Probate Litigation

Boca Raton Probate Litigation Attorney

Probate is supposed to be a structured, orderly process. But when family members disagree over a will, a personal representative acts improperly, or an estate plan is tainted by fraud, it becomes anything but. Probate litigation in Florida involves contested court proceedings within the probate process, and the stakes can include your inheritance, your family relationships, and the final wishes of someone you loved. If you are caught in a disputed estate matter in Boca Raton or anywhere in Palm Beach County, contact Bloodworth Law, PLLC for a free consultation at 407-449-8958.

These disputes move through Florida’s probate court under strict procedural rules, and missing a deadline or taking the wrong first step can permanently affect your rights as a beneficiary or heir. Our attorneys represent clients on both sides of probate disputes, whether you are challenging a will, defending a personal representative, or seeking to hold a fiduciary accountable.

What Is Probate Litigation in Florida?

Probate litigation refers to contested legal proceedings that arise during the administration of a decedent’s estate in Florida, distinct from routine probate administration, which proceeds without court disputes.

Florida’s probate process is governed by the Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes. When someone dies, their estate assets typically pass through probate court, where a personal representative is appointed to gather assets, pay creditors, and distribute property to beneficiaries. That process becomes contentious (and triggers probate litigation) when a party challenges the validity of the will, disputes how the estate is being administered, or alleges wrongdoing by a fiduciary.

Probate litigation is a distinct category of practice. It requires knowledge of both probate procedure and civil litigation strategy, including discovery, depositions, and evidentiary hearings conducted before a probate judge.

Common Grounds for Contesting a Will in Florida

Florida law permits a will contest on specific legal grounds. It is not enough to feel a distribution is unfair; a challenger must prove a recognized legal basis under Florida Statute § 732.5165.

The most frequently litigated grounds include:

• Lack of testamentary capacity: The testator (the person who made the will) must have understood the nature of making a will, the extent of their assets, who their natural heirs were, and how the will disposed of those assets. A diagnosis of dementia or Alzheimer’s disease does not automatically void a will, but evidence of severe cognitive decline at the time of signing can establish lack of mental capacity.
• Undue influence: This occurs when a person in a position of trust or power over the testator exerts pressure that overrides the testator’s free will, substituting their own wishes for the testator’s. Florida courts look at factors including whether the influencer had a confidential relationship with the testator and whether they were active in procuring the will.
• Fraud or forgery: A will may be challenged if the testator was deceived into signing it or if signatures were forged.
• Improper execution: Under Florida Statute § 732.502, a will must be signed by the testator in the presence of two witnesses who sign in each other’s presence. A will that was not properly executed can be invalidated regardless of its contents.
• Duress: A will executed because the testator was threatened or coerced may be set aside on this ground.

Florida also imposes a standing requirement. Only interested persons, meaning those who would be affected by the outcome, have the right to bring a will contest.

The Personal Representative’s Role and When Disputes Arise

A personal representative (called an executor in other states) has a fiduciary duty to the estate and its beneficiaries. This means they must act in good faith, avoid self-dealing, and administer the estate promptly.

Florida law grants beneficiaries the right to demand accountings, object to proposed distributions, and petition the court to remove a personal representative who is failing in their duties. Common personal representative disputes in probate litigation include:

• Failure to file inventories or accountings as required
• Self-dealing, such as purchasing estate assets at below-market value
• Mismanagement or waste of estate assets
• Distributing assets prematurely or incorrectly
• Refusing to pay valid creditor claims, or paying invalid ones

When a personal representative breaches their fiduciary duty, beneficiaries can petition the probate court for surcharge. This is a monetary remedy that holds the personal representative personally liable for losses caused to the estate.

Creditor Claims and Estate Disputes Beyond Will Contests

Probate litigation in Florida extends beyond will contests to include creditor claim disputes, elective share claims, and challenges to the appointment or conduct of a personal representative.

Not all probate disputes involve a contested will. Some of the most significant estate disputes arise from:

• Creditor claim objections: The personal representative may object to a creditor’s claim as untimely or invalid. Florida sets strict deadlines for creditors to file claims against a decedent’s estate, and failing to meet those deadlines can bar recovery entirely.
• Elective share claims: Under Florida Statute § 732.2065, a surviving spouse who was left less than 30% of the elective estate may elect to claim that share regardless of what the will provides. These claims frequently require litigation to determine the composition of the elective estate.
• Pretermitted heir claims: A child born or adopted after the execution of a will who is not provided for may be entitled to an intestate share under Florida law.
• Homestead disputes: Florida’s homestead laws impose restrictions on how a decedent’s primary residence may be devised, and violations of those restrictions are a recurring source of probate court disputes.

Florida Probate Litigation Procedure: What to Expect

Florida probate litigation follows the Florida Rules of Civil Procedure as adapted for probate court proceedings, meaning these disputes involve formal pleadings, discovery, and evidentiary hearings, not just paperwork filings.

Once a petition is filed (whether to contest a will, remove a personal representative, or challenge a creditor claim), the probate court sets a briefing schedule and may hold evidentiary hearings. Key procedural stages include:

1. Filing the petition or objection: The challenging party files a formal pleading identifying the legal basis for their claim and the relief they seek.
2. Service of process: All interested persons must be notified and allowed to respond.
3. Discovery: Parties may conduct depositions, request documents (including medical records, financial statements, and communications), and retain expert witnesses such as physicians or handwriting analysts.
4. Mediation: Florida courts frequently require mediation before trial. Many probate disputes settle at this stage.
5. Evidentiary hearing or trial: If the matter does not settle, the probate judge hears testimony and reviews exhibits before issuing a ruling.

Florida’s probate courts are located in each county’s circuit court. In Palm Beach County, probate matters are heard in the Fifteenth Judicial Circuit.

Geographic Reach: Who We Serve

Bloodworth Law, PLLC serves clients in Boca Raton and across South Florida, including in Palm Beach County, Broward County, and Miami-Dade County.

Boca Raton sits at the southern end of Palm Beach County, placing our clients in matters that may be heard in West Palm Beach or that span estates with assets across multiple counties. We also represent clients in Fort Lauderdale, Delray Beach, Coral Springs, and Palm Beach Gardens. For clients facing contested estate matters anywhere in South Florida, our attorneys are prepared to handle litigation wherever jurisdiction lies.

Frequently Asked Questions About Probate Litigation in Boca Raton

How long does probate litigation in Florida typically take?

Contested probate matters in Florida vary widely in duration. A straightforward will contest that settles at mediation may resolve in several months. A fully litigated case involving multiple claims, expert witnesses, and appeals can take two years or more. The complexity of the estate, the number of interested parties, and the court’s docket all affect the timeline.

Can a personal representative be removed during probate?

Yes. Florida Statute § 733.504 permits the court to remove a personal representative for cause, including breach of fiduciary duty, incapacity, conviction of a felony, and mismanagement of estate assets. A beneficiary or other interested person must file a petition for removal and demonstrate grounds. The court may also suspend the personal representative and appoint a successor pending the hearing.

What is the deadline to contest a will in Florida?

Under Florida Statute § 733.212, interested persons must file an objection to a will within three months of the date the personal representative serves a Notice of Administration, or within three months of the date they receive that notice, whichever is later. Missing this deadline generally results in permanent waiver of the right to contest. Early legal consultation is critical.

Do probate litigation cases always go to trial?

No, most Florida probate disputes resolve before trial. Mediation is frequently ordered by the court and is often effective because the parties share a common interest in preserving estate assets rather than depleting them through litigation costs. However, some cases involving serious misconduct or significant assets do proceed to a full evidentiary hearing.

What happens to estate assets during a contested probate proceeding?

The probate estate generally remains open, and the personal representative continues their duties during litigation, subject to court supervision. In some cases, the court may issue orders restricting distributions, freezing specific assets, or appointing a curator to preserve property while the dispute is resolved. Beneficiaries concerned about asset dissipation can petition the court for emergency relief.

Can beneficiaries dispute a trust as well as a will?

Yes. Disputes over revocable trusts (which are frequently used alongside wills in Florida estate plans) follow a parallel but distinct body of law under the Florida Trust Code. Trust litigation involving allegations of breach of fiduciary duty, undue influence, or improper trust administration proceeds in the probate division of the circuit court as well.

Is elder law relevant to probate litigation?

Elder law and probate litigation frequently intersect when a decedent was elderly and potentially vulnerable to exploitation. Issues of mental capacity, undue influence, and guardianship services may all be relevant when the evidence shows that someone took advantage of an aging individual in the period leading up to their death. Florida’s Adult Protective Services statutes and guardianship laws can become part of the factual record in these cases.

Speak with a Boca Raton Probate Litigation Attorney Today

Disputed estates are time-sensitive. Deadlines to file objections, contest wills, or respond to creditor claims are measured in weeks and months, not years, and Florida courts enforce them strictly. Whether you are a beneficiary whose inheritance is at risk, a personal representative defending your administration of a decedent’s estate, or a family member who believes a loved one’s will does not reflect their true wishes, the attorneys at Bloodworth Law, PLLC are ready to help.

We offer a free consultation to discuss your matter and explain your options under Florida law. Contact our Boca Raton probate litigation attorneys today at 407-449-8958, or reach us online. Our law firm serves clients across Boca Raton, Palm Beach County, and throughout South Florida.