What is probate litigation in Florida?

July 23, 2026 – Daniel A. Seigel

Probate litigation is the court process used to address disputes involving a decedent’s estate, will, trust, beneficiaries, or fiduciaries. These cases are typically heard in the circuit court, which oversees the probate estate and related disputes. To initiate a probate litigation dispute, an interested party must file a formal petition or objection. These disputes may involve the validity of a will, the conduct of a personal representative, the handling of estate assets, or disagreements between interested parties during probate proceedings. Probate litigation may also involve issues concerning real property and often requires distinguishing between assets that are part of the probate estate and those held in trust. Florida law imposes a strict three-month deadline for many creditor claims after notice is published. Florida probate matters are governed by the Florida Probate Code in Chapters 731 through 735.