In most cases, disputes involving Florida Probate administration are adversary proceedings. These proceedings delay the probate administration, until the dispute is resolved.

Under Florida Probate Rules some disputes automatically become adversary proceedings. These include:

  • proceedings to remove a personal representative,
  • surcharge a personal representative
  • remove a guardian
  • surcharge a guardian
  • probate a lost or destroyed will or later discovered will
  • determine beneficiaries
  • construe a will
  • reform a will
  • modify a will
  • cancel a devise
  • partition property for the purposes of distribution
  • determine pretermitted status
  • determine pretermitted share
  • determine amount of elective share and contribution
  • for revocation of probate of a will.

Other proceedings can become adversarial after the personal representative is served a formal notice.

After service of the Formal Notice the proceeding is conducted similarly to any other civil suit whereby the parties conduct discovery, including Requests for Production of Documents, Interrogatories, and taking depositions.

If you have questions regarding your rights in probate call Attorney Don Morrell of the Kendrick Law Group and schedule a complimentary strategy session.