Probate Litigation

Probate is the legal process by which a person's debts are paid and assets owned by the decedent are distributed upon death.  Sometimes a will is involved, sometimes not.  While the probate matter may involve oversight by a Florida court, there need not be any formal lawsuit involved, where a claimant is alleging that monetary damages or other relief is due him/her under Florida law.  Many probate matters are resolved without any type of litigation being involved. 

Probate litigation is the broad concept of challenging:
1. the contents of the Last Will and Testament;
2. a provision of the Last Will and Testament;
3. the appointment of an executor (Florida law refers to an executor or executrix as a "Personal Representative"); or
4. the entire document itself.