generally has three months to file an objection challenging the will’s validity or the venue. Sit on it, and the right is usually lost (Section 733.212).
- Creditor claims: Creditors typically must file within three months of publication of the notice to creditors, or within 30 days of being served directly.
- Elective share election: A surviving spouse must make the election within the earlier of six months after service of the notice of administration or two years after the decedent’s death.
These windows are short. The practical lesson: if something about an estate feels wrong, talk to a probate litigator early. The difference between a viable claim and a barred one is often a matter of weeks.
How Florida Estate Disputes Actually Get Resolved
Trial is the exception, not the rule. Florida courts strongly favor settlement, and Section 733.815 even allows interested persons to alter distributions by written agreement among themselves. Here is the path most contested estates travel.
- Demand and disclosure. Often a sharply worded letter requesting an accounting resolves a suspicion before any petition is filed.
- Formal petition. If disclosure doesn’t satisfy, the dispute is filed in the probate division — a petition to revoke probate, to remove the representative, or to compel an accounting.
- Mediation. Florida circuit courts routinely order probate disputes to mediation. A neutral mediator and the reality of legal fees push most families toward compromise.
- Family settlement agreement. Heirs sign a binding agreement redistributing assets, and the court approves it. Everyone moves on.
- Trial. When the facts genuinely conflict — capacity, forgery, undue influence — a judge decides. Probate matters in Florida are tried to the bench, not a jury.
The cost of fighting deserves blunt honesty. Litigation drains the very estate the heirs are fighting over, and Florida law permits the court to shift attorney’s fees in some circumstances. I tell clients to weigh the principle against the price. Sometimes a fight is worth it. Often, a well-negotiated settlement preserves both the inheritance and what’s left of the family.
Protecting Yourself Before a Dispute Starts
The cleanest estate litigation is the one that never happens. A carefully drafted, properly executed estate plan — clear wills, updated beneficiary designations, and where appropriate a revocable trust to keep assets out of probate entirely — removes most of the fuel that disputes feed on. Communicating intentions to heirs during life, awkward as it can be, prevents the shock that turns into a courtroom.
If you are an out-of-state heir or your loved one held property in more than one jurisdiction, coordination matters. New York families dealing with a parallel estate can review how the process works in , and anyone weighing the friction points should read this overview of the . For Florida-specific matters, our colleagues handle as well.
When to Call a Boca Raton Probate Litigation Attorney
You don’t need to wait until a lawsuit is filed. Reach out if a will appeared suddenly, if a personal representative goes dark, if assets seem to be vanishing, or if you simply can’t get straight answers about an estate you’re entitled to inherit. Early advice is cheaper than a contested trial, and the Florida deadlines are unforgiving. If you’re navigating a heir dispute in Palm Beach County, contact our Boca Raton office to understand your options before a window closes.
Frequently Asked Questions
What are the grounds for contesting a will in Florida?
Under the Florida Probate Code, a will can be challenged for improper execution (failing the witnessing rules of Section 732.502), lack of testamentary capacity, undue influence, fraud, duress, or mistake. Undue influence is the most commonly litigated ground, especially when a beneficiary in a position of trust was active in procuring the will and stood to gain substantially.
How long do I have to object to a will in Florida?
Once the personal representative serves a formal notice of administration, an interested person generally has three months to file an objection challenging the will’s validity or the venue, under Section 733.212. Missing this deadline usually forfeits the right to contest, so it’s critical to act quickly if you suspect a problem.
Can a personal representative be removed in Florida?
Yes. Section 733.504 lists statutory grounds for removal, including breach of fiduciary duty, mismanagement, self-dealing, failure to account, conflicts of interest, or incapacity. An interested party can petition the probate court to compel an accounting and to remove and replace the fiduciary.
Does a surviving spouse have rights even if left out of the will?
Yes. Florida protects surviving spouses through the elective share — 30% of the elective estate under Sections 732.201 through 732.2155 — along with homestead protections and family allowance. A disinherited spouse can claim these rights, but the elective share election must be made within strict deadlines, generally six months after notice of administration or two years after death, whichever is earlier.
Do Florida estate disputes always go to trial?
No. Most contested estates settle. Florida courts routinely order probate disputes to mediation, and Section 733.815 allows heirs to redistribute assets by written family settlement agreement with court approval. Trial is reserved for genuinely disputed facts like capacity, forgery, or undue influence, and probate cases are decided by a judge rather than a jury.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
