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Probate Lawyer Fort Lauderdale | Estate & Probate Litigation in Florida

What Is Probate and When Do You Need a Probate Lawyer?

Probate is the legal process by which a deceased person's estate is administered — debts are paid, assets are identified and valued, and property is distributed to the rightful beneficiaries or heirs under court supervision. In Florida, probate proceedings are governed by the Florida Probate Code under Chapters 731 through 735 of the Florida Statutes and are handled through the circuit court in the county where the deceased resided. For Broward County residents and property owners, that means the Seventeenth Judicial Circuit Court in Fort Lauderdale.

Most probate administrations proceed without significant conflict — a personal representative is appointed, assets are inventoried, creditors are paid, and distributions are made according to the will or Florida intestate succession laws. But when disputes arise — over the validity of the will, the conduct of the personal representative, the rights of a surviving spouse or child, or the distribution of assets — the probate process becomes adversarial, and the parties involved need an experienced probate litigation attorney on their side.

The Law Offices of Richard Corey, PLLC represents clients in probate litigation and estate disputes throughout Fort Lauderdale, Broward County, and South Florida. Whether you need a probate attorney to contest a will, remove a personal representative, enforce a surviving spouse's elective share rights, or resolve a trust dispute, our firm provides the experienced, trial-ready representation these high-stakes matters demand.

Types of Probate Litigation in Florida

Will Contests. A will contest is a formal legal challenge to the validity of a deceased person's Last Will and Testament. Florida law recognizes specific grounds for contesting a will, including lack of testamentary capacity, undue influence, fraud, improper execution, and forgery. Will contests are adversary proceedings under Florida Probate Rule 5.025, governed by the same procedural rules that apply to civil litigation. The most critical issue in any will contest is the deadline — under Florida Statute Section 733.212, interested parties have only 90 days from service of the Notice of Administration to file a petition contesting the will. This deadline is absolute.

Personal Representative Misconduct and Removal. The personal representative — also called an executor — is the individual appointed by the probate court to administer the estate. When a personal representative fails to perform their duties, misappropriates estate assets, fails to account for estate property, or acts in their own interest at the expense of beneficiaries, Florida law provides mechanisms to compel an accounting, surcharge the personal representative for losses, and in appropriate cases seek their removal under Florida Statute Section 733.504. The Law Offices of Richard Corey, PLLC pursues personal representative misconduct claims with the urgency and precision these matters require.

Elective Share Claims. Florida law protects surviving spouses from disinheritance through the elective share — a right under Florida Statute Section 732.2065 to claim 30% of the elective estate regardless of what the decedent's will provides. Elective share claims must be filed within six months of service of the Notice of Administration or two years of the decedent's death, whichever is earlier. When a surviving spouse has been left less than their elective share entitlement, the Law Offices of Richard Corey, PLLC pursues that claim aggressively through the probate court.

Pretermitted Spouse and Child Claims. When a decedent executed a will before marriage or before the birth of a child — and failed to update that will to provide for the new spouse or child — Florida law may entitle the overlooked family member to an intestate share of the estate under Florida Statutes Sections 732.301 and 732.302. These pretermitted heir claims require prompt legal action within the probate proceeding.

Trust Disputes. When estate assets pass through a revocable or irrevocable trust rather than through probate, disputes over the trust's terms, the trustee's conduct, or the rights of beneficiaries are resolved through trust litigation. Florida's Trust Code under Chapter 736 of the Florida Statutes governs trust administration and trustee duties — including the duty of loyalty, the duty of prudent investment, and the duty to inform and account to beneficiaries. The Law Offices of Richard Corey, PLLC handles trust litigation throughout South Florida, including breach of fiduciary duty claims against trustees, trust construction disputes, and petitions to remove a trustee.

Florida's Probate Process: A Brief Overview

Florida recognizes two primary forms of probate administration. Formal Administration is the standard probate process — required when the estate's value exceeds $75,000 or when the decedent died less than two years ago. It involves court supervision, appointment of a personal representative, a creditor claim period of 90 days, and a formal distribution order. Summary Administration is a simplified process available for smaller estates (gross value under $75,000 excluding exempt property) or when the decedent has been deceased for more than two years. It does not involve appointment of a personal representative and proceeds more quickly than formal administration.

Florida also recognizes Disposition Without Administration — a simplified procedure for very small estates where the only assets are exempt property or non-probate assets — and Ancillary Administration, which is required when a non-Florida resident dies owning real property in Florida.

Key Probate Deadlines in Florida

Florida probate law is full of strict deadlines that permanently extinguish rights when missed. The most important include: 90 days from service of Notice of Administration to contest a will under Florida Statute Section 733.212; 90 days from first publication of notice to creditors to file a creditor claim under Florida Statute Section 733.702; 6 months from service of Notice of Administration (or 2 years from death, whichever is earlier) to file an elective share claim under Florida Statute Section 732.2135; and 20 days from service of Formal Notice of Petition for Administration to file a caveat or early contest. If you have received any probate notice and are uncertain about your rights or deadlines, contact a probate attorney immediately.

Why Choose The Law Offices of Richard Corey, PLLC as Your Probate Lawyer in Fort Lauderdale?

Managing Attorney Richard P. Corey is a three-time Super Lawyers Rising Stars recipient in civil litigation — a distinction awarded to fewer than 2.5% of attorneys in Florida — a TEDx Ocala 2025 speaker, published author, and Member of the Bar of the Supreme Court of the United States. He brings genuine trial-ready civil litigation experience to every probate litigation matter the firm handles. Our boutique model means every probate client works directly with Richard — not a paralegal or junior associate — and receives the focused, senior-level attention that high-stakes estate disputes demand.

We represent probate litigation clients throughout Fort Lauderdale, Broward County, Miami-Dade County, Palm Beach County, and across the state of Florida. If you are facing a probate dispute or need an experienced probate attorney in Fort Lauderdale, contact us today.

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