What Are the Steps to Settle Probate Disputes in Court?

• March 18, 2025
• Probate

Probate disputes can be stressful and confusing, especially involving family members or business partners. In Florida, these disputes happen when people disagree over a will, trust, or the handling of an estate.

These conflicts can slow the probate process, create financial problems, and cause family tension. Knowing the steps to settle probate disputes in court can help you protect your rights and find a fair solution.

If you are dealing with a probate dispute, here are the key steps for resolving the matter through the Florida court system.

Step 1: Identify the Cause of the Probate Dispute

Probate disputes happen for different reasons. Some of the most common include:

• Will contests. A family member or interested party may question a will’s validity, claiming fraud, undue influence, or lack of capacity.
• Executor misconduct. The person in charge of the estate must follow the will and act in the best interest of the heirs. If they mismanage assets, heirs may challenge their actions.
• Disagreements over inheritance. Beneficiaries may argue over asset distribution, especially if a will is unclear.
• Creditor claims. Probate includes paying debts, but disputes arise when creditors claim money that heirs believe is not owed.

Understanding the issue helps you figure out the best way to move forward.

Step 2: Follow the Standard Probate Process

Before settling a dispute, the estate must go through the probate process. This includes:

• Opening the estate. Filing paperwork with the probate court to start the process.
• Appointing a personal representative. The court names someone to handle the estate’s affairs.
• Inventorying assets and debts. Listing everything the deceased owned and any money owed.
• Identifying heirs. Finding out who is legally entitled to inherit.
• Notifying interested parties. Letting beneficiaries and creditors know about the probate case.
• Probating the will. If there is a will, the court determines if it is valid.
• Paying debts. Settling valid creditor claims before dividing assets.
• Distributing assets. Giving remaining assets to heirs based on the will or state law.
• Closing the estate. The court finalizes the process, and the personal representative is compensated.

The resolution of disputes that arise during this process must occur before probate can move forward.

Step 3: Mediation or Negotiation

Florida courts encourage people to resolve probate disputes without a trial. Mediation and negotiation allow all parties to discuss the issue, find common ground, and agree on a solution. A mediator, or neutral third party, helps guide the discussion in a fair and productive way.

If both sides reach an agreement, the court can approve it, avoiding the need for a trial. Even if mediation fails, negotiation between probate litigation attorneys can still lead to a resolution without going to court.

Step 4: File a Court Petition

If mediation fails, the next step is taking the case to court. This includes:

• Filing a petition in probate court to explain the dispute;
• Listing all interested parties; and
• Submitting evidence like a contested will, trust documents, or financial records.

An experienced probate lawyer can help complete the paperwork and organize and present your evidence. Once you file the petition, the court sets a hearing to review the case.

Step 5: Attend Court Hearings

The probate judge may hold multiple hearings to resolve the dispute. During these hearings:

• Each side presents arguments and evidence,
• Witnesses may testify,
• The judge reviews legal claims, and
• The court may issue rulings or schedule a trial if necessary.

Having a knowledgeable attorney ensures that your case is well presented.

Step 6: Receive the Judge’s Final Decision

After hearing the case, the probate judge will issue a decision. This ruling may:

• Approve or reject a will,
• Remove or replace an executor,
• Change the distribution of assets, or
• Dismiss claims without merit.

If you win the case, the next steps depend on the ruling. If the judge upholds the will, the estate distributes assets and closes probate. If the executor is replaced, the new representative takes over estate administration. After resolving any disputes, the beneficiaries can receive their rightful inheritance.

If you disagree with the ruling, you may be able to appeal, but appeals require legal grounds and have strict deadlines.

Why Choose BrewerLong for Your Florida Probate Disputes?

Handling a probate dispute can be overwhelming, but you do not have to face it alone. At BrewerLong, we understand Florida probate law and have decades of experience helping clients resolve estate disputes quickly and effectively.

Our firm is known for:

• A client-focused approach. We listen and provide personalized legal strategies.
• Legal knowledge. Our attorneys deeply understand probate law and are familiar with Florida attorneys and courts.
• Strong results. We work hard to reach fair and favorable outcomes through mediation or litigation.

Don’t wait to get legal guidance if you have a probate dispute. Contact BrewerLong today to get the help you need to protect your rights and settle the matter as smoothly as possible.

Michael Long

Michael Long, a distinguished Business and Litigation Attorney at BrewerLong, brings a unique blend of tenacity and insight to his practice, honed from his time as a decorated combat veteran in the Marines. Specializing in complex litigation, Michael adeptly navigates the intricacies of business break-ups, professional liability, and a wide array of disputes encompassing tax, trust, real estate, contract, intellectual property, and loan issues. His expertise extends to business counseling, where he skillfully handles commercial contracts, company creation, intellectual property challenges, and more. Michael’s approach is holistic; he leverages his transactional and litigation experience to foresee and tactically address both immediate and long-term client needs, ensuring practical, cost-effective solutions that maximize benefits while minimizing risks. His commitment to excellence is evident in his affiliations with prestigious organizations like the American Legion, Central Florida Christian Chamber of Commerce, and the Orange County Bar Association, among others. He’s a committed advocate, driven by a passion to deliver results and justice for his clients.

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