Call for a Consultation
(352) 559-9828
You may have been told you need to talk to a probate lawyer, or maybe you have received probate litigation paperwork. But what does probate mean? Here are seven common types of probate litigation in Florida, along with summaries of what they mean, and when you might consider using them. Understanding these types of probate-specific litigation can help you know when to contact a lawyer to administer your loved one’s estate or address other probate issues that may arise.
The most common type of probate litigation is estate administration. This is a type of probate case that is filed after a person passes away, allowing the probate court to oversee the distribution of their assets, settle their debts, and honor their last wishes. However, there are different types of probate estate litigation that you may need, depending on the size of your estate and other factors.
Formal Administration is the most common type of probate litigation. It applies to any person who died less than two years prior to filing whose non-exempt estate exceeds $75,000. For the purposes of estate administration, exemptions for homestead property and certain vehicles are in place, among a few other exemptions, to keep their value from being added to the total value of the estate.
Also known as “formal probate” this case asks the probate court to validate a person’s Last Will and Testament, and appoint a personal representative (formerly called the executor) to administer the estate of the deceased person according to its terms. Formal administration oversees the collection, identification, valuation, and distribution of the deceased’s assets, along with the satisfaction of any final debts. The personal representative will also file a final tax return on behalf of the estate and pay any outstanding expenses related to the deceased’s final illness, funeral, or burial.
Formal administration can also be used in cases where the deceased dies without a Will. In that case, the personal representative will be responsible for identifying the deceased’s next of kin and dividing their assets according to Florida intestate succession laws.
Summary Administration is another type of probate litigation used to resolve estates totaling less than $75,000 in non-exempt assets, or in cases where the deceased has been dead for more than two years prior to filing. Unlike in Formal Administration, there is no personal representative named in Summary Administration. Instead, the people bringing the case (the petitioners) are required to submit a petition to the probate court directing how the assets will be divided according to the Will or intestate laws directly.
This type of probate litigation is faster, cheaper, and less complicated than Formal Administration, but it also does not give the deceased’s loved ones as much power to deal with their assets. Because there is no personal representative, it can sometimes be harder for the deceased’s loved ones to get access to their records and their assets from banks, financial advisors, and insurance providers.
In very rare cases, an estate can be distributed without any probate litigation at all. This option is only available if:
Sometimes, a person may die in another state while holding property in Florida. When that happens, a Florida ancillary administration must be opened to transfer ownership of the Florida property to the intended beneficiaries. This is generally in addition to a Formal Administration (or its equivalent) in another state or country where the person lived when they died (called the domiciliary estate).
The Florida Probate Court doesn’t just handle the administration of estates. There are other types of probate litigation that can be filed as well. Some are related to the Court’s authority to distribute the deceased’s assets, but others are entirely separate proceedings.
When the distribution of a loved one’s estate does not go smoothly, it can result in a Will challenge action filed by a person’s natural heir, beneficiary, or other interested party. A Will challenge seeks to set aside a Last Will and Testament that appears valid on its face – often because of circumstances related to how that Will was created. This challenge may also be filed by someone who was explicitly disinherited in a Will or trust who wants to receive a share of the estate’s assets.
The Probate Court can also resolve creditors’ claims or collections efforts against a deceased person’s assets. For example, if a person died owing a mortgage the creditor may seek to foreclose on a property that is accounted for in the Will. Formal Administration includes a process where creditors are notified of the person’s death and given an opportunity to collect their debts. However, all the same defenses apply. That means that sometimes the Personal Representative may have to defend against creditor actions against the estate before determining the correct amount to pay the creditor and distributing the rest of the person’s assets.
One type of probate litigation that does not involve a Will is trust litigation. This type of probate action asks the probate court to interpret the language of a testamentary trust or enforce the trustee’s fiduciary duties to the trust’s beneficiaries. Trust litigation is similar to a contract dispute: the language in the document generally controls. However, the interpretation of that language can create challenges and conflicts that can only be resolved in court.
Probate litigation can take many forms, from simple to complex. Knowing the best types of probate litigation can help protect you and your family. At Harrison Estate Law, P.A., our experienced estate and probate team are here to help you choose the type of probate litigation that is right for your case. We can review your circumstances and file the right type of action for your family’s estate. We will help you be sure your family members are provided for after a loved one’s death. Contact us here or call 352-559-9828 to get help today. We offer extended weekend and evening appointments and virtual consultations upon request.
© 2025 Harrison Estate Law, P.A.
View Our Disclaimer | Privacy Policy
Law Firm Website Design by The Modern Firm
