Why Your “Quick” Florida Probate Just Turned Into a Yearlong Ordeal

Nobody expects probate to be quick, exactly, but most families assume it will move along in a predictable, orderly fashion. Then a dispute pops up. Suddenly the timeline everyone was counting on stretches out, and nobody seems to know when it will actually end. If that sounds familiar, you are not alone. Probate litigation is one of the biggest reasons an estate that should have closed in a few months can drag on for a year or longer.

Probate Already Takes Time. Litigation Adds More.

A straightforward, uncontested probate case can often be resolved in a matter of months. But the moment someone challenges the will, questions the personal representative’s conduct, or raises concerns about how assets are being handled, the process shifts. Instead of simply following a checklist, the court now has to resolve a genuine dispute, and that takes discovery, hearings, and sometimes a full trial.

Common Disputes That Slow Things Down

So what kinds of disagreements tend to cause the biggest delays? A few show up again and again in Florida probate courts:

• Challenges to the validity of a will, often based on claims of undue influence or lack of capacity
• Disputes over whether the personal representative is properly managing or distributing estate assets
• Disagreements between beneficiaries about how property should be divided
• Questions about whether interested parties received proper notice of the proceedings

Any one of these can pause distributions while the court sorts out what actually happened.

How Long Can This Really Drag On?

Here is something many families do not realize. Florida law puts a strict clock on some of these disputes. Under Florida Statute Section 733.212, once a personal representative serves a formal notice of administration, an interested person generally has only three months to object to the validity of the will, or those objections are forever barred. That deadline can only be extended in very narrow circumstances. Miss it, and the door closes.

But meeting a deadline to file an objection is different from resolving the dispute itself. Once litigation is underway, how long should you expect it to take? A contested matter with multiple parties, expert witnesses, and appeals can realistically take a year or more before it is fully resolved. Every additional layer of conflict tends to add more time to an already lengthy process.

Reach Out to Us Today for Guidance

If your family’s probate matter has turned contentious, waiting it out without guidance is rarely the best approach. Our Fort Lauderdale probate litigation attorneys can help you move a dispute toward resolution as efficiently as the circumstances allow. Don’t hesitate to contact our team at the office of Edward J. Jennings, P.A. to discuss next steps.

Source:

flsenate.gov/Laws/Statutes/2025/733.212