Florida Probate Attorneys for Contested Estates and Will Disputes

When a Florida estate is in conflict, the probate process stops being a quiet paperwork exercise and becomes a battleground. Siblings disagree over who should serve as personal representative. An heir suspects a last-minute will was signed under pressure. A surviving spouse learns the estate plan tried to cut around the protections Florida law guarantees. Our practice is built around exactly these moments: estates where the people involved do not agree, and where the outcome depends on how well someone understands the Florida Probate Code (Chapters 731 through 735).

Why Contested Estates Are Different

An uncontested probate is largely procedural. A contested estate is adversarial. The same statutes apply, but every step, from validating the will under section 732.502 to the final distribution, can be challenged, objected to, or litigated. Deadlines that are routine in a calm estate become strategic in a disputed one. A creditor claim, an objection to the inventory, a petition to remove a personal representative, or a will contest can each reshape who ultimately inherits. We approach Florida probate with the assumption that disagreement is possible and prepare the file accordingly.

Common Florida Disputes We Handle

Florida sees recurring categories of estate conflict. A will may be challenged for lack of capacity, undue influence, fraud, or improper execution. The validity of a self-proving will turns on whether it was signed by the testator and two witnesses, with a notary, as section 732.502 requires. Surviving spouses frequently invoke the elective share under section 732.2065 and following, which entitles them to 30 percent of the elective estate regardless of what the will says. Florida’s homestead protections under Article X, Section 4 of the state Constitution often override a will entirely, restricting how a primary residence can pass when a spouse or minor child survives. Each of these protections is a frequent source of litigation.

The Tools Behind Florida Estate Plans

Disputes do not only arise from wills. We regularly untangle estates involving revocable trusts under Chapter 736, Lady Bird (enhanced life estate) deeds that attempted to pass real property outside probate, and durable powers of attorney under Chapter 709 that were allegedly misused before death. Understanding how these instruments interact, and where they can be attacked or defended, is central to resolving a contested estate.

A Note on Florida Taxes

One point of relief for Florida families: the state imposes no estate tax and no inheritance tax. Disputes here are about rightful inheritance and proper administration, not state death taxes.

Talk With a Florida Attorney

This site offers general information about Florida probate, not legal advice for your situation. Every estate has its own facts, deadlines, and pressure points. If you are facing a contested estate or anticipate a will dispute, consult a licensed Florida probate attorney who can review your documents and advise you directly.