Probate Litigation Attorneys

Probate is intended to provide an orderly process for distributing a person’s assets after death. Unfortunately, the process doesn’t always go smoothly. Disagreements over wills, estate administration, or fiduciary conduct can create lasting conflict among family members and beneficiaries.

At the Mint Law Firm, we understand that probate disputes can be as emotional as they are complex. Our attorneys combine litigation skill with deep knowledge of Florida probate law to protect your rights, enforce your loved one’s wishes, and help bring closure to difficult situations.

What Is a Probate Dispute?

A probate dispute arises when one or more parties contest the validity of a will, challenge the actions of a personal representative (executor), or disagree about how an estate is being managed or distributed. These conflicts may involve large estates or modest ones — but the underlying issues are often deeply personal. The following is a list of just some of the issues/causes of action that we at the Mint Law Firm see in our probate litigation practice:

• Will contests: Involve claims that a will was executed under undue influence, duress, fraud, or when the decedent lacked testamentary capacity. These tend to be fact-specific, long, and complex matters.
• Breach of fiduciary duty: Allegations that a personal representative (executor) mismanaged estate assets, failed to provide proper accountings, or acted in self-interest rather than in the beneficiaries’ best interests. Unlike will contests, these tend to resolve quicker, as an accounting of estate assets typically provides a paper trail.
• Disputes over heirship or beneficiaries: Questions regarding who is entitled to inherit under a will or under Florida’s intestacy laws. Those matters that involve paternity issues, where a father is not listed on the birth certificate, are particularly complex, as Florida’s laws on the issue are not straightforward.
• Theft of estate assets: Sometimes beneficiaries take estate assets that they are not entitled to. Personal Representatives have a duty – to the estate, the other beneficiaries, and to the estate’s creditors to marshal all assets, including those that have been wrongfully taken.
• Failure to account or disclose: Florida law requires personal representatives to provide beneficiaries with timely inventories and accountings. When this duty is ignored, beneficiaries are left in the dark about how the estate is being handled.

Florida’s Legal Landscape for Probate Litigation

In Florida, probate disputes are governed by the Florida Probate Code (Chapters 731–735, Florida Statutes) and related procedural rules. These laws set out the responsibilities of personal representatives, the rights of beneficiaries, and the remedies available when disputes arise.

For example:

• Personal representatives must act in good faith and follow the decedent’s will and Florida law.
• Beneficiaries are entitled to notice, transparency, and accurate accountings.
• Courts can remove fiduciaries, order accountings, or resolve disputes over will validity and asset distribution.

Understanding these rules and how they interact with estate planning documents is critical. Probate litigation requires not just general litigation skill, but deep familiarity with Florida’s probate system and local court practices. Fortunately, at any given time, the Mint Law Firm has dozens of non-contested probate administration matters that it manages.

The Probate Litigation Process

Probate law in Florida has mechanisms that effectively transform what is typically a purely transaction proceeding (probate administration) to one that is very similar to a typical civil lawsuit. The process can be broken into key stages:

1. Case evaluation: At the Mint Law Firm, we begin all matters by conducting an initial series of lengthy meetings to gather your side of the story and understand your goals. We will review the evidence that you possess and hear your side of the story to evaluate your legal options.
2. Initial demand letters: Most of our matters start with a simple demand letter. Sometimes a correspondence that communicates the issues and potential legal repercussions is enough to reach the end goal. If the letter or series of letters is ignored, then additional steps must be taken.
3. Pleading & court filings: When the demand letter(s) is ignored, a decision needs to be made whether to force compliance by way of filing a formal petition.
4. Discovery: Once the opposing party has been served with the initial petition, probate litigation is similar to most civil litigation matters. Usually, the attorneys for both sides will convene and agree on the scope of discovery. In essence, relevant evidence and information is sought and exchanged by each party. Depositions frequently occur during this stage, meaning each side gets to ask the opposing parties questions in real time either in person or via Zoom.
5. Motions practice and dispositive hearing: If the case cannot settle, depending on the subject or matter at issue, most probate disputes will end with a final evidentiary-based dispositive hearing on the outstanding dispute at hand. Prior to this, motions can be submitted to include and/or exclude evidence or testimony. Expert witnesses, accounting analyses, and legal argument shape the outcome.

Throughout each step, it is essential to act with foresight, employing strategic decisions, managing deadlines, and advocating effectively.

How the Mint Law Firm Approaches Probate Disputes

At Mint Law Firm, our approach is built on strategic advocacy, communication, and client care:

• Experience in litigation and probate administration: Having previously litigated as attorneys at some of the nation’s largest law firms, our legal team possesses decades of relevant high-stakes litigation experience. However, this experience alone is not enough. It takes knowledge of probate procedure and Florida probate law to make an effective and well-rounded practitioner in this discipline. We at the Mint Law Firm typically have dozens of uncontested probate matters that we are simultaneously prosecuting.
• Tailored legal strategies: Instead of one-size-fits-all tactics, your probate litigation attorney at the Mint Law Firm will develop strategies suited to your role (personal representative, beneficiary, or interested party) and your goals (removal, accounting, reform, recovery, etc.).
• Transparent communication: We pride ourselves on client interactions. With every case, we always seek to communicate clear explanations, provide regular updates, and employ collaborative decision-making.
• Vigorous court advocacy: When litigation is inevitable, we bring rigorous preparation, persuasive briefing, and courtroom presence to protect your interests. We have found that in practice, our work product is frequently much more detailed than our opponents’.

What Does Probate Litigation Cost?

Unfortunately, probate litigation, like most legal disputes, can be expensive. The total cost often depends on how aggressively the opposing party chooses to fight and the legal strategy required to achieve your goals.

At the Mint Law Firm, we are transparent about the financial realities of litigation and work closely with each client to structure a payment approach that aligns with their needs and circumstances. We’ve handled probate disputes that have been resolved after a single demand letter and others that have lasted for years due to complex facts or aggressive opposition.

To accommodate for different client situations, we offer three primary methods of funding probate litigation:

Hourly: Under the hourly model, our attorneys and professional staff bill for their time at established hourly rates, tracked in 0.1-hour increments. This arrangement typically requires an initial retainer, from which we bill as work is performed. You’ll receive detailed invoices every two weeks outlining all activity on your case. Most defendants in probate disputes—particularly personal representatives—use this traditional hourly structure. In some cases, a personal representative defendant may be permitted to use estate funds to pay for their legal defense.

Contingency: We at Mint Law Firm fully understand that probate disputes often arise when clients do not have the financial means to pay hourly legal fees. For that reason, we have developed one of the largest contingency-based probate litigation practices in Central Florida. Under a contingency arrangement, clients pay little to no upfront fees. Our firm advances the necessary legal costs in exchange for a percentage of the recovery, typically 33%. This means that if we recover nothing, you owe us nothing. If we recover $1,000, our fee would be $333. This model allows individuals to pursue justice and accountability without the burden of upfront legal expenses

Hybrid: Some clients prefer not to enter a full contingency agreement—and that’s completely understandable. For clients who are able to contribute limited funds towards litigation, we offer a hybrid option that balances both approaches. Under this structure, our hourly billing rate is reduced by 50% and we take a smaller contingency interest—usually around 20%—in any funds recovered. This arrangement gives clients the benefit of a lower hourly rate while keeping our firm directly invested in achieving a successful outcome.

When to Seek Legal Counsel (Sooner than Later)

Probate disputes are time-sensitive and governed by strict procedural deadlines. Delay can forfeit valuable rights. You should seek counsel immediately if you:

• Suspect that a will was forged or signed under undue influence or lack of capacity;
• Believe that the personal representative is mismanaging estate assets or withholding information;
• Have not received required accountings or disclosures;
• Disagree with the distribution of assets or claim of heirship;
• Need to remove or defend a personal representative;
• Are involved in disputes regarding elective share or spousal rights.

Early legal involvement allows us to preserve evidence, meet deadlines, and build leverage for an efficient resolution.

Why Choose Mint Law For Your Probate Dispute

• Statewide practice: Although we are based in Lakeland, Florida, our Probate Litigation practice encompasses most of the State of Florida. We have and are currently involved in probate-related disputes in numerous counties throughout the State of Florida.
• Depth & breadth of experience: Mint Law draws on nearly 100 years of combined attorney experience across estate planning, probate, litigation, and family law.
• Client-focused approach: We combine big-firm strategic thinking with small-firm accessibility and personalized attention.
• Track record in probate disputes: The Mint Law Firm has successfully defended personal representatives from various fiduciary-related claims and has also monetarily recovered for its clients who have taken issue with the will and/or personal representative. Our secret is simple. We tend to research and write in depth – more so than the other side. With little way out from a legal perspective, the other side is more prone to settling early.
• Comprehensive advocacy: Whether your goal is to negotiate a settlement, mediate, or go through full litigation, we’re prepared to help at every stage.

When probate disputes arise, the consequences can reach far beyond financial loss: they can strain family relationships, threaten legacies, and cause prolonged uncertainty. Having a seasoned legal advocate in your corner is critical.

If you believe you have a probate dispute—whether as a beneficiary, personal representative, or interested party—don’t wait. Contact Mint Law Firm in Lakeland, FL for a confidential consultation. We’re ready to carefully evaluate your case, explain your options, and chart a path forward designed to protect your rights and your legacy.