Most Palm Beach estates settle quietly. Some do not. When heirs, beneficiaries, or creditors cannot agree, the dispute lands in the probate division of the Palm Beach County Circuit Court, and the process shifts from administration to litigation. Understanding the main categories of estate litigation helps you judge how serious a brewing conflict really is. Here they are, compared.
Category 1: Will Contests (Challenging the Document Itself)
A will contest attacks whether the will is valid. Under the Florida Probate Code (Chapters 731 through 735), common grounds include improper execution (a will must meet Section 732.502, requiring the testator’s signature and two attesting witnesses), lack of testamentary capacity, undue influence, fraud, or forgery. Timing is unforgiving: once a beneficiary receives formal notice of administration, the window to object is generally just three months. Miss it, and the right to challenge is usually lost. This makes will contests the most deadline-driven form of estate litigation.
Category 2: Fiduciary Disputes (Challenging the Person in Charge)
Here the will may be fine, but the personal representative’s conduct is in question. Beneficiaries can petition the Palm Beach court to compel an accounting, to surcharge a fiduciary for losses caused by mismanagement or self-dealing, or to remove a personal representative for breach of duty. The same applies to trustees under Florida’s Trust Code (Chapter 736). These disputes turn on documents and accountings rather than on witness memory, which often makes them more provable than a will contest.
Category 3: Spousal and Homestead Rights Disputes
Florida gives a surviving spouse rights that cannot simply be written away. The elective share statute (Section 732.2065 and following) lets a spouse claim 30% of the elective estate even if the will leaves less. Homestead disputes under Article X, Section 4 of the Florida Constitution determine who inherits the protected residence and whether it can be sold. In Palm Beach, where the home is often the largest asset, these fights are common and high-stakes.
Category 4: Creditor Claim Litigation
After a notice to creditors is published, claimants have a limited period to file. The personal representative may object to a claim, and the creditor must then file an independent action to enforce it or lose the claim. These disputes are narrower and more procedural than family fights but can still delay distribution.
How These Disputes Resolve
- Mediation. Florida courts strongly favor mediation, and many contested Palm Beach estates settle there before trial, preserving estate assets and family relationships.
- Trial. If mediation fails, the probate judge decides. There is no jury in Florida probate proceedings.
- Fees. Florida law lets a court order attorney’s fees to be paid from the estate in some circumstances; whether the contestant or the estate bears the cost is itself often litigated.
A Note on Taxes
One thing that does not drive Florida estate litigation: state death taxes. Florida has no estate or inheritance tax, so disputes center on the will, the fiduciary, and family rights, not on tax bills.
The Bottom Line
Comparing the categories: will contests are the most time-sensitive and hardest to prove; fiduciary disputes hinge on records and are often more winnable; spousal and homestead claims involve rights Florida protects by statute and constitution; creditor litigation is procedural. Identifying which category you are in shapes both strategy and deadlines.
This is general information, not legal advice. Estate litigation in Florida moves on strict and short deadlines. If you anticipate or face a contested estate in Palm Beach, speak with a licensed Florida probate litigation attorney promptly.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .