Probate litigation is the legal process used to resolve disputes involving a deceased person’s estate, will, trust, beneficiaries, or the administration and distribution of estate assets. In Florida, probate litigation can involve will contests, trust disputes, beneficiary disputes, challenges involving undue influence or improper execution, disagreements concerning a personal representative, and other contested estate matters.
Although people often use the term probate litigation to mean a will contest, a will contest is only one type of probate dispute. Florida probate proceedings can involve many different questions about who is entitled to inherit, how an estate should be administered, whether a particular document is legally valid, and whether someone responsible for managing an estate has properly performed their duties.
For families dealing with an estate dispute in Coral Springs, Fort Lauderdale, Broward County, or elsewhere in South Florida, understanding what probate litigation involves can help clarify when a disagreement requires formal legal action.
What Does Probate Litigation Involve?
Probate litigation can arise whenever interested parties disagree about a legal issue affecting an estate or the rights of people connected to it.
Under Florida Probate Rule 5.025, certain matters are specifically treated as adversary proceedings. These include proceedings to contest the validity of a will, revoke the probate of a will, determine beneficiaries, construe or modify a will, probate a lost or later discovered will, remove or surcharge a personal representative, and determine certain rights relating to an estate. These proceedings are generally handled in a manner similar to civil litigation, with the Florida Rules of Civil Procedure applying as provided by the probate rules.
Common examples of probate litigation include:
Will Contests
A beneficiary or other interested person may dispute whether a will is legally valid.
- Florida law recognizes specific requirements concerning the execution of a will. A challenge can also involve allegations that the will was procured through fraud, duress, mistake, or undue influence, among other potential grounds.
- A will contest is not simply a disagreement with how someone chose to distribute their property. The person challenging the will generally must establish a legally recognized basis for opposing probate or seeking revocation.
- Florida law also establishes specific rules concerning the burdens of proof in will contests. The proponent of a will initially has the burden of establishing prima facie formal execution and attestation. The contestant then has the burden of establishing the grounds on which probate is opposed or revocation is sought.
Disputes Over Undue Influence
- Family members sometimes question whether an elderly, vulnerable, or dependent person was pressured into changing a will or other estate planning document.
- Undue influence can become an important issue in probate litigation, particularly where a person who exercised substantial influence over the decedent also benefited from a change in the estate plan.
- Florida law contains specific rules concerning the presumption of undue influence and the allocation of the burden of proof in certain circumstances.
Disputes Over Beneficiaries
- Sometimes the central question is not whether a will exists, but who is legally entitled to receive property from an estate.
- Florida probate proceedings can address disputes concerning the determination of beneficiaries. Such disputes may arise from conflicting estate planning documents, questions about a beneficiary’s status, or disagreements concerning the interpretation or application of an estate plan.
Disputes Involving a Personal Representative
- A personal representative is responsible for administering a Florida estate according to the law and the requirements of the probate proceeding.
- Litigation may arise when interested persons allege that a personal representative has failed to properly perform those responsibilities. Florida Probate Rule 5.025 specifically identifies proceedings to remove or surcharge a personal representative as adversary proceedings.
Disputes Over the Meaning of a Will
Not every probate dispute involves an allegation that a will is fraudulent or invalid.
- Sometimes the document itself is valid, but the people involved disagree about what a particular provision means or how property should be distributed. Florida probate rules specifically recognize proceedings to construe, reform, or modify a will as adversary proceedings.
Later Discovered or Lost Wills
- Questions can also arise when a will is discovered after another will has already been submitted to probate, or when a person seeks to probate a will that has been lost or destroyed.
- Florida Probate Rule 5.025 specifically identifies proceedings involving lost, destroyed, or later discovered wills as adversary proceedings.
Is Trust Litigation the Same as a Will Contest?
No. Trust litigation is related to probate litigation but involves different legal documents and procedures.
Florida’s Trust Code allows judicial proceedings concerning trusts to address their validity, administration, or distribution. These proceedings can involve determining whether a trust is valid, appointing or removing a trustee, reviewing trustee accounts or fees, determining beneficiaries, interpreting trust provisions, and resolving questions involving the rights and duties of trustees and beneficiaries.
A trust contest can also involve a challenge to the validity or revocation of all or part of a trust. Florida law places the burden of establishing the grounds for invalidity on the person contesting the trust. Special timing rules apply to contests involving revocable trusts.
For that reason, a dispute involving a trust should not automatically be treated as a will contest. The appropriate legal analysis depends on the document involved, the circumstances surrounding it, and the specific issue being disputed.
Can You Contest a Will Before Someone Dies in Florida?
Generally, no.
Florida Statute §732.518 provides that an action contesting the validity of all or part of a will, or contesting its revocation, cannot be commenced before the testator’s death.
This distinction is important. Someone may have serious concerns about how another person is being influenced or about changes being made to an estate plan, but a formal action challenging the validity of a will generally cannot be brought until after the testator has died.
Trust disputes can involve different timing rules, particularly when the trust is revocable.
Does Probate Litigation Always Mean Someone Is Trying to Invalidate a Will?
No.
A probate case can become contested even when nobody is arguing that the entire will should be invalidated.
For example, litigation may concern:
- Who the beneficiaries are
- How a provision of a will should be interpreted
- Whether a later will should be admitted to probate
- Whether a personal representative should be removed
- Whether a personal representative should be held financially responsible for misconduct
- Whether a particular asset belongs in the estate
- How property should be distributed
- Whether someone has been improperly excluded from an inheritance
- Whether a trust is valid or how its provisions should be interpreted
This is why probate litigation is better understood as a broad category of estate related disputes rather than simply another name for a will contest.
What Happens During Probate Litigation?
The procedure depends on the nature of the dispute, but contested probate matters can involve formal pleadings, service of legal documents, discovery, evidence, hearings, depositions, expert testimony, settlement negotiations, and ultimately a ruling by the court.
Florida Probate Rule 5.025 provides that after formal notice in an adversary proceeding, the matter is conducted as nearly as practicable like a civil action, with the Florida Rules of Civil Procedure governing as provided by the rule.
The exact process depends on the dispute. A straightforward disagreement about the interpretation of an estate document may involve very different issues from a contested will proceeding involving allegations of undue influence or fraud.
When Should You Speak With a Probate Litigation Attorney?
It can be important to obtain legal advice before taking action when you believe an estate is being administered improperly or that an estate planning document may not reflect the decedent’s valid wishes.
Situations that may warrant legal review include:
- You believe a will was improperly executed.
- A new will or codicil appeared shortly before someone’s death and you have concerns about the circumstances surrounding it.
- You believe someone exercised undue influence over the person who created the estate plan.
- You believe a beneficiary has been improperly excluded.
- You believe a personal representative is mishandling estate assets.
- Family members disagree about who is entitled to inherit.
- A dispute has developed over the meaning of a will or trust.
- A trust’s validity or administration is being challenged.
- You have received formal legal notice concerning a contested probate proceeding.
Probate disputes can involve strict procedural requirements and deadlines. The appropriate legal strategy depends heavily on the documents involved, the stage of the probate proceeding, and the specific facts of the dispute.
Probate Litigation in Coral Springs, Fort Lauderdale, and South Florida
MyPersonalAttorneys assists clients dealing with estate and probate matters in Coral Springs, Fort Lauderdale, Broward County, and throughout South Florida.
Probate litigation can be particularly difficult when disagreements arise between family members who are already dealing with the loss of someone close to them. A dispute may involve substantial financial interests, but it can also involve questions about the decedent’s wishes, family relationships, and the proper administration of an estate.
Understanding the nature of the dispute is the first step. Whether the issue involves a contested will, beneficiary rights, a trust, a personal representative, or another probate matter, an attorney can review the relevant documents and explain the legal issues involved.
Frequently Asked Questions About Probate Litigation
What is probate litigation?
- Probate litigation is the legal process for resolving contested issues involving an estate, will, beneficiaries, personal representative, or related probate matter. It can include will contests, beneficiary disputes, challenges involving estate administration, and other adversary proceedings.
What is the difference between probate and probate litigation?
- Probate is the legal process through which an estate is administered after someone dies. Probate litigation occurs when a legal dispute arises within or in connection with that process and requires formal resolution.
Is a will contest the same as probate litigation?
- No. A will contest is one type of probate litigation. Probate litigation can also involve beneficiary disputes, personal representative disputes, interpretation of a will, later discovered wills, and other contested estate matters.
Can you challenge a will in Florida?
- Yes, but a will cannot be challenged simply because a beneficiary disagrees with the distribution. A challenge generally requires a legally recognized basis for opposing probate or seeking revocation. Florida law establishes specific rules governing will contests and their burdens of proof.
Can you contest a will before someone dies?
- Generally, no. Florida Statute §732.518 provides that an action contesting the validity or revocation of a will cannot be commenced before the testator’s death.
Can a trust be challenged in Florida?
- Yes. Florida law permits judicial proceedings concerning the validity, administration, and distribution of trusts, including proceedings involving trustees, beneficiaries, and the interpretation of trust provisions.
Do I need a probate litigation attorney?
- If an estate dispute involves a contested will, trust, beneficiary rights, personal representative, or another matter requiring formal litigation, obtaining advice from an attorney experienced in probate disputes can help you understand your legal rights and available options.
Discuss Your Probate Dispute With MyPersonalAttorneys
If you are involved in a contested estate matter in Coral Springs, Fort Lauderdale, or South Florida, MyPersonalAttorneys can review your situation and explain the legal issues that may apply.
Call 954-334-1520 to discuss your probate or estate dispute.
