How Can a Probate Case Get Complicated in Florida?
- jvtaormina
- Sep 10
- 4 min read
Introduction: Probate Is Not Always Simple
When a loved one passes away in Florida, probate is often required to transfer property and settle the estate. While some probate cases move smoothly, others can quickly become complicated—especially if creditors, lawsuits, or disagreements among heirs are involved.
At Taormina Law, P.A. in Orlando, we help families navigate the Florida probate process. Understanding where complications can arise can prepare you for the challenges ahead and help you avoid costly mistakes.
Common Reasons a Florida Probate Case Becomes Complicated
Even if an estate seems straightforward, several factors can turn a routine probate into a lengthy or contested matter. Let’s look at the most common issues.
1. Creditor Claims and the Creditor Period
Florida law gives creditors the right to file claims against an estate. Under Florida Statute §733.702, creditors have a set time—usually 90 days from the publication of the Notice to Creditors—to file claims. This period is known as the creditor period.
If valid claims are filed, the personal representative must pay them before heirs receive their inheritance.
If claims are disputed, the estate may face hearings or even separate lawsuits.
Failure to handle the creditor period properly can expose the personal representative to liability.
What may start as a simple estate can quickly become complicated if multiple creditors file claims or if an heir disagrees with paying certain debts.
2. Separate Lawsuits from Creditors
Sometimes, creditors don’t just file a claim—they file a separate lawsuit against the estate. This can happen if:
The personal representative disputes the debt.
The creditor’s claim is denied or ignored.
There are complex financial issues, such as business debts, unpaid loans, or medical bills.
These lawsuits must be resolved before the probate case can be closed. That means the estate could be tied up in court for months—or even years—while the lawsuit plays out.
3. Disputes Among Heirs
Heirs may not always agree on how assets should be divided. Common disputes include:
Arguments over property: One heir wants to keep the family home, while others prefer to sell.
Concerns about fairness: Some heirs may feel left out or believe the will does not reflect the decedent’s true wishes.
Claims of undue influence: Allegations that someone pressured the decedent into changing their will.
These disagreements can result in contested probate proceedings or even separate lawsuits between heirs, significantly delaying resolution.
4. An Heir Getting Sued
Another surprising complication is when an heir gets sued personally during probate. For example:
An heir may have outstanding debts, and creditors attempt to garnish or claim their inheritance.
Divorce proceedings can sometimes entangle an heir’s inheritance.
Business or tax disputes involving an heir can also interfere with distribution.
While probate protects the estate from certain outside claims, an heir’s legal troubles may create delays or require special handling before the inheritance can be distributed.
5. Complex Assets or Out-of-State Property
Probate can also get complicated when the estate includes unusual or difficult-to-manage assets, such as:
Businesses or partnership interests
Investment accounts spread across different institutions
Real estate located outside Florida (which may require ancillary probate)
High-value personal property like art, collectibles, or intellectual property rights
Managing and appraising these assets often takes time and requires court approval.
6. Personal Representative Issues
The personal representative (sometimes called the executor) is responsible for managing the estate. Problems can arise if:
The representative is inexperienced or overwhelmed.
There are conflicts of interest among family members.
The representative fails to meet deadlines or properly handle creditor claims.
In some cases, heirs may petition to have the personal representative removed, creating additional delays.
FAQs: Answering Common Client Concerns
Do all Florida estates face these complications?
No. Many estates are straightforward, especially when proper planning has been done. However, any estate with debts, disputes, or unique assets is more likely to encounter issues.
Can probate be avoided?
Yes, certain planning tools—such as trusts, joint ownership, and lady bird deeds—can help avoid probate. But once someone has passed away without these in place, probate is usually required.
What happens if creditors miss the creditor period?
If creditors fail to file claims during the 90-day creditor period, their claims may be barred (disallowed or not required to be paid). This is why publishing notice and following statutory procedures is critical.
How long will a complicated probate take?
A routine probate may last 6 to 12 months in Florida. If lawsuits, disputes, or unusual assets are involved, probate can take significantly longer.
Florida-Specific Probate Context
Probate cases in Florida are filed in the circuit court of the county where the decedent lived—for Orlando residents, that’s usually the Orange County Circuit Court.
Florida offers two main types of probate: Summary Administration (simpler, for smaller estates) and Formal Administration (more complex, for larger estates or when disputes are expected).
Many complications, especially creditor lawsuits and disputes among heirs, require Formal Administration.
Understanding these processes—and having an attorney familiar with the local courts in Orlando—can make the difference between a smooth case and a drawn-out battle.
Conclusion: Get Help Before Probate Gets Complicated
Probate in Florida may look straightforward at first, but creditor claims, lawsuits, and disputes can quickly make the process overwhelming. From the creditor period to the possibility of an heir getting sued, there are many factors that can turn a simple estate into a complex one.
If you’re facing probate in Orlando or anywhere in Florida, don’t wait until problems arise. Work with an experienced attorney who understands the local courts and the challenges of Florida probate law.
Contact Attorney Joe Taormina at TaorminaLawPA.com today. We’re here to guide you through probate, protect your rights, and resolve complications so your family can move forward.
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