Estate litigation in Florida is the formal court process that resolves disagreements among heirs, beneficiaries, and personal representatives during probate. These disputes can involve a contested will, a fight over who inherits when there is no will, accusations of mismanagement against the person running the estate, or claims that a deceased person was unduly pressured into signing documents. In Palm Beach County and across Florida, most of these conflicts are decided in the probate division of the circuit court under the Florida Probate Code (Chapters 731 through 735, Florida Statutes).
I have spent years watching families that seemed close come apart over an estate. Sometimes the money is the problem. More often it is the silence that came before the death, the sense that one sibling was favored, or the suspicion that someone got to a parent during the final months. Whatever the source, Florida law gives heirs real tools to push back, and it sets real limits on how those fights can be waged.
Why Heir Disputes Happen More Often Without a Will
When someone dies without a valid will, they die intestate. Florida’s intestacy statutes (sections 732.101 through 732.111) then decide who inherits, and the order is rigid. A surviving spouse and descendants take first; if there are none, the estate moves out to parents, then siblings, then more distant relatives. The decedent’s actual wishes, however clearly expressed at the dinner table, carry no legal weight once there is no signed, witnessed document to enforce them.
That rigidity is exactly what breeds conflict. Consider a common Palm Beach scenario: a widower dies with three adult children, one of whom moved in and cared for him for the last five years. Under intestacy, all three children inherit equally. The caregiver child feels cheated; the others feel accused. There is no will to point to, so the argument becomes about who did what, who took what, and who deserves what. These are the cases that most often turn into litigation.
Blended families make it worse. Florida’s elective share and homestead rules interact with intestacy in ways that surprise people. A second spouse may have rights that the children from a first marriage never anticipated, and vice versa. If you are sorting out who inherits when there was no estate plan, our overview of Florida probate administration walks through the sequence step by step.
The Most Common Types of Estate Litigation in Florida
Heir disputes tend to fall into a handful of recognizable categories. Knowing which one you are in shapes everything about strategy, evidence, and timing.
- Will contests. A challenge to the validity of the will itself, usually on grounds of lack of capacity, undue influence, fraud, or improper execution under section 732.502.
- Intestate share disputes. Arguments over who qualifies as an heir, often involving questions of paternity, adoption, or a marriage no one knew about.
- Removal of a personal representative. A petition to remove the person administering the estate for misconduct, conflict of interest, or failure to act.
- Breach of fiduciary duty. Claims that the personal representative or a trustee mismanaged assets, self-dealt, or failed to account.
- Creditor and homestead fights. Disputes over which debts must be paid and whether the family home passes free of those debts under Florida’s constitutional homestead protection.
- Accounting objections. Beneficiaries challenging the numbers when the personal representative files the required inventory or accounting.
These categories overlap constantly. A single contested estate might involve a removal petition, an objection to the accounting, and a fraud claim all at once.
Will Contests and the Grounds That Actually Win
People threaten to “contest the will” far more often than they should. A will contest is not a referendum on fairness. The court does not care whether the distribution feels right; it cares whether the document is legally valid. There are essentially four grounds that succeed in Florida.
Lack of testamentary capacity. The person must have understood, at the moment of signing, the nature of making a will, the general extent of their property, and the natural objects of their bounty (typically their family). Capacity is measured at the time of execution, not before and not after. A diagnosis of dementia does not automatically void a will signed during a lucid period.
Undue influence. This is the heart of most contested estates. Florida courts look for a confidential relationship between the decedent and the alleged influencer, combined with active procurement of the will. Classic red flags include the beneficiary arranging the lawyer, driving the decedent to the signing, knowing the contents in advance, and being present when it was signed. When a substantial beneficiary occupies a confidential relationship and is active in procuring the will, Florida law can shift the burden to that person to prove there was no undue influence.
Fraud and improper execution. Fraud covers situations where the decedent was deceived about what they were signing or about facts that drove their decisions. Improper execution means the formalities failed, no two witnesses, for example. Florida is strict here.
The mechanics of a will contest are similar in concept across states, and Morgan Legal’s explanation of is a useful primer on the underlying logic, even though Florida procedure and deadlines differ from New York’s.
Removing a Personal Representative
The personal representative (Florida’s term for an executor or administrator) owes fiduciary duties to every beneficiary. Section 733.504 lists the grounds for removal, which include maladministration, failure to comply with a court order, physical or mental incapacity, and holding interests adverse to the estate. In practice, the petitions I see most often arise from one of these patterns:
- The personal representative stops communicating and refuses to provide an accounting.
- Estate funds are spent on the representative’s own expenses, or assets are sold to friends below value.
- Months pass with no inventory filed and no movement toward distribution.
- The representative is also a creditor or buyer of estate property, creating an open conflict.
Removal is powerful but it is not automatic. Courts are reluctant to displace a representative the decedent chose, so vague frustration is not enough. You need documented breaches. A surcharge action, which seeks to make the representative personally repay losses they caused, often travels alongside a removal petition.
Deadlines That Quietly Decide Cases
Florida probate runs on hard deadlines, and missing one can end a meritorious claim before it is heard. Two are especially dangerous for heirs.
First, once a personal representative serves a formal Notice of Administration, an interested person generally has three months from that service to file objections to the will’s validity, the venue, or the qualifications of the personal representative. Sleep on it and the right is usually gone.
Second, creditors have a defined window to file claims, and the estate has its own deadlines to object. These timing rules under section 733.702 and the related statute of repose can extinguish even valid debts. The lesson cuts both ways: heirs who want to challenge something must move fast, and heirs defending the estate should track every clock.
Because these periods are short and unforgiving, I tell clients not to wait for “the right moment.” The right moment is usually now. If you are unsure where you stand, speak with a probate litigation attorney before a deadline makes the decision for you.
Evidence Wins Estate Litigation, Not Emotion
The hardest conversation I have with new clients is about proof. Everyone arrives certain they are right. Courts decide on records. The evidence that actually moves a Florida probate judge tends to be concrete and contemporaneous.
- Medical records establishing cognitive status around the date the document was signed.
- The drafting attorney’s notes and file, which often reveal who initiated contact and who was in the room.
- Bank and brokerage statements tracing where money actually went.
- Communications, texts, emails, letters, showing intent, pressure, or isolation of the decedent.
- Witness testimony from neutral parties such as caregivers, neighbors, and the signing witnesses.
Notice what is missing from that list: how much someone loved the decedent, or how unfair the result feels. Those things matter to families. They do not, by themselves, win lawsuits.
Resolving Disputes Without a Trial
Most Florida estate disputes settle. Probate courts routinely order mediation, and there are good reasons to embrace it rather than dread it. Litigation is paid for out of the very estate everyone is fighting over, so a protracted war can leave each heir with a smaller share than a sensible settlement would have produced. I have watched estates lose six figures to fees that a half-day mediation could have prevented.
Family settlement agreements are a particularly useful tool. Florida allows beneficiaries to agree among themselves to distribute an estate differently than the will or intestacy statute would dictate, provided everyone with an interest consents. That flexibility lets families craft outcomes a judge could never order, the caregiver child gets the house, the others get the investment accounts, and everyone signs off.
Settlement is not surrender. It is often the most strategic move available, especially once the evidence has been developed and both sides can see how a trial would likely go.
Where the Litigation Actually Happens
Probate and estate litigation in Palm Beach County is handled in the probate division of the Fifteenth Judicial Circuit. The procedural rules come from the Florida Probate Rules and the Florida Rules of Civil Procedure, and the substantive law from the Probate Code. For families with connections to other states, coordination matters; an estate may require ancillary administration in Florida while the main probate proceeds elsewhere. Morgan Legal handles these matters on both coasts, with detailed resources on for out-of-state families and a dedicated for local matters. If your dispute centers on whether a will should have existed at all, our discussion of Florida wills and validity requirements explains what the law demands of a valid document.
A Word on Choosing Your Battles
Not every grievance belongs in court. Before filing, I make clients answer three questions honestly. Do you have admissible evidence, not just a feeling? Is the amount in dispute worth more than the cost and the fractured relationships? And is there a deadline forcing your hand right now? When the answers point toward litigation, Florida law is ready to back you. When they do not, an early, candid negotiation usually serves everyone better, including the memory of the person who died.
Estate disputes are rarely only about money. They are about recognition, about old wounds, about who was there. The law cannot heal those things. What it can do is provide a fair, structured process for dividing what remains, and for holding accountable anyone who tried to take more than their share.
Frequently Asked Questions
How long do I have to contest a will in Florida?
Once a personal representative serves a formal Notice of Administration, an interested person generally has three months from the date of service to file objections to the will’s validity, venue, or the personal representative’s qualifications. This deadline is strict, so it is critical to consult a probate litigation attorney as soon as you receive notice.
What happens to heir disputes when there is no will in Florida?
When someone dies intestate (without a valid will), Florida’s intestacy statutes (sections 732.101 to 732.111) control who inherits, following a fixed order that starts with the surviving spouse and descendants. Disputes typically arise over who qualifies as an heir or over conduct during the decedent’s final years, since the deceased person’s verbal wishes carry no legal weight without a signed document.
Can I have a personal representative removed for mismanaging the estate?
Yes. Under section 733.504, Florida Statutes, a personal representative can be removed for grounds including maladministration, failure to comply with a court order, holding interests adverse to the estate, and incapacity. Removal requires documented breaches rather than general dissatisfaction, and it is often paired with a surcharge action seeking to recover losses the representative caused.
What are the strongest grounds for a will contest in Florida?
The grounds that succeed are lack of testamentary capacity, undue influence, fraud, and improper execution. Undue influence is the most common winning argument and typically requires showing a confidential relationship plus active procurement of the will. Fairness alone is never a valid ground; the question is whether the document is legally valid.
Do most Florida estate disputes go to trial?
No. Most settle, often after court-ordered mediation. Because litigation costs are paid from the estate everyone is fighting over, a negotiated family settlement agreement frequently leaves each heir with more than a drawn-out trial would. Florida allows beneficiaries to agree to distribute an estate differently than the will or statute provides, as long as everyone with an interest consents.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
