Most Florida estates settle quietly, but disputes do arise, and they become harder when heirs are scattered across different states. Probate litigation covers the contested side of Florida probate: challenges to a will, disagreements over who should serve as personal representative, claims that a fiduciary mismanaged assets, and fights over a surviving spouse’s rights. Our Miami practice represents out-of-state heirs and beneficiaries who need to protect their interests in a Florida proceeding.
Will Contests
A Florida will can be challenged on several grounds, including improper execution, lack of testamentary capacity, undue influence, fraud, or revocation. Florida requires a will to be signed by the testator and witnessed by two witnesses under section 732.502, and a will that fails these formalities can be set aside. Out-of-state family members sometimes discover a last-minute will that diverges from prior plans, which is a common flashpoint for an undue-influence claim.
Elective Share Disputes
Florida protects a surviving spouse through the elective share under section 732.2065 and the surrounding statutes, generally giving the spouse the right to claim 30 percent of the elective estate regardless of what the will says. This often surprises out-of-state families and second-marriage situations. Litigation can arise over what assets are included in the elective estate and how the share is satisfied.
Disputes Among Heirs
When heirs live in different states, distance breeds suspicion. We handle disagreements over accountings, allegations that the personal representative favored one branch of the family, conflicts over selling versus keeping a Miami property, and questions about whether assets were properly valued. Florida courts can compel accountings, surcharge a representative for losses, and remove a fiduciary who breaches duty.
Homestead and Creditor Fights
Florida’s homestead protections create their own litigation. Whether a Miami property qualifies as protected homestead, and who it passes to, can determine whether it reaches the heirs free of creditors or is consumed by claims. These questions turn on constitutional and statutory rules that frequently require a judge’s determination.
Get Florida Litigation Counsel Early
Probate litigation runs on strict deadlines, and the time to object to a will or assert a spousal right can be short. This page offers general information, not advice about your dispute. If you are an out-of-state heir who suspects a problem with a Florida estate, consult a licensed Florida attorney promptly to preserve your rights.
For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.
