Case Study: Representing an Out-of-State Heir in a Complex Florida Probate Dispute

Are you an out-of-state heir navigating the Florida probate process? Our Central Florida probate law firm recently helped a New York resident assert her legal rights in a complex estate dispute in Orange County. The case involved real estate in Apopka, FL, a disputed bank account, and competing claims to become the estate’s personal representative. If you’re facing similar challenges — especially if you’re dealing with a deceased family member who owned Florida property — our limited-scope representation services can help you file, fight, and resolve probate matters efficiently, even from out of state.

Client: Name withheld for privacy
Case Type: Limited Representation in Florida Probate
Jurisdiction: Orange County, Florida (9th Judicial Circuit)

Background

Our client, a New York resident, reached out for an ancillary probate, which is a type of limited legal representation in an Orange County, Florida probate matter involving her late father’s estate. Her father passed away in June 2021 in Haiti, leaving behind property in Apopka, Florida, and a bank account in the United States.

The situation quickly became complicated:

• The Apopka property was co-owned with the father’s former partner, who also passed away in 2022.
• The heirs of both individuals overlapped — in this case, eight adult children were listed as potential heirs.
• One sibling had already filed to be named personal representative (executor) for both estates, creating a potential conflict of interest.

Client’s Goals

The client sought to:

1. File a Petition for Administration in her father’s estate listing the bank account as a probate asset.
2. Oppose her sibling’s nomination as personal representative due to the potential conflict.
3. Secure either sole appointment or co-appointment as personal representative.
4. Obtain representation at an upcoming in-person hearing in Florida within 30 days.

Challenges

• Out-of-State Representation: The client lived in New York, making it essential to have on-the-ground legal representation in Florida.
• Multiple Estates with Overlapping Heirs: The same group of heirs stood to inherit from two separate estates, increasing the potential for disputes.
• Conflict of Interest: One sibling’s role as proposed personal representative for both estates raised questions about impartiality and asset distribution.
• Time Sensitivity: The court had ordered a hearing to address multiple petitions within a short timeframe.

Our Approach

We provided targeted, limited-scope representation designed to achieve the client’s immediate legal objectives while managing costs:

• Filed a Petition for Administration in Orange County probate court, ensuring the bank account was formally recognized as an estate asset.
• Prepared and filed opposition to the sibling’s petition for appointment as personal representative, citing conflict of interest.
• Coordinated with the court to align the petitions for the same hearing date, reducing travel and legal costs.
• Prepared the client for the in-person hearing, including strategy, testimony preparation, and document review.

Outcome

While the case is ongoing, our representation positioned the client to:

• Ensure all known estate assets, including the bank account, are properly accounted for.
• Present a strong case for appointment as personal representative or co-administrator.
• Challenge potential conflicts of interest to protect her share of the estate.

Key Takeaways for Out-of-State Heirs in Florida Probate

• Florida probate law requires that a personal representative either be a Florida resident or a close relative — even if they live elsewhere.
• Limited-scope representation can be an effective and affordable way for out-of-state heirs to handle urgent probate matters.
• Conflicts of interest in estate administration can be challenged, but must be supported by clear evidence and legal reasoning.

If you live outside Florida but need to protect your inheritance rights here, we can help. Contact our office for a consultation to discuss how we can represent your interests in Florida probate proceedings.