Probate and Probate Litigation in Palm Beach County

At Schwartz | White, we understand that the probate process can be a challenging and emotional experience, especially while the loss of a loved one is still fresh in one’s mind. Whether you have been appointed to administer the estate or are an heir or beneficiary facing a contentious dispute over a will or trust, our experienced Boca Raton probate lawyers are here to protect your interests, ensure legal compliance, and work toward a resolution that honors the decedent’s wishes and preserves family relationships as much as possible. When necessary, we are fully prepared to take an aggressive stance in litigation to protect your inheritance rights and fiduciary responsibilities.

With decades of experience in probate, estate administration, and probate litigation, Schwartz | White is the firm that professionals in Palm Beach County turn to for trusted counsel and strong legal representation. We have built our reputation on results—helping families, fiduciaries, and beneficiaries through the complex Florida probate process with confidence and peace of mind.

What Is Probate?

Probate is the legal process of administering a person’s estate after they pass away. It involves validating the decedent’s will, identifying and valuing estate assets, settling debts and taxes, and distributing the remaining property to the rightful heirs or beneficiaries. When a person dies without a will (intestate), the probate court oversees the distribution of assets according to Florida’s intestate succession laws.

Under Florida probate law, not all assets are subject to probate. Certain assets pass directly to named beneficiaries or joint owners outside of probate, such as life insurance policies with designated beneficiaries, retirement accounts, payable-on-death (POD) accounts, and jointly held real estate with rights of survivorship. However, most estates do require probate to lawfully transfer property and resolve outstanding legal and financial matters.

Depending on the circumstances, Florida offers three primary types of probate proceedings:

Formal Administration – The most common and comprehensive form of probate, formal administration is required for estates valued over $75,000 or when the decedent passed away less than two years ago. It involves court supervision, appointment of a personal representative (executor), and detailed procedures for asset distribution.
Summary Administration – This expedited form of probate is available for smaller estates valued at $75,000 or less (excluding exempt property) or when the decedent has been deceased for over two years. Summary administration is less complex but still requires a petition to the court.
Disposition Without Administration – This procedure is used in limited situations where the estate consists solely of exempt property and the value of non-exempt assets is insufficient to cover funeral and medical expenses.

At Schwartz | White, we assess each client’s situation and recommend the most efficient and cost-effective route to administering the estate, always ensuring that our clients meet their legal duties and avoid liability.

The Role of the Personal Representative in Florida Probate Matters

A key player in the probate process is the personal representative, also known as the executor. This individual—who is either named in the will or appointed by the court—has a fiduciary duty to manage the estate in good faith, following the terms of the will and applicable laws. Duties may include, for example:

Locating and securing estate assets
Notifying creditors and paying valid claims
Filing required tax returns and paying taxes
Communicating with heirs and beneficiaries
Distributing property according to the will or intestate laws
Preparing an accounting of estate activities for court approval

Serving as a personal representative can be a time-consuming and legally complex responsibility. Mistakes, even if unintentional, can result in personal liability. Our attorneys at Schwartz | White provide legal guidance and technical assistance to personal representatives throughout every step of the process, ensuring compliance and protecting their interests from potential disputes or challenges.

Resolving Disputes Through Probate Litigation

While many probate cases proceed without significant conflict, disputes can and do arise—especially in high-net-worth estates, blended family situations, or when there are suspicions of fraud, undue influence, or lack of mental capacity. When a dispute arises, probate litigation becomes necessary to resolve the matter through the court system.

At Schwartz | White, our skilled litigators have extensive experience representing beneficiaries, personal representatives, trustees, and other interested parties in a broad range of probate and trust litigation matters, including:

Will Contests – Challenges to the validity of a will based on allegations such as lack of testamentary capacity, undue influence, fraud, or improper execution.
Breach of Fiduciary Duty – Claims against executors, administrators, or trustees who mismanage assets, fail to make required distributions or act in their own interests.
Disputes Among Heirs or Beneficiaries – Conflicts over the interpretation of will or trust language, asset valuations, or fairness of distributions.
Trust Contests and Modifications – Disputes involving revocable or irrevocable trusts, including claims of improper trust formation or requests to modify or terminate a trust under Florida law.
Removal or Surcharge of Fiduciaries – Actions to remove a personal representative or trustee for misconduct and seek damages for losses to the estate.

Probate litigation is highly technical and governed by strict procedural rules and deadlines. It requires not only a deep understanding of Florida probate law but also the courtroom skill to advocate persuasively on your behalf. At Schwartz | White, we approach these disputes with a strategic mindset—aiming for practical, negotiated solutions when possible, and aggressive litigation when necessary.

Preventing Probate Disputes Before They Arise

While we are always ready to litigate when needed, our goal is often to help clients avoid disputes before they occur. Our estate planning attorneys work closely with individuals and families to draft clear, enforceable wills, trusts, and other estate planning documents that reflect their wishes and minimize the risk of conflict.

We also counsel personal representatives on how to perform their duties transparently and legally, reducing the likelihood of objections or claims from heirs or creditors. Taking proactive steps now can save time, expense, and stress for everyone involved.

Why Choose Schwartz | White for Probate in Palm Beach County?

Our firm has served Boca Raton and the greater Palm Beach County community for decades, earning a reputation for legal excellence, integrity, and results. We are known not just for our depth of knowledge in Florida probate and estate law, but for our ability to resolve even the most complex disputes efficiently and effectively. We understand the emotional stakes in probate matters and provide not only legal guidance but thoughtful support.

At Schwartz | White, we pride ourselves on being the professionals that other professionals trust. Our clients include business owners, healthcare providers, financial professionals, athletes, and families with significant and sensitive estate concerns. We are meticulous in our preparation, skilled in negotiation, and fearless in litigation when the situation calls for it.

Contact Our Boca Raton Probate Lawyers Today

Whether you need help managing the probate process or are facing a serious dispute that could threaten your inheritance or fiduciary role, Schwartz | White is ready to help. We offer trusted counsel and experienced representation to personal representatives, heirs, beneficiaries, and trustees throughout Palm Beach County. Call our office today to learn how we can help you move forward with confidence and clarity.