From Knox Law

How Does a Fisher Island Probate Litigation Attorney Take an Estate Dispute to Court?

A Fisher Island probate litigation attorney files the dispute inside the Miami-Dade probate case, not as a new lawsuit. Florida Probate Rule 5.025 treats a will contest and a removal fight as adversary proceedings, and since July 16, 2026, it covers cases enforcing a personal representative’s authority. Formal notice then gives each person served 20 days to answer.

Knox Law is a Pompano Beach-based firm that handles Florida probate and estate matters only, including estate litigation for families with property on Fisher Island. Rachel M. Knox has practiced law in Florida since 1997. The firm represents personal representatives, beneficiaries, heirs and trustees, and many of them live outside Florida. Below is how a Miami-Dade estate fight actually runs, stage by stage.

If a fight over a Fisher Island estate has already started, call Knox Law at 954-613-6740 to discuss your matter.

What Turns a Fisher Island Estate Into Probate Litigation?

Many estates close without a single contested hearing. An estate turns into litigation the moment someone asks the probate judge to decide a disputed right, such as who inherits, who serves, or whether the will stands. That is where Knox Law’s estate litigation for Fisher Island families begins.

Florida does not send these fights to a separate civil courthouse. They stay in the probate file, before the same division that issued the letters of administration. What changes is the procedure. Rule 5.025 of the Florida Probate Rules decides whether a dispute runs as an adversary proceeding, and that label controls notice, deadlines and discovery for everyone involved.

Proceedings That Are Adversary From the First Filing

Rule 5.025(a) names 14 kinds of proceedings that are adversary unless the court orders otherwise. The list grew twice in two years. The Florida Supreme Court added challenges to a will’s validity effective October 1, 2024, and added proceedings to enforce a personal representative’s authority effective July 16, 2026. Much of the probate litigation material online still prints the older list, which leaves both out.

These are the adversary categories that come up most often in island estates.

A petition to remove or surcharge a personal representative is adversary from the start.
A challenge to the validity of a will, or a petition to revoke probate, is adversary.
A proceeding to determine beneficiaries or to construe, reform or modify a will is adversary.
A petition to determine the amount of a surviving spouse’s elective share is adversary.
A personal representative’s proceeding to enforce authority under section 733.612 is adversary.

Everything else starts as an ordinary probate matter. It can still turn adversary later, and the next rule explains how.

Proceedings a Party Can Declare Adversary Under Rule 5.025(b)

Any other probate proceeding can become adversary by declaration. A petitioner serves a separate declaration together with the petition. A respondent can serve one with a written response, due within 20 days after service of the petition or before the hearing, whichever comes first. The judge can also declare any proceeding adversary at any time under Rule 5.025(c). Declaring a matter adversary adds formality and time, so it is a strategic call that depends on facts a lawyer has to weigh.

Where a Miami-Dade Probate Dispute Is Filed and Heard

Fisher Island is not a city. It is a census-designated place in unincorporated Miami-Dade County, with 561 residents counted in the 2020 census. Section 733.101 of the Florida Statutes sets venue in the county where the decedent was domiciled, so a year-round resident’s estate belongs in the Eleventh Judicial Circuit. Knox Law’s probate services for Fisher Island estates start from that fact.

Contested matters go before the Eleventh Judicial Circuit’s Probate Division, where six circuit judges and two general magistrates hear estates, trusts and guardianships. The judges sit at the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue. The clerk’s Probate Court office is in Suite 6.223 of the same building.

Some island owners keep their legal home in another state. When a nonresident dies owning Florida property, section 734.102 opens an ancillary administration, and venue follows the property to Miami-Dade County. The ancillary personal representative holds the same powers as any Florida personal representative. Any fight inside that file runs under the same Rule 5.025 procedure.

Deadlines That Can End a Fisher Island Estate Challenge

Here is the part that costs families the most. Many Florida probate deadlines run from service, not from the date of death. Several of them allow almost no extension. A beneficiary in Chicago who sets the envelope aside for a season can lose a claim that was strong on the merits.

These are the clocks a contested estate runs on.

A will, venue or jurisdiction objection is due 3 months after service of the notice of administration under section 733.212(3).
A surviving spouse must elect the elective share by the earlier of 6 months after service of that notice or 2 years after death under section 732.2135.
A respondent has 20 days after formal notice to serve written defenses under Probate Rule 5.040.
An objection to a final accounting or petition for discharge is due 30 days after service under Probate Rule 5.401.
A notice of appeal is due 30 days after rendition of an appealable order under Florida Rule of Appellate Procedure 9.110(b).

Each date turns on when and how service happened. Have a lawyer check the service record in your own file before anyone relies on a count.

Three Months After Service of the Notice of Administration

Section 733.212(3) bars any objection to the will, the venue or the court’s jurisdiction that is not filed within 3 months after service. The statute allows one exception. The period stretches only for estoppel based on the personal representative’s misstatement about the deadline itself. Silence, misconduct or a friendly promise to work things out does not extend it. The statute also sets an outer limit of 1 year after service or the order of final discharge, whichever comes first.

Formal Notice Before Letters Under Section 733.2123

Some petitioners move faster. Section 733.2123 lets a petitioner serve formal notice of the petition for administration before letters issue. A person served that way, or one who waived notice, can challenge the will, venue or jurisdiction only in that pre-letters proceeding. There is no second chance after the judge appoints the personal representative.

A Successor Personal Representative Does Not Reopen the Window

Removal fights and will contests often travel together. Section 733.212(4) says the appointment of a successor personal representative does not extend or renew the objection period. The only exception is a new will or codicil admitted to probate. Replacing the person in charge changes who runs the estate, not the calendar for attacking the will.

Revocation of Probate Before Final Discharge

Section 733.109 lets an interested person, including a beneficiary under a prior will, petition to revoke probate before the personal representative’s final discharge. The door is narrower than it sounds. Anyone already barred by section 733.212 or section 733.2123 cannot use it. For everyone else, the petition stays in the same Miami-Dade file and runs as an adversary proceeding under Rule 5.025(a).

How a Fisher Island Probate Litigation Attorney Builds an Adversary Case

Once a matter is adversary, the probate file starts to behave like a civil lawsuit. Rule 5.025(d)(2) says the proceeding runs as nearly as practicable like a civil suit, defaults included. The Florida Rules of Civil Procedure govern, except rule 1.525. Every later pleading also carries a new caption naming the first petitioner and the first respondent, so the fight stands apart from the rest of the estate file.

That shift changes the evidence available. Depositions, document requests and subpoenas all open up. A Fisher Island probate litigation attorney uses them to test each side’s story before a judge ever hears it.

Formal Notice and the 20-Day Answer Deadline

Adversary proceedings start with formal notice under Probate Rule 5.040. The petitioner serves the petition with a notice requiring written defenses within 20 days. If no lawyer has appeared for the person, service goes by mail or commercial delivery requiring a signed receipt, or by process. Miss the 20 days, and the judge may grant the relief demanded without further notice to you.

Discovery Under the Florida Rules of Civil Procedure

Discovery is where a contested estate takes shape. The civil rules allow depositions, interrogatories and document requests between parties, plus subpoenas to people outside the case. In an island estate, that can reach bank and brokerage statements, condominium association records and the file kept by the lawyer who drafted the will. How much discovery a case needs depends on the claims, and a lawyer sizes it after reading the file.

Property and Title Records in Miami-Dade County

Real property sits at the center of many estate disputes. The Miami-Dade Property Appraiser tracks every parcel by a 13-digit folio number, along with ownership and exemption data. Recorded deeds show how title was held at death. A deed in the decedent’s name alone sends the unit through probate. Survivorship language on the deed can move it outside the estate entirely, which changes what anyone can fight over.

The Drafting Attorney and the Witnesses to the Will

Will contests turn on how the document was signed and why. Depositions of the drafting lawyer and the two attesting witnesses cover who was in the room, who gave instructions, and how the testator appeared. Section 732.502 sets the signing formalities. Two burden rules then decide how much of that testimony the contestant needs.

Self-Proved Wills Under Section 732.503

A self-proved will carries an acknowledgment by the testator and affidavits from both witnesses, signed before an officer authorized to administer oaths. Under section 733.107(1), that affidavit establishes formal execution at the start of a contest. The contestant then carries the burden of proving the grounds for revocation, such as lack of capacity or fraud.

The Undue Influence Presumption Under Section 733.107(2)

Undue influence works differently. When the presumption of undue influence applies, section 733.107(2) makes it a presumption that shifts the burden of proof. The statute ties that result to Florida’s policy against abuse of fiduciary or confidential relationships. Knox Law explains undue influence claims against a will in more detail on its own page.

Removing or Surcharging a Personal Representative in Miami-Dade

What if the executor, whom Florida law calls the personal representative, is the problem? That question usually surfaces once an estate stalls. Section 733.506 lets any interested person petition for removal, and the court can act on its own motion. Knox Law covers the grounds on its page about removing a personal representative in Florida.

Section 733.504 lists the causes. These are the ones that surface most in contested estates.

The personal representative failed to comply with an order of the court.
The personal representative failed to account for a sale or to produce estate assets when required.
The personal representative wasted or mismanaged the estate.
The personal representative holds a conflicting interest that may interfere with the administration.

Proving any of these takes records, not suspicion. Whether a delay rises to maladministration depends on the estate’s facts, and a lawyer should review the accountings before anyone files.

What a Removed Personal Representative Must Turn Over

Removal does not end the case. Probate Rule 5.440 requires a removed personal representative to file an accounting within 30 days and deliver all estate records and property to the successor. Failing to do either exposes the removed fiduciary to contempt. Section 733.506 adds that removal does not release the removed personal representative or the surety from liability. The successor then picks up the administration with the full file in hand.

Surcharge and Fee Shifting Under Section 733.609

Section 733.609 gives a personal representative the same fiduciary duty as a trustee and makes the fiduciary liable for losses a breach causes. In an action for breach of fiduciary duty, the court shall award taxable costs, including attorney fees. The judge may direct payment from a party’s interest in the estate or enter a judgment collectible from other property. Who ends up paying turns on who prevails and on facts a lawyer has to evaluate.

The 2026 Law That Lets a Personal Representative Enforce Authority

Litigation does not only run against personal representatives. Sometimes the personal representative is the one being blocked. Chapter 2026-57, Laws of Florida, took effect July 1, 2026, and gave personal representatives a direct tool. Section 733.603 now lets a personal representative ask the court to enforce the authority the probate code confers, and new section 733.612(28) authorizes that proceeding.

Why does this matter on Fisher Island? The island has no road or bridge. Residents and guests without a private boat cross on the Fisher Island Community Association ferry from Terminal West at 190 MacArthur Causeway, and guests need pre-arranged security clearance. When a relative living in the unit refuses to cooperate, an out-of-state personal representative can hold letters and still struggle to inventory the home. Knox Law offers estate litigation support for personal representatives who hit that wall.

Who Pays Under Section 733.6125

This fee rule is new, and it puts the cost on the holdout. In any proceeding to enforce a personal representative’s authority, section 733.6125 of the Florida Statutes says the court shall award a prevailing personal representative taxable costs, including attorney fees. The judge may order payment from any person whose action or inaction made the proceeding necessary, or from anyone with an interest in the estate. Whether a personal representative prevails still depends on facts a lawyer reviews.

Enforcement Proceedings Became Adversary on July 16, 2026

The Florida Supreme Court followed the statute with a rule change. Effective July 16, 2026, Probate Rule 5.025(a)(14) lists proceedings to enforce a personal representative’s authority under section 733.612 as adversary. That brings formal notice, the 20-day answer deadline and civil discovery. The same act amended section 733.6171 to treat the attorney’s work in an enforcement proceeding as an extraordinary service, which the court can compensate beyond the ordinary fee.

Mediation, Trial and Appeal in the Eleventh Judicial Circuit

A contested estate does not have to end in a full trial. Because the civil rules govern adversary probate proceedings, the mediation rule in the Florida Rules of Civil Procedure lets the judge refer all or part of a dispute to mediation. Unless the court orders otherwise, that rule requires the first mediation conference within 60 days of the referral order. Whether mediation resolves a case depends on the parties and the record, and no one can promise a settlement.

Disputes that do not settle go to an evidentiary hearing before the assigned probate judge. The circuit’s probate guidance says special-set hearings are booked through courtMAP only after the motion is filed and served. Counsel must also certify a good-faith effort to resolve the issues first. Original wills and codicils are filed on paper, while nearly everything else goes through the Florida Courts E-Filing Portal.

Appeals go to the Third District Court of Appeal, which section 35.04 assigns to the Eleventh and Sixteenth Judicial Circuits. Appellate Rule 9.170 limits probate appeals to orders that finally determine a right or obligation. These are common examples.

An order that grants or denies a petition to revoke probate of a will can be appealed.
An order that removes or refuses to remove a fiduciary can be appealed.
An order that settles a personal representative’s account can be appealed.
An order that grants or denies attorney fees or costs can be appealed.

The notice of appeal is due within 30 days of rendition under Rule 9.110(b). Miss that date, and the order stands.

Questions Fisher Island Families Ask About Probate Litigation

These questions come up in the first call about a contested Miami-Dade estate. The answers below are general, because every estate turns on its own documents, deadlines and family history, and the right answer for your family comes from reading the actual file. Bring the notice of administration and any accountings you have received to that first call.

Can the personal representative distribute assets during a will contest?

Section 733.109(2) says the personal representative keeps administering the estate while a revocation petition is pending. No distribution may go to beneficiaries in a way that defeats the rights of those who would inherit without the will. A good-faith buyer who paid value before an order of revocation keeps title under section 733.109(3).

Who pays the attorney fees in a Florida will contest?

Section 733.106(2) says a nominated personal representative who offered the will in good faith receives costs and attorney fees from the estate even if probate is denied or revoked. The court can also assess fees against one person’s share of the estate after weighing factors such as the merits and whether that person unjustly drove up costs. The result depends on the record, so no one can predict it before the facts are reviewed.

Can a bank keep a personal representative out of a safe-deposit box?

Generally not, since July 1, 2026. Chapter 2026-57 rewrote section 655.933 to require access for a personal representative who presents a copy of the letters, unless the lease or governing writings expressly say otherwise. Section 655.936 directs the lessor to deliver safekeeping property immediately against a certified copy of the letters, subject to the initial-opening procedure in section 733.6065.

How long do I have to object to a final accounting in Florida?

Probate Rule 5.401 gives you 30 days after service of the later of the petition for discharge or the final accounting. The objection must identify the disputed items with particularity. If no one serves a notice of hearing within 90 days of filing, the objections are deemed abandoned, which is why probate accounting disputes need prompt follow-through.

Call a Fisher Island Probate Litigation Attorney Before a Deadline Passes

Probate litigation rewards the side that reads the rules early. The 3-month objection window, the 20-day answer deadline and the 30-day appeal clock all run whether or not anyone is watching. Most of them cannot be extended once they pass.

Knox Law handles Florida probate and estate matters only. Rachel M. Knox has practiced law in Florida since 1997, and the firm represents personal representatives, beneficiaries, heirs and trustees, whether they live in Miami-Dade County or several states away. A Fisher Island probate litigation attorney at Knox Law can read your notice of administration, check the service date, and tell you which deadlines are still open.

No lawyer can guarantee how a contested estate ends. Contact the office to discuss your concerns and the dates that may affect your matter.

Call Knox Law at 954-613-6740 or reach the firm through the contact page to discuss your matter.