Getting through probate litigation

Probate litigation occurs when an individual or entity submits a claim or dispute over an estate while it is being probated. The probate process in itself can be complex and drawn out, and unfortunately, when an issue arises, it only serves to further complicate things.
Probate litigation requires an in-depth understanding of probate and estate law in order to resolve disputes in an efficient manner. Our probate litigation attorneys at Miami Lawyers Near Me have the knowledge and experience needed to handle probate disputes and make sure your interests are secured.

probate litigation

Solutions for a complicated process


Probate litigation is essentially a means to correct a wrong contained within a decedent's will, the distribution of a decedent's assets, or in an order given by the probate court. Our probate litigation attorneys understand the financial and personal stakes involved in probate disputes which is why we are fully dedicated to pursuing any necessary remedial action. Our foremost priority is to protect your rights and ensure that the probate procedure is properly carried out.


Probate proceedings are known for becoming costly and time consuming, even more so when disputes are involved. However, our attorneys know how to handle probate matters. We work to mitigate any issue that may come up during probate with the utmost efficiency. Our attorneys have years of experience with probate litigation and can facilitate the process to ensure a timely resolution. Ultimately, our goal is to bring any probate dispute to a successful conclusion.


Probate litigation is one of the most complex areas of the law. At the core of probate litigation lies the challenge of disputing the contents of a decedent's last will and testament or the court's administration of it. The adversarial nature of this legal area requires a certain level of expertise. With our attorneys, you can rest assured that your case is in good hands. We have extensive experience in probate law as well as trial procedures and will seek out the best solution for the dispute at hand.

Miami Lawyers Near Me handles probate litigation throughout the Miami area and can help secure a successful outcome with regards to your probate dispute. Our attorneys have knowledge and experience in all areas of probate litigation including issues with intestate succession, will contests, lack of testamentary capacity, undue influence, and breach of fiduciary duties among others. With the right attorney, any probate dispute you may have can be successfully resolved.
If you are currently facing probate and have questions regarding the proceedings, we invite you to reach out to our law offices, Miami Lawyers Near Me. Our team of qualified probate litigation attorneys will be able to answer any questions or concerns you may have about the probate process. We can assess the specific circumstances of your case and determine what course to pursue. Our priority is to protect your rights and secure a favorable outcome for your probate dispute.

probate litigation


Most frequent questions and answers
Probate refers to the legal proceedings used to oversee the distribution of a decedent’s estate. The purpose of probate is to ensure that the decedent’s finances, assets, and properties are conferred upon the intended beneficiaries. This is done in accordance with the last will and testament. However, if there is no will, probate courts will divide the estate among the decedent’s closest living relatives, usually beginning with their spouse and children.
A will contests is the most common issue that arises during probate. A will contest involves putting forth a formal claim that calls into question the validity of the will. What this means is that the party contesting the will has reason to believe that a part or the entirety of the will does not, in fact, reflect the decedent’s actual intentions with regards to the distribution of their estate. Some grounds for a will contest can include lack of testamentary capacity, undue influence, or fraud.
When it comes to the length of probate proceedings, there are a number of factors to consider such as the size of a decedent’s estate and the number of assets they owned. However, in Florida, a formal probate administration can take anywhere between 6-9 months. Should there be a will contest or another kind of dispute during probate that requires litigation, the process can take much longer. There is no prescribed timeframe for a probate lawsuit as every case is different.
There are a number of issues that may arise during probate proceedings, especially if the estate being probated is a large one. However, when it comes down to actually filing a formal claim against some aspect of the will or the administration of its contents, the most common grounds for doing so include:
  • contested will
  • contested guardianship
  • determination of heirs and testacy
  • breach of fiduciary duty