Estate litigation in Florida is the formal court process by which heirs, beneficiaries, and creditors resolve disagreements over a deceased person’s estate. Disputes among heirs typically arise during probate and involve challenges to a will’s validity, accusations that a personal representative is mishandling assets, or fights over who is entitled to inherit. In Florida, these matters are governed by the Florida Probate Code (Chapters 731 through 735, Florida Statutes) and are usually heard in the probate division of the circuit court where the decedent lived.
I have sat across the table from siblings who hadn’t spoken in years, and from adult children stunned to learn that a parent’s final will left everything to a caregiver or a new spouse. Most of these cases share a common thread: somewhere along the way, communication broke down and grief turned into suspicion. Understanding how Florida law handles these conflicts is the first step toward resolving them, whether you are defending an estate or contesting one.
Why Heir Disputes Surface During Probate
Probate is the legal mechanism for validating a will, paying debts and taxes, and distributing what remains. It is also, by design, the moment when everyone with a stake in the estate is put on notice. That transparency is a feature, not a bug, but it is also where conflict ignites.
Florida sees more of these disputes than most states for reasons that are almost demographic. We have a large retiree population, a steady stream of blended families and second marriages, significant out-of-state and out-of-country property holdings, and no shortage of late-life caregivers and “new best friends” who appear in the final chapter. Add the value of South Florida real estate, and the stakes climb quickly.
The most common flashpoints I see in practice include:
- A surprise change to the will or trust made shortly before death, often favoring one child or a non-family member.
- An estranged or geographically distant heir who suspects the relative living closest to mom or dad exerted improper influence.
- A personal representative who is also a beneficiary and is perceived to be serving their own interests.
- Ambiguous or contradictory documents — a homemade will, conflicting beneficiary designations, or a trust that doesn’t match the will.
- Missing or unaccounted-for assets, from jewelry and cash to transfers made in the months before death.
Contesting a Will in Florida: The Legal Grounds
A will contest is the most recognizable form of estate litigation, but Florida courts do not entertain them lightly. A valid Florida will is presumed valid. To overturn one, the challenger must prove a specific legal ground by the greater weight of the evidence. Disliking the result, or feeling that the distribution is unfair, is not enough.
Lack of Testamentary Capacity
Under Florida law, a person must be of “sound mind” to make a will. Practically, this means the testator understood, at the time of signing, the nature and extent of their property, the natural objects of their bounty (typically close family), and the practical effect of the will they were executing. Capacity is measured at the moment of execution — a person with dementia can have a lucid interval, and a person who later declines may have been perfectly competent on signing day. Medical records, the testimony of the witnesses, and the drafting attorney’s notes often decide these cases.
Undue Influence
This is the single most litigated ground in Florida probate. Undue influence means someone overcame the testator’s free will and substituted their own. Florida case law, anchored by the long-standing framework from In re Estate of Carpenter, lets a challenger shift the burden of proof by showing three things: the influencer was a substantial beneficiary under the will, occupied a confidential or fiduciary relationship with the decedent, and was active in procuring the will. Courts then weigh factors such as the influencer’s presence at the signing, knowledge of the will’s contents, isolation of the testator, and who selected the attorney. Florida Statute 732.5165 makes any portion of a will procured by fraud, duress, mistake, or undue influence void.
Improper Execution
Florida has strict formalities. Section 732.502 requires that a will be in writing, signed by the testator at the end, and witnessed by two people who sign in the presence of the testator and of each other. A will that fails these formalities can be invalid regardless of how clearly it expresses the decedent’s wishes. Florida does not recognize handwritten (holographic) wills unless they happen to meet all the standard witnessing requirements, and it does not recognize oral wills at all.
Fraud, Duress, and Mistake
Less common but powerful, these grounds cover situations where the testator was deceived about what they were signing, coerced through threats, or mistaken about a material fact. For an in-depth look at how a comparable claim plays out in another jurisdiction, this analysis of illustrates how courts approach similar evidentiary questions.
Disputes Beyond the Will: Fiduciary Litigation
Not every estate fight is a will contest. Many of the most bitter disputes erupt after probate opens, when heirs clash with the person administering the estate — the personal representative (Florida’s term for an executor).
Breach of Fiduciary Duty
A personal representative owes the estate and its beneficiaries duties of loyalty, impartiality, and prudence. Under Florida Statute 733.602, they must administer the estate as a “prudent person” would, settling and distributing it in the best interests of the beneficiaries. When a representative self-deals, favors one heir, lets estate property deteriorate, or pays themselves excessive fees, beneficiaries can sue for breach. Remedies range from surcharge (personal liability for losses) to disgorgement of fees.
Removing a Personal Representative
Florida Statute 733.504 lists the grounds for removal, including mismanagement, failure to comply with court orders, incapacity, conflict of interest, and failure to account. Removal is not automatic, and courts are reluctant to disrupt an administration absent real harm, but a representative who refuses to communicate, stonewalls accountings, or commingles funds is courting removal.
Accounting and Inventory Disputes
One of the most effective tools available to a suspicious heir is simply demanding a proper accounting. The personal representative must file an inventory of estate assets and, ultimately, a detailed accounting. If the numbers don’t add up — assets that vanished, valuations that seem low, distributions that skipped a beneficiary — that document becomes the roadmap for litigation. The challenges that surface during administration mirror the broader pattern described in this overview of the , which is worth reading before you assume your situation is unusual.
The Florida Twist: When Guardianship Becomes Probate
Some of the hardest cases I handle don’t start in probate at all. They begin years earlier, when an aging relative is placed under a guardianship. A guardian appointed under Chapter 744 of the Florida Statutes controls the ward’s finances and care while the ward is alive. When that person dies, the guardianship winds down and the estate moves into probate — and the family members who fought over the guardianship rarely stop fighting.
The transition is treacherous because decisions made during the guardianship directly shape the estate that follows. Did the guardian sell the family home? Were assets moved into accounts that bypass the will? Did a court-supervised guardian approve gifts or transfers that now look like a depleted inheritance? Heirs who felt sidelined during the guardianship often arrive at probate primed for a fight, and the guardianship court file becomes critical evidence. Anyone navigating this particular handoff should treat the final guardianship accounting and the opening of the estate as one continuous battle, not two separate ones. If you are early in that process, our Florida probate overview explains how administration begins.
How Florida Estate Litigation Actually Unfolds
Litigants are often surprised that probate disputes look much like any other civil lawsuit. The general arc:
- Petition and notice. Probate opens; interested persons receive formal notice and a deadline to object.
- Filing the challenge. A will contest or removal petition must be filed timely — frequently within 90 days of receiving the Notice of Administration, so deadlines are unforgiving.
- Discovery. Depositions, medical records, financial statements, and the drafting attorney’s file are exchanged. This phase usually makes or breaks a case.
- Mediation. Florida courts routinely order mediation, and the large majority of estate disputes settle here rather than at trial.
- Trial. If mediation fails, a judge (rarely a jury, in probate) decides the matter.
A practical caution on cost: estate litigation is expensive, and fees can be paid from the estate itself, which means a protracted fight can shrink the very inheritance everyone is battling over. I tell clients to weigh the principle against the math early and often.
Protecting Yourself Before a Dispute Starts
The cleanest estate litigation is the kind that never happens. Clear, properly executed documents, an independent professional fiduciary in high-conflict families, contemporaneous capacity documentation when a will is changed late in life, and honest conversations with adult children all dramatically reduce the odds of a courthouse showdown. Where significant assets or a blended family are involved, coordinating your will and overall estate plan with a Florida attorney is the highest-return decision you can make.
Estate disputes are rarely just about money. They are about being seen, being treated fairly, and honoring what a parent or spouse truly wanted. Florida law gives both sides a structured path to the truth — but the path is technical, the deadlines are strict, and the stakes are personal. If you believe a will or trust does not reflect a loved one’s genuine wishes, or you are a personal representative facing accusations, get experienced counsel involved early. Morgan Legal’s team handles these matters across and beyond, and you can reach our office to discuss your situation confidentially.
Frequently Asked Questions
How long do I have to contest a will in Florida?
Florida deadlines are short and strict. An interested person who receives a Notice of Administration generally has 90 days from the date of service to file an objection challenging the will’s validity (or 20 days if served with a formal Notice of Administration after the will is admitted). Missing the deadline usually bars the claim entirely, so contact a probate attorney immediately if you suspect a problem.
What is the most common ground for challenging a will in Florida?
Undue influence is the most frequently litigated ground. Under Florida law and the framework from In re Estate of Carpenter, a challenger can shift the burden of proof by showing the influencer was a substantial beneficiary, had a confidential relationship with the decedent, and was active in procuring the will. Florida Statute 732.5165 voids any part of a will procured by undue influence, fraud, duress, or mistake.
Can I have a personal representative removed for mismanaging the estate?
Yes. Florida Statute 733.504 allows removal for grounds including mismanagement, conflict of interest, failure to account, incapacity, or failure to comply with court orders. Beneficiaries can also sue for breach of fiduciary duty under Section 733.602 and seek surcharge or return of improper fees. Demanding a formal accounting is often the first effective step.
Who pays for estate litigation in Florida?
It depends. Each side typically advances its own attorney’s fees, but Florida law allows courts to order fees paid from the estate in certain circumstances, particularly where litigation benefits the estate. Because prolonged disputes can deplete the inheritance everyone is fighting over, most parties resolve their differences at court-ordered mediation rather than at trial.
What happens when a guardianship ends and the estate goes to probate?
When a ward under a Chapter 744 guardianship dies, the guardianship winds down and the estate proceeds to probate. Decisions the guardian made — selling property, transferring accounts, approving gifts — directly affect the estate that heirs inherit. The final guardianship accounting often becomes key evidence in any probate dispute, so the two proceedings should be treated as one connected matter.
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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 .
