Probate

Contested Probate in Florida

When a will is disputed, a personal representative is challenged, or estate administration goes wrong, you need experienced probate litigation counsel.

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Probate Litigation

What Is Contested Probate?

Contested probate is the litigation phase of estate administration, where one or more parties dispute the validity of a will, the appointment or conduct of a personal representative, or the distribution of estate assets.

Common grounds include lack of testamentary capacity, undue influence, fraud, duress, or a mistake in the drafting or execution of the will. Beneficiaries who believe they were improperly excluded, creditors whose claims were denied, and personal representatives defending their conduct all need legal representation in contested proceedings.

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Watch: Florida Contested Probate Explained

Treat It as Litigation

Contested Probate Is Litigation. Treat It That Way.

Many families assume that probate disputes can be resolved through conversation or family agreement. Sometimes they can. But when a formal objection is filed with the probate court, the matter becomes adversarial litigation with rules of procedure, evidentiary standards, and legal deadlines that must be followed precisely.

Missing a deadline to file an objection, failing to conduct proper discovery, or presenting evidence improperly can cost you the case regardless of how strong your underlying claim is.

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Grounds for challenging a will include lack of capacity, undue influence, fraud, and duress

The challenger bears the burden of proving the grounds for the challenge

Interested parties must file formal objections within specific time periods

Personal representatives can be removed for misconduct, incapacity, or conflicts of interest

Mediation is often required before a contested probate case goes to trial in Florida

What We Handle

Contested Probate Representation

Will Challenge Representation

We represent challengers and defenders in will contests based on lack of testamentary capacity, undue influence, fraud, duress, and execution errors.

Personal Representative Disputes

We handle petitions to remove or surcharge personal representatives who have breached their fiduciary duties, as well as defense of personal representatives facing such challenges.

Beneficiary Disputes

When beneficiaries disagree about asset distribution, valuation, or the interpretation of will provisions, we represent individual beneficiaries to protect their interests.

Creditor Claim Litigation

Creditors whose claims are denied by the personal representative can file objections in probate court. We represent both creditors pursuing valid claims and estates objecting to improper ones.

Discovery and Evidence

Contested probate frequently involves medical records, financial documents, communications, and witness testimony. We manage discovery to build a complete evidentiary record.

Mediation and Settlement

Many contested probate cases resolve through mediation before reaching trial. We prepare and represent you in mediation while remaining fully ready to try the case if settlement is not reached.

Natalia Ouellette-Grice, Florida Probate Litigation Attorney

Why LCO Law

Your Case Gets the Attention It Deserves

Contested probate can feel overwhelming, especially when it involves family conflict on top of grief. We assess your position honestly, build a strategy based on the actual evidence, and represent you through every phase from objection through mediation to trial if necessary.

We assess the strength of your position before advising you to pursue litigation
We handle both sides of contested probate, challengers and defenders
We manage the full litigation process from formal objection through mediation and trial
We work efficiently to resolve disputes before costs accumulate unnecessarily
Clear fee structure explained upfront before we begin

Common Questions

Contested Probate FAQ

What are the grounds for contesting a will in Florida?

Florida recognizes several grounds for challenging a will's validity: lack of testamentary capacity (the testator did not understand what they were signing), undue influence (someone exerted improper pressure over the testator), fraud (the testator was deceived about what they were signing), duress (the testator was forced to sign), and improper execution (the will was not signed and witnessed in compliance with Florida law).

How long do I have to contest a will in Florida?

The deadline depends on when and how you were served with notice of the probate proceeding. Generally, interested persons have 90 days from the date of service of the formal notice, or 90 days from the first publication of notice to creditors if they were not formally served. Missing this deadline can permanently bar a challenge.

What happens to the estate while a will contest is pending?

The probate proceeding generally continues during a will contest, but asset distribution to beneficiaries is typically held pending resolution of the dispute. The personal representative continues their administrative duties, and the court may issue orders to protect estate assets during litigation.

Can a personal representative be removed from their role?

Yes. Florida law allows the court to remove a personal representative for cause, including misconduct, incapacity, conflict of interest, failure to comply with court orders, and breach of fiduciary duty. A petition to remove must be filed with the probate court and supported by evidence of the grounds.

Is mediation required before a contested probate case goes to trial?

Florida courts frequently require mediation in contested probate matters before the case proceeds to trial. Mediation is a confidential settlement process where a neutral third party helps the parties reach an agreement. Many contested probate cases resolve through mediation, which is generally faster and less expensive than trial.

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Meet with our team to discuss the facts of your situation, understand your legal options, and find out how we can help protect your interests in the estate.

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