In short: In Klein v. Trusty (Fla. 3d DCA 2013), a self-represented litigant appealed an order in a long-running Miami-Dade estate case against the estate’s curator. The Third District affirmed without opinion on March 27, 2013. Probate courts hold pro se litigants to the same rules as lawyers, and sanctions are available against parties who litigate improperly.
Some families fight over an estate for a decade. Some of them do it without a lawyer.
The Case
The appellant, representing herself, appealed an order in a long-running Miami-Dade estate case (No. 3D11-3011). The appellee was the curator of the estate, a temporary fiduciary appointed to protect estate property. According to the oral argument description, the appeal concerned sanctions imposed in the course of that litigation; that hasn’t been confirmed from the court record.
The Result
The Third District affirmed without opinion on March 27, 2013. A per curiam affirmance (PCA) means the appellate court agreed with the result below without writing an opinion. It sets no precedent, and because there is no opinion, the Florida Supreme Court generally can’t review it. The issues described here are the ones argued; the court didn’t say which arguments it accepted.
What Pro Se Parties Face in Probate
- Same rules: Florida courts hold self-represented litigants to the same procedural and evidentiary rules as lawyers.
- Formal rules apply: contested probate matters become adversary proceedings governed largely by the civil rules (Fla. Prob. R. 5.025).
- Sanctions: courts can award fees against parties who file unsupported claims (§ 57.105) and can restrict abusive filings.
- Curators: when an estate’s assets are at risk, the court may appoint a curator (§ 733.501) to protect them until a personal representative is in place.
Lessons
- If the case is going on for years, the cost of a lawyer is usually smaller than the cost of losing procedurally.
- At minimum, get a consultation on deadlines and the standard for any sanctions motion.
- Keep filings short, factual, and tied to a rule or statute.
Source: Klein v. Trusty, No. 3D11-3011 (Fla. 3d DCA Mar. 27, 2013).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. The court affirmed without a written opinion, so nothing said at argument should be read as the court’s reasoning.
Pro Se Appeals Sanctions in Estate Case | Klein v Trusty 3DCA
Go Deeper
Frequently Asked Questions
Can I represent myself in Florida probate court?
An individual can represent their own interests, but a personal representative generally must have a lawyer (Rule 5.030). Pro se parties must follow the same rules.
What is a curator in Florida probate?
A temporary fiduciary appointed under § 733.501 to protect estate property until a personal representative is appointed or when needed.
Can a pro se litigant be sanctioned?
Yes. Courts can award fees under § 57.105 and restrict abusive filings.
What happened in Klein v. Trusty?
The Third District affirmed without opinion in 2013.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
