What Florida Residents Need To Know About Probate Litigation
Last edited:
Jan 30, 2026
Probate litigation occurs when the probate process becomes the subject of disagreement. More specifically, the legal disputes that arise while a court is overseeing the distribution of a deceased person’s estate. Probate with conflict.
Most people expect probate to be paperwork-heavy but orderly. What they don’t expect is tension between siblings, confusion over Florida-specific inheritance rules, or arguments over what someone really meant in their will. Probate litigation is the legal system’s way of stepping in when those disagreements can’t be resolved on their own.
Probate Is the Process. Litigation Is the Dispute.
Why Probate Litigation Happens in Florida (Even in “Simple” Estates)
Probate litigation arises when someone challenges how the process is unfolding. Instead of everything moving forward smoothly, the court is asked to resolve a disagreement—often between people who already know each other very well, sometimes too well.
These disputes can happen early in probate, midway through, or even near the end. Florida probate laws are detailed, and certain rules catch families off guard—especially when planning documents are outdated, unclear, or missing altogether.
Will Contests
One of the most common forms of probate litigation we’ve seen here in Florida involves challenging the validity of a will. Someone may believe the person who signed the will:
Did not have the mental capacity to understand what they were signing
Was pressured or manipulated by someone close to them
Did not follow Florida’s strict signing requirements
Was the victim of fraud or forgery
Florida law is unforgiving when it comes to execution rules. A will must be signed by the testator and two witnesses, all of whom must be present a. If that process wasn’t followed exactly, the will can be invalidated entirely. In Palm Beach County, this often leads to litigation when handwritten or out-of-state wills surface.
Executor or Personal Representative Disputes
In Florida, the executor is called a “personal representative”, who is responsible for managing the estate, which includes handling money, property, and communication with beneficiaries. Litigation can arise if someone believes the executor:
Is mishandling assets
Is delaying the process unnecessarily
Is benefiting personally from the estate
Is failing to provide clear records
Sometimes the issue isn’t wrongdoing—it’s lack of transparency. But even that can lead to court involvement. Even honest mistakes, such as letting a vacant West Palm Beach property go uninsured during hurricane season, can lead to serious legal consequences and court involvement.
Undue Influence and the “Carpenter Factors”
Florida courts use a legal test known as the Carpenter factors to determine whether undue influence may have occurred. They usually look at whether the alleged influencer:
Was present when the will was discussed or signed
For example, sitting in on meetings with the lawyer or being there during the signing.Helped choose or contact the attorney
Such as finding the lawyer, making the appointment, or communicating with the attorney on the person’s behalf.Knew what the will said before it was signed
Especially if other family members did not know what was in it.Gave instructions about how the will should be written
This could include telling the lawyer who should inherit or how assets should be divided.Safeguarded the will after it was signed
Keeping the original document, locking it away, or controlling who had access to it.Isolated the person making the will from others
Limiting contact with family or friends, or controlling transportation, phone calls, or visitors.Benefited substantially from the will
Receiving a much larger share than expected, especially compared to prior estate plans.
Beneficiary Conflicts
Probate litigation often comes down to differing expectations. One person thinks something was promised. Another believes the will says otherwise. Add sentimental items or family history into the mix, and disagreements can escalate quickly.
Example: A family member expects to inherit a condo in West Palm Beach because they lived there for years, but the will leaves the property to multiple heirs. This can lead to disagreements over occupancy, sale, or buyout, which can quickly escalate into litigation.
Florida Homestead Complications
Florida’s homestead laws don’t always follow what a will says. Instead, they act like a structure designed to protect a surviving spouse or minor child from losing their home—even if the person who passed away wanted something different.
For example, if someone tries to leave the family home entirely to an adult child from a prior relationship while a current spouse is still living, Florida law will usually override that plan. Rather than allowing a full transfer, the law typically gives the surviving spouse the right to live in the home for the rest of their life, while the child only receives ownership after the spouse passes.
The result is an arrangement neither side chose. The spouse and child become legally tied to the same property, unable to sell or refinance without the other’s approval. Disagreements often follow over repairs, property taxes, or whether one party should force a sale, making homestead one of the most common sources of probate litigation in Florida.
There’s No Will
When someone dies without a will, state law decides who inherits and how much. Probate litigation can arise when potential heirs disagree about their legal rights or the interpretation of family relationships.
Anyone involved in the estate can be involved in probate litigation. Courts do require “legal standing,” meaning the outcome must directly affect the person bringing the claim.
What Probate Litigation Actually Looks Like
Despite what TV shows can suggest, probate litigation rarely involves dramatic courtroom speeches. Instead, it’s often a slower, more methodical process.
Filing the Dispute
The process usually starts when someone files a formal objection or petition with the probate court, explaining what they’re contesting and why.
Evidence and Information
Relevant documents may be reviewed, such as:
Financial records
Medical records
Emails or letters
Witness statements
This stage is about filling in the gaps—what was known, when, and by whom.
Mediation
Palm Beach County judges typically require mediation before trial. Many probate disputes are resolved here, away from public courtrooms.
Trial
If mediation fails, the case proceeds to trial, where a judge—not a jury—makes the final decision.
And that’s it. There are tweaks depending on what exactly the litigation is about, but that’s the general process.
Why Probate Litigation Is So Stressful — and Why Legal Guidance Matters
Unlike most lawsuits, the people involved in probate litigation often share family ties and long-term relationships. Disputes aren’t just about money—they’re about legacy, fairness, and trust.
An experienced probate litigation attorney helps separate emotion from action. They focus on the facts, the law, and the process—so decisions aren’t driven by frustration, grief, or misunderstandings.
Without a probate litigation attorney, probate disputes can quickly spiral. Litigation may:
Delay distributions to heirs
Increase costs as conflicts drag on
Escalate tension between family members
Turn small disagreements into lasting issues
An attorney’s role is to bring clarity and structure to a situation that often feels anything but clear. They help prevent unnecessary conflict and keep the case moving forward.
The Bigger Picture
Probate litigation exists to provide order when disagreements arise—not to punish families or complicate matters. Courts step in to interpret documents, evaluate evidence, and apply the law when an agreement isn’t possible. But handling that system alone can be confusing and costly.
A probate litigation attorney understands how the court views disputes, how evidence is weighed, and how to present issues efficiently. They help ensure arguments are focused, deadlines are met, and procedural missteps don’t mess up the case.
We hope this article was of use to you. If you have further questions, feel free to contact us for more information!
