One of the major functions of estate planning is to ensure that, after your death, your property will be divided among your loved ones according to your wishes. A second, complementary function of a well-designed estate plan is to provide those you leave behind with detailed instructions to facilitate the administration of your estate. In the absence of clear, precise instructions, it is easy for probate disputes to arise as your loved ones attempt to discern your intentions from documents that use ambiguous language or leave some of your assets out of account. At Loughlin Law, P.A., we have served Florida residents since 2018 in developing comprehensive estate plans that help to avoid probate disputes by creating documents whose detail and precision provide a roadmap for personal representatives to follow through the probate process. Call 561-677-9265 or book a virtual consultation today.
What Is a Probate Dispute?
Probate disputes fall into two main categories: disputes over a deceased person’s Last Will and Testament (Will), the correct interpretation of its terms, and disputes over who is entitled to what based on the terms set out in the Will, subject to any other applicable legal considerations. Many of these “other considerations” involve the rights of creditors and the proper designation of property as exempt vs. non-exempt under Florida probate law. Disputes over the Will itself may come in the form of challenges to the legitimacy of the Will as a document, or they may instead consist of disagreements over the way the estate’s personal representative (known in some states as the executor) is carrying out their duties in the administration of the estate.
Summary of Avoiding Probate Disputes With Personal Representatives or Beneficiaries
Clear, detailed estate planning documents reduce the risk of probate disputes in Florida by minimizing ambiguity and clarifying a testator’s intent.
- Probate disputes often involve challenges to the validity or interpretation of a Last Will and Testament, disagreements over creditor claims, exempt versus non-exempt property, or conflicts regarding a personal representative’s administration of the estate under Fla. Stat. §§ 733.212, 733.2123, 733.109, and 733.615.
- Individuals may contest a Will only under specific statutory conditions, including time limitations tied to Notice of Administration and standing requirements that generally apply to those who would inherit if the contested Will did not exist.
- Disputes between joint personal representatives, particularly in estates with older Wills executed before 1987, may require unanimous action, while more recent estates typically allow majority decision-making, increasing the importance of precise drafting to avoid deadlock.
Loughlin Law, P.A. serves Florida residents in estate planning and probate matters, including clients in Boca Raton and throughout the surrounding communities.
Differences Between Formal Probate and the Administration of Estates
In the strictest sense, probate refers to the process of having the validity of a Will confirmed by a court and then carrying out the administration of the deceased person’s estate in accordance with the testator’s wishes as expressed in that Will. However, some individuals obviously die without leaving behind a Last Will and Testament (a circumstance known as dying intestate), or their Will may be declared invalid by the Probate Court. In these situations, the estate is closed out through the process of intestate succession, in which a representative appointed by the court pays all eligible debts of the estate, distributes any remaining assets according to Florida’s intestacy laws, and fulfills such obligations as the filing of the decedent’s final income tax returns.
Disputes Across Types of Estate Administration
Based on this technical distinction, a probate dispute can formally apply only when there is a Will and its validity or the fulfillment of its terms has come into question. In more casual usage, however, it is very common, especially among people who are not themselves personally involved in the practice of probate law, to refer to any process of estate administration as probate. For this reason, it may be helpful to understand the slightly different set of disagreements and legal challenges that may arise in formal probate vs. intestate succession, or in the simplified procedure known in Florida as summary administration.
Importance of Preparing a Will
Notably, drafting a Will is a first step toward avoiding probate disputes in this larger sense. Simply creating a Will, however, is not a sure guarantee against probate disputes when the time comes to dispose of the testator’s property. Even a valid Will that includes imprecise language, or that contains outdated provisions that in practical terms can no longer be strictly applied (such as the disposition of property no longer included in the estate, or the distribution of property to beneficiaries who have predeceased the testator), can be a source of confusion and therefore of probate disputes.
Can a Will Be Contested After It Has Been Probated in Florida?
Wills can be challenged after their admission to probate in Florida only by certain people under certain conditions. For individuals wondering whether they can initiate legal proceedings to resolve a probate dispute after the Will has already been validated and the probate process begun, the answer is not as simple as a plain yes or no; instead, the answer in a given case will depend on the statutorily defined factors present in each situation.
Persons Notified Prior to Issuance of Letters
One of the key sections of Florida law limiting who may legally contest a Will, and when, is Fla. Stat. § 733.2123, which provides that the person who petitions the court to initiate probate proceedings “may” serve Notice of Administration on interested parties. The persons upon whom such notice is served, as well as any who have already waived their right to formal Notice of Administration, are barred from contesting the Will once the Court has issued Letters of Testamentary to the personal representative.
Persons Notified After Issuance of Letters
Once letters have been issued, the personal representative is legally obligated to serve Notice of Administration upon any of the following persons who have neither filed a waiver of service nor been served already under § 733.2123:
- Beneficiaries named in the Will
- The surviving spouse of the deceased individual
- Certain trustees who are also co-executors (joint personal representatives) of the estate
- Anyone not already listed who may have a claim to property that is exempt from probate under Florida law
The same section of the Probate Code, Fla. Stat. § 733.212, that entitles these persons to formal Notice of Administration, also sets limits, mainly by time, on their right to contest the validity of the proceedings.
Challenges to the Will During Probate
Anyone not precluded from contesting probate proceedings under either 733.2123 (Notice of Administration before issuance of letters) or 733.212 (Notice of Administration after issuance of letters), who has the legal standing to challenge the Will in a particular case, may petition the Court with jurisdiction over the decedent’s estate for revocation of probate at any point up until the personal representative is discharged of their responsibility with the final closing of the estate. Generally, the set of persons who have the legal right to challenge a Will is those who would be entitled to some portion of the decedent’s estate if the Will they are contesting did not exist.
Disinherited relatives are obviously the most dramatic example in this category, but because Fla. Stat. § 733.109 specifically includes beneficiaries named in a prior Will among those eligible to file for revocation of probate, the list is not necessarily exclusive to members of the decedent’s family. One of the benefits a Last Will and Testament has over relying on intestate succession is that the Will allows its testator to exercise considerably more control over the range of individuals and organizations who receive a portion of the estate, so probate disputes over the legitimacy of a Will sometimes come from individuals who were named as beneficiaries in prior Wills but who do not appear in the Will currently under probate.
What Happens If There Is a Dispute Between Personal Representatives?
Florida probate law allows testators to nominate more than one person as the personal representative of their estates. In fact, naming two or more “co-executors” is a relatively common choice in Florida estate planning, for a variety of reasons. Some of the reasons we hear most frequently at Loughlin Law, P.A. are a desire to prevent the responsibility for estate administration from falling too heavily on a single loved one or to divide administrative tasks between trusted individuals according to their distinct skill sets.
Most of the time, joint personal representatives are able to work well together and share their responsibilities in a harmonious relationship. Occasionally, however, disagreements do arise. These may be particularly common in situations where the text of the Will as written is vague or ambiguous, leaving room for competing interpretations of the testator’s wishes. Even with the most sincere goodwill, personal representatives in this circumstance can find themselves locked in intractable probate disputes, each believing they are upholding their fiduciary duty to carry out the terms of a valid Last Will and Testament.
Requirements Under Florida Law
The primary portion of the Florida Probate Code establishing how joint personal representatives are to share their responsibilities, particularly when there are any decisions to be made in the administration of the estate, is Fla. Stat. § 733.615. Under this statute, the determination of whether actions by personal representatives of a decedent’s estate must be unanimous vs. by majority is determined by the date when the Will was executed, or when an intestate death occurred.
The key “watershed” date falls in 1987, so most intestate successions that would have been governed by the older requirements requiring unanimity will long since have been completed. The execution date of a Will counts from when the testator creates it in fulfillment of the validity requirements set out in Florida law, so unanimous agreement may still be required for Florida Wills that have not been updated in the intervening decades. For more recently executed Wills, and for intestate succession in the estates of any individuals who passed away after the beginning of October 1987, only a majority of the personal representatives must agree on the handling of the matter in order to resolve a probate dispute.
Complications in Probate Disputes Between Joint Personal Representatives
When there is an even number of personal representatives, action by a majority vote can obviously pose additional challenges. The greatest risk of deadlock rests in situations where there are exactly two joint personal representatives, since full agreement and total impasse are the only two options for a probate dispute when each personal representative’s voice carries 50% of the total weight.
Sometimes, the probate attorney with whom personal representatives are required to work in most Florida probate cases may be able to provide professional guidance on the standard legal interpretation of ambiguous provisions in a Last Will and Testament; at other times, however, it may be necessary to seek adjudication from the Probate Court. This process inherently stretches the timeline for probate, and in especially complex probate disputes, can even end in the dismissal of one or more of the personal representatives, further complicating a process many families already find challenging.
Clear Estate Planning
One of the enduring frustrations we see in the families who visit our office is that many of the probate disputes that prompt them to seek help could have been avoided with clearer instructions in the estate plan that the personal representative is trying to follow. Not only do detailed instructions help the person or persons appointed to carry out the administration of an estate to locate key assets, identify creditors, and ensure the orderly transfer of property to designated beneficiaries, but they also provide a roadmap that individuals other than the personal representative can see for themselves once the Will is admitted to probate. Many probate disputes stem from ambiguities in the language of the Will itself. Precise, thorough instructions can prevent many disputes by removing opportunities for misunderstanding.
Let Us Help You Meet Your Estate Planning Goals
Most individuals who set out to prepare their estate plans do so at least partly to save their loved ones time and stress during the probate process. Probate disputes obviously undermine these admirable intentions and all the hard work you put into your preparations. One of the most important things you can do to prevent these probate disputes from arising is to leave clear, detailed instructions for the handling of each asset and the exact manner in which you want your property to be distributed to beneficiaries. At Loughlin Law, P.A., we take pride in helping Florida residents devise estate plans that address their personal goals and priorities. Book a consultation in-person at our Boca Raton office by calling 561-677-9265, or visit our scheduling page to set up a virtual estate planning session.
Helpful Frequently Asked Questions About Probate Disputes
The following FAQs and answers can help clarify confusion about probate disputes, contested wills, and other Florida probate issues.
What Is A Probate Dispute In Florida?
A probate dispute in Florida involves a disagreement related to the validity, interpretation, or administration of a Last Will and Testament. These disputes may concern creditor claims, asset classification, beneficiary rights, or the conduct of a personal representative during estate administration.
Can A Will Be Contested After It Is Admitted To Probate?
Florida law permits certain individuals to challenge a Will after it has been admitted to probate, but only under specific statutory conditions. Time limits and notice requirements under Fla. Stat. §§ 733.212 and 733.2123 often determine whether a challenge remains legally viable.
Who Has Legal Standing To Contest A Will?
Generally, individuals who would inherit if the contested Will did not exist may have standing to file a challenge. This group can include disinherited relatives and beneficiaries named in a prior Will, as recognized under Fla. Stat. § 733.109.
What Happens If Someone Dies Without A Will In Florida?
When an individual dies intestate, Florida’s intestacy laws govern the distribution of assets. A court-appointed representative pays valid debts, files required tax returns, and distributes remaining property according to statutory guidelines rather than personal instructions.
How Do Joint Personal Representatives Make Decisions?
Florida law, including Fla. Stat. § 733.615, outlines how joint personal representatives share authority. For estates involving Wills executed after October 1987 or more recent intestate estates, a majority decision typically controls, while older Wills may require unanimous agreement.
How Can Clear Estate Planning Documents Help Prevent Disputes?
Detailed and precise estate planning documents clarify asset distribution, creditor identification, fiduciary duties, and beneficiary designations. Clear drafting reduces misunderstandings, limits competing interpretations, and provides a structured roadmap for probate administration.
How Can Loughlin Law, P.A. Assist With Probate Disputes Or Estate Planning?
Attorneys at Loughlin Law, P.A. work with Florida residents to draft comprehensive estate plans and address probate disputes when they arise. Consider visiting with an experienced attorney at Loughlin Law, P.A. to learn more about available legal options related to estate planning and probate administration.
