In short: Most Florida estates pass without a fight. When someone challenges a will or trust, files a disputed creditor claim, or seeks removal of a fiduciary, the matter can become an adversary proceeding under Probate Rule 5.025, with formal service and civil-litigation procedures. Litigation multiplies cost and time, and under § 733.106 the court can decide from whose share of the estate the fees are paid.
Matt describes two kinds of probate. The first rolls through in a few months: Mom planned, the documents are right, and everyone gets along. The second dominates his practice: the high-conflict estate.
What Turns Probate Into Litigation
- A will or trust contest: capacity, undue influence, execution, revocation
- A disputed creditor claim
- A petition to remove the PR or surcharge a fiduciary
- Fights over homestead, the elective share, or what belongs to the estate
- Objections to fees and accountings
Rule 5.025: Adversary Proceedings
Florida Probate Rule 5.025 designates certain proceedings as adversary and allows others to be declared adversary. That changes the game: formal notice, service like a lawsuit, and the civil procedure rules, including discovery. Matt’s warning for consumers and lawyers alike: if you don’t know how 5.025 works, you lose. He also thinks the rules should be modernized, because the probate judge usually needs to see the whole picture. See how Florida probate court works.
Few Lawyers Actually Litigate Probate
Historically, the local estate lawyer handled uncontested administrations and referred fights out. Matt says the number of true probate litigators in Florida is small, while contested cases are growing fast. Probate also has far fewer detailed procedural rules than family or criminal law, which leaves a lot to the judge and the lawyers.
Who Pays
Section 733.106 lets the court award fees from the estate and decide from whose share they come, weighing factors such as the merits and who benefited, without a bad-faith finding. A beneficiary who drives a meritless fight can end up paying for it. See challenging probate fees.
The Human Side
Matt’s longer videos on trauma are some of his most personal. His view, after 25 years: high-conflict probate cases almost always involve unresolved family trauma, and very often alcohol. Probate, he says, is “divorce for dead people.” Judges see it from the first pleadings. Understanding that won’t win a case, but it explains why some estates settle and others don’t, and why mediation sometimes works when nothing else does.
Before You Litigate
- Get the documents: will, trust, accountings, inventory.
- Identify your deadline. Will contests often have 3 months from service of the notice of administration.
- Estimate the cost against what’s at stake.
- Consider mediation early.
Watch: the videos behind this article
When Does Florida Probate Become Contested? Probate Litigation Explained
Why High-Conflict Florida Probate Cases Are Almost Always About Trauma
Florida Probate Judges on High-Conflict Cases | Trauma & Inheritance Disputes
Florida Probate Rule 5.025 Explained: Adversary Proceedings & Probate Litigation
More Short Videos on This Issue
Go Deeper
- How Florida Probate Court Works
- How to Contest a Will in Florida
- How to Challenge Probate Attorney Fees in Florida (§ 733.6175)
- Someone Stealing From an Estate in Florida? How to Find Hidden Assets and Get the Money Back
Frequently Asked Questions
What is an adversary proceeding in Florida probate?
A contested matter, such as a will contest, a proceeding to remove a PR, or a disputed claim, governed by Florida Probate Rule 5.025. It requires formal notice and service, and the civil procedure rules, including discovery, largely apply.
Who pays attorney’s fees in Florida probate litigation?
Under § 733.106, the court may award costs and fees from the estate and may direct from what part of the estate they’re paid, using factors like the merits of each position and who benefited. It doesn’t need to find bad faith.
Why are some probate cases so contentious?
In Matt’s experience, high-conflict estates almost always involve unresolved family history: trauma, estrangement, addiction, and blended families. The death brings it to the surface, and the estate becomes the battlefield.
Should I hire a probate litigator or a probate lawyer?
If there’s a real dispute, a litigator. Many probate lawyers handle uncontested administrations and rarely try cases. A contested estate needs someone who handles discovery, evidentiary hearings, and trials.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, 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.
