Many estates proceed through probate without major disputes. The personal representative gathers assets, pays valid debts, handles required filings, and distributes property under the will or Florida law.
When that process breaks down, probate can become contested. A beneficiary may question whether the will is valid. A personal representative may refuse to provide information. A creditor claim may be disputed. Family members may disagree about who owns certain property or whether estate assets are being handled properly.
Probate litigation is the court process used to resolve those disputes. At Buckman, Buckman & Castellano, P.A., Allie Castellano represents clients in contested probate matters while keeping the legal strategy tied to the family and financial issues at stake.
Common Types of Probate Litigation
Probate litigation can involve the document itself, the estate’s administrators, or the assets being distributed. Common disputes include:
- Will contests involve whether a will is valid under Florida law.
- Breach of fiduciary duty claims against a personal representative, trustee, or other fiduciary.
- Removal of a personal representative when the executor is unfit or acting improperly.
- Asset ownership disputes over whether property belongs to the estate or someone else.
- Creditor claim disputes involve the validity, priority, or amount of a claimed debt.
- Beneficiary disputes over distributions, document interpretation, or estate administration.
- Accounting disputes occur when beneficiaries need information about estate assets, expenses, or transfers.
- Trust disputes, which often run parallel to probate, even when the trust isn’t subject to court supervision
Each type of dispute requires careful legal analysis and a fact-specific approach.
Grounds for Contesting a Will
A will cannot be challenged only because someone dislikes the outcome. Florida law requires a valid legal basis.
A challenge may involve a lack of testamentary capacity. The person signing the will must understand the nature of their property, the people who would normally benefit, and the effect of the document. Dementia, illness, or memory problems do not automatically invalidate a will, but they may become important if they affect capacity at the time of signing.
Another ground is undue influence. This involves pressure or control that interferes with the person’s free decision. Courts may look at the relationship between the parties, who helped arrange the will, who benefited from the change, and whether the person signing was vulnerable.
A will may also be challenged for fraud or improper execution. Fraud can involve deception about the document or its contents. Improper execution focuses on whether Florida’s signing and witness rules were followed.
Time Limits for Probate Litigation
Probate deadlines in Florida are strict. If the deadline passes, the claim may be lost even if the concern is valid.
A will contest must generally be filed within three months of receiving the Notice of Administration. That window is short, especially when family members are still trying to understand what changed.
Creditor claims move quickly, too. Known creditors generally must file within 30 days of receiving notice or within 3 months after the first publication of the Notice to Creditors, whichever is later.
Claims against a personal representative for breach of fiduciary duty depend on the applicable limitations period and the facts of the case. Waiting too long can still create problems, especially if assets have already been distributed or records are harder to obtain.
If something seems wrong with an estate, the timeline should be reviewed early to avoid losing the right to object.
The Probate Litigation Process
Probate litigation usually begins with a petition, objection, or other filing in probate court. Once the issue is raised, interested parties are notified and given a chance to respond.
The next stage often involves gathering records. That may include estate documents, account statements, medical records, property records, communications, and witness testimony. Depositions and written discovery may also be used, depending on the dispute.
Many contested probate cases go through mediation before trial. Mediation gives the parties a chance to resolve the dispute without a final hearing, and Florida courts often require it.
If the case does not resolve, the matter proceeds to a hearing or trial before a probate judge. Probate cases are usually decided by a judge rather than a jury.
Costs of Probate Litigation
Probate litigation can become expensive, especially when the dispute involves complex assets, multiple parties, professional witnesses, depositions, or extended court hearings.
Costs may include attorney fees, court costs, expert fees, record collection, and litigation expenses. In larger or more contested estates, the total cost can become significant.
Florida law may allow certain fees and costs to be paid from estate assets under certain circumstances. A personal representative defending the estate may have the estate pay the fees if the defense is proper. If that fiduciary is found to have acted improperly, they may be responsible for their own costs.
Beneficiaries who bring claims often pay their own fees at the start, though fee recovery may be possible depending on the outcome and the legal basis for the claim.
The cost question should be addressed early, before the dispute becomes larger than the value at stake.
Alternatives to Litigation
Not every probate dispute requires formal litigation.
- Mediation brings parties together with a trained neutral mediator who facilitates discussion and helps identify compromises. Mediation is confidential, flexible, and often faster and cheaper than litigation. Florida courts frequently require mediation before allowing cases to proceed to trial.
- Settlement negotiations between attorneys can resolve disputes without formal mediation. Experienced probate attorneys understand the strengths and weaknesses of various claims and can often negotiate reasonable resolutions.
- Informal family conferences sometimes work when disputes stem from misunderstandings rather than genuine conflicts of interest.
That said, some disputes can’t be resolved without court intervention. When personal representatives refuse to provide accountings, when wills were procured through fraud, or when fiduciaries are misappropriating assets, litigation becomes necessary.
When to Seek Legal Representation
Some probate concerns should be reviewed as soon as they appear. Delays can affect deadlines, evidence, and estate assets.
You should consider speaking with a probate litigation attorney if:
- You receive notice of probate and have concerns about the will’s validity
- A personal representative refuses to provide information or accounting
- You suspect estate assets are being mismanaged or misappropriated
- You are a personal representative facing a dispute or challenge
- A valid creditor claim is being ignored
- You are being pressured to waive rights or sign documents you do not understand
If you find yourself in any of these or similar circumstances, contact Allie Castellano for guidance.
How We Handle Probate Litigation
Probate litigation requires more than filing objections. These disputes often involve money, grief, old family tension, and documents that may be difficult to interpret.
At Buckman, Buckman & Castellano, P.A., each case starts with a review of the estate record, disputed documents, parties involved, and practical value of the claim or defense. Some matters require court action. Others may be better handled through negotiation before costs increase.
We thoroughly gather and analyze evidence, consulting with outside professionals when needed. One of our primary goals is to keep clients informed throughout the process and explain developments clearly.
Clients are kept informed about the strength of the claim, the risks, the likely costs, and the possible paths forward. The goal is to prepare the case properly, whether the best result comes through settlement, mediation, hearing, or trial.
Protecting Your Interests
If you are involved in a probate dispute in Sarasota or the surrounding areas, early legal review can help you understand your options before deadlines pass or estate assets are distributed.
Allie Castellano helps Sarasota families bring and defend probate litigation claims involving contested wills, fiduciary disputes, asset concerns, and beneficiary disagreements.
Contact Buckman, Buckman & Castellano, P.A., to schedule a consultation with Allie Castellano and discuss your probate litigation concerns.
