Probate Litigation Help for Florida Beneficiaries, Heirs and Fiduciaries

A probate litigation attorney represents beneficiaries and heirs who believe a will, a trust or a fiduciary’s conduct is wrong. In Florida, several of these challenges run on short deadlines, so early steps matter. This page explains what can be challenged, how a dispute moves and what to expect. Trust Counsel, PL is a Florida trusts and estates firm with its only office in Coral Gables.

What Beneficiary Probate Litigation Covers in Florida

Beneficiary probate litigation is a dispute brought by someone who inherits, or claims to inherit, from an estate or trust. It asks a court to decide who receives property and how that property is managed.

People in this group usually include:

• Heirs, when a person died without a will.
• Named beneficiaries under a will or trust.
• People who were left out or received less than they expected.

Florida calls the person who runs a probate estate the personal representative (often called an executor). See Fla. Stat. § 731.201. Trust Counsel, PL advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. The firm does not serve as a fiduciary itself.

Will Validity Disputes: Invalidity, Undue Influence and Capacity

A will can be challenged when fraud, duress, mistake or undue influence procured it. Under Fla. Stat. § 732.5165, a will is void if its execution was procured that way.

The burden of proof matters. Under Fla. Stat. § 732.5165, a will is void if its execution is procured by fraud, duress, mistake, or undue influence. The burden of showing formal signing and witnessing is set by a different statute, Fla. Stat. § 733.107. After that, the person contesting it must prove the grounds for opposing probate, under Fla. Stat. § 733.107. That same statute provides that, where the presumption of undue influence applies, it shifts the burden of proof under ss. 90.301-90.304.

Lawyers in these cases usually review the signing circumstances, care and medical records from the time of signing, prior wills and communications with the person who died. Capacity disputes often turn on what the signer understood about their property and family.

Deadlines are where many people lose ground. After a notice of administration, Fla. Stat. § 733.212 gives you 3 months from service to object to the will’s validity, venue or jurisdiction. Otherwise those objections are forever barred. The deadline depends on the facts and the notice served.

Trust disputes follow a different clock. See Fla. Stat. § 736.0604.

Breach of Fiduciary Duty and Accounting Claims

A beneficiary can bring a breach of fiduciary duty claim when a personal representative or trustee harms the estate or trust. Common concerns include self-dealing, unauthorized sales or transfers, failure to protect assets, uneven distributions and missing records.

A personal representative has the same fiduciary duty a trustee of an express trust has. The personal representative is liable to interested persons for loss caused by a breach. See Fla. Stat. § 733.609. In these actions, the court shall award taxable costs, including attorney’s fees.

Courts have remedies for trust breaches. A court may compel an accounting, compel the trustee to restore property or pay money, suspend the trustee or reduce or deny compensation. See Fla. Stat. § 736.1001. A personal representative can also be removed for causes such as maladministration of the estate. See Fla. Stat. § 733.504.

Information rights come first. On written request, a beneficiary is entitled to a written explanation of how an inventory value was set, under Fla. Stat. § 733.604: a residuary beneficiary or heir in an intestate estate may request this for all inventoried assets, and any other beneficiary for the assets distributed or proposed to be distributed to that beneficiary. See Fla. Stat. § 736.0813.

Probate Litigation vs. Probate Administration

Probate administration is the court-supervised process of collecting assets, paying debts and distributing what remains. Probate litigation is a contested dispute that arises inside that process or in a separate trust action.

Many estates move through administration without a fight. Disputes usually start when a beneficiary objects to a distribution, a fiduciary won’t share information, or a will or trust is challenged.

Beneficiaries may need counsel at different points. Some come in before a case is filed. Others come in during administration or after a distribution has already been made. After a distribution, the timing and the facts decide which options remain.

A written demand can resolve a question before a formal filing, but an objection to the validity of the will, venue or jurisdiction must be made by filing a petition or other pleading within 3 months after service of the notice of administration, or it is forever barred. The 3-month period may be extended only for estoppel based on a personal representative’s misstatement of the deadline, and the objection is barred no later than the earlier of the entry of an order of final discharge of the personal representative or one year after service of the notice. That only works when the facts allow it.

How a Beneficiary Dispute Moves: Steps and Timeline

A beneficiary dispute usually moves from document review to a written demand, then to negotiation or a court filing if needed. These are the typical steps:

1. First meeting. We review the will or trust, the notices you received and the dates that matter.
2. Document collection. Gather the inventory, any accountings, bank records and prior estate planning documents.
3. Written demand. Send an objection or a request for information to the personal representative or trustee.
4. Negotiation or mediation. Pursue settlement when the facts and the other parties allow it.
5. Filing. If the dispute is not resolved, file in the proper Florida court. Objections to the validity of the will, venue or jurisdiction must be filed by petition or other pleading within 3 months after service of the notice of administration, or they are forever barred. The 3-month period may be extended only for estoppel based on a personal representative’s misstatement of the deadline, and they are barred no later than the earlier of the entry of an order of final discharge of the personal representative or one year after service of the notice. Discovery, motions and possible trial follow.

The timeline depends on the facts, the court’s calendar and whether the other side contests the claim.

What Beneficiaries Should Expect on Cost

Cost depends mostly on how complex the dispute is and how far it goes. The main drivers are the number of parties, the volume of documents, the discovery needed and whether the matter settles early.

Personal representative compensation follows the statute. An ordinary commission is based on the compensable value of the estate, which is the inventory value of probate assets plus income earned during administration. See Fla. Stat. § 733.617.

The first consultation is free, confidential and carries no obligation to continue. Before you commit to any engagement, ask for a written explanation of what you may owe, including court costs and other fees.

Why Work With Trust Counsel, PL

Trust Counsel, PL is a Florida trusts and estates firm with its only office in Coral Gables. We serve clients across Florida.

The firm’s work covers beneficiaries, heirs and fiduciaries in probate and trust disputes. It also covers advisory work for trustees and personal representatives, estate tax planning, business succession and asset protection.

Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at the firm.

Each matter starts with a written explanation of the dispute. We then set dated next steps, so you know what happens next and when.

Frequently Asked Questions

Talk Through Your Situation With the Coral Gables Office

If a parent’s or relative’s estate is open, a distribution looks wrong, or a notice arrived with unclear dates, you may have a claim worth reviewing. Bring the will or trust, any notices you received and a short timeline to the Coral Gables office. Call (305) 707-7126 or schedule online.