Fort Lauderdale Probate Litigation: What to Expect from Start to Finish
If you are caught up in a probate dispute in Fort Lauderdale, you are probably feeling a mix of grief, frustration, and confusion all at once. Probate litigation is not something most people plan for, and the process can feel overwhelming if you do not know what is coming. Here is a plain-language look at how it typically unfolds.
How Does the Probate Process Get Started?
Everything begins when someone files a Petition for Administration with the circuit court in the county where the deceased person lived. Under Florida Statute Section 733.202, if there is a will, it must be filed with the court within 10 days of the person’s death. From there, the court appoints a personal representative to manage the estate, and that person receives something called Letters of Administration, which gives them the legal authority to act on behalf of the estate.
Once the personal representative is in place, they have a lot to do. They need to inventory assets, notify creditors, pay valid debts and taxes, and eventually distribute what is left to the beneficiaries. A straightforward formal administration in Florida usually takes six to nine months, in part because the three-month creditor claim period cannot be shortened. If disputes come up along the way, that timeline can stretch considerably.
So when does it turn into litigation? Probate litigation happens when interested parties disagree about something significant, whether that is the validity of the will, how the personal representative is handling the estate, or how assets should be distributed. These disputes get filed and litigated right inside the existing probate case, and the Florida Rules of Civil Procedure apply just like they would in any other lawsuit.
What Happens During Probate Litigation?
Once a dispute is formally raised, the case moves through several stages that will feel familiar if you have ever been involved in civil litigation. Here is a general picture of what to expect:
- Petition or complaint filed. The challenging party files a written document laying out their claim and what they are asking the court to do. All interested parties must be formally served.
- Discovery. Both sides exchange information. This can include document requests, depositions, and in some cases, expert testimony, particularly in disputes involving mental capacity or undue influence.
- Pretrial motions. Before the case ever reaches a judge, attorneys often file motions addressing issues like standing, evidence, or whether certain claims should be dismissed early.
- Mediation. Many probate disputes in Florida are resolved through mediation, which gives the parties a chance to reach an agreement outside of a courtroom. This is often faster and less expensive than going to trial.
- Trial. If mediation does not work, the case goes before a judge. The court will decide the disputed issues, whether that means ruling on the validity of a will, addressing a personal representative’s conduct, or sorting out the correct distribution of assets.
- Appeal. If a party believes the trial court got it wrong, they may have the option to take the case to a Florida district court of appeal.
It is worth noting that more complex estates, or those involving litigation, can take a year or longer to resolve. Patience is part of the process.
Reach Out to Us for Help
Probate litigation is serious, and the stakes can be significant, both financially and emotionally. Knowing the general roadmap helps, but every case has its own details and complications that can change things dramatically. If you are involved in or anticipating a probate dispute in the Fort Lauderdale area, reaching out to Fort Lauderdale probate litigation lawyers sooner rather than later can make a real difference. At Edward J. Jennings, P.A., we are ready to walk through your situation with you and help you figure out your next steps. Call us at 954-764-4330 or fill out the online form to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2021/0733.202
