Most Miami estates close quietly, but some do not. When beneficiaries, heirs, or creditors disagree, the dispute often lands squarely on the personal representative, who may be the one defending the estate or the one being challenged. Florida probate litigation is its own discipline, and the stakes, including personal liability for a fiduciary, are high. We represent personal representatives, executors, and beneficiaries on both sides of these disputes in the Miami-Dade probate court.
Will Contests
A will can be challenged on grounds such as improper execution, lack of testamentary capacity, undue influence, fraud, or revocation. Florida has demanding execution requirements under section 732.502: the testator must sign at the end in the presence of two witnesses, who must sign in the presence of the testator and each other. A defect in execution, or proof of undue influence, can invalidate the document. A named executor frequently must defend the will the decedent chose.
Breach of Fiduciary Duty and Removal
Beneficiaries who believe a personal representative is mismanaging the estate, self-dealing, or stalling can petition to remove the representative, surcharge them for losses, and compel an accounting. If you are the personal representative, defending these claims requires the same clean documentation that prevents them. If you are a beneficiary, Florida gives you real tools to hold a fiduciary accountable.
Elective Share Claims
A surviving spouse in Florida cannot be entirely disinherited. Under the elective share statutes beginning at section 732.2065, a surviving spouse may claim 30 percent of the elective estate, which reaches beyond the probate estate into many non-probate assets like certain trusts and accounts. These claims have firm deadlines and complex valuation. A personal representative must take an elective share election seriously and account for it before distributing.
Creditor and Homestead Fights
Disputes also arise over disputed creditor claims and over whether Miami real estate qualifies as protected homestead. Homestead litigation can determine whether the family home reaches creditors or passes free of the probate process altogether, so it is often hard fought.
Consult a Florida Attorney
Probate litigation moves on strict deadlines, and the right move depends entirely on the facts of the estate and your role in it. This page is general information, not legal advice. If you face a will contest, a removal petition, or an elective share claim in Miami-Dade, consult a licensed Florida probate litigator promptly to preserve your rights and the estate’s.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles New York probate and estate administration.
