“Interested Persons” and Florida Probate Litigation

An important concept in Florida probate law is the “interested person.” Essentially, an interested person is someone who has certain legal rights with respect to the administration of a will and probate estate. Depending on the nature of the estate, there may be many interested persons, including individuals who may not realize they enjoy such status.

Defining Interested Persons

Section 731.201 of the Florida Statutes broadly defines an interested person as anyone “who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” The exact meaning, however, “may vary from time to time and must be determined according to the particular purpose of, and matter involved in, any proceedings.”

In broad terms, interested persons usually include:

• the personal representative of the estate;
• any beneficiaries named in the decedent’s last will and testament;
• the legal guardians of any beneficiaries;
• the decedent’s heirs would stand to inherit from the probate estate if there is no will, or if the will submitted to probate is found invalid;
• any creditors whom the decedent owed money to at the time of their death;
• the trustee of any trust that is a beneficiary of the estate, including a revocable trust established by the decedent during their lifetime; and
• any business entity where the decedent’s estate has an ownership interest, such as a corporation or limited liability company.

Just because someone is an interested person, that does not mean they necessarily have to participate in the actual probate proceeding. But interested persons must receive a formal “Notice of Administration,” informing them that an estate has been opened and that they have certain rights. For example, only an interested person has standing to contest a will or demand an accounting of the estate’s assets. Interested persons can also seek to remove or replace a personal representative for alleged misconduct or dereliction of duty.

Limiting Who May Contest a Florida Will

Whether or not someone is an interested person is a necessary condition towards establishing legal standing in a Florida probate case. Put differently, not just anyone can contest a will, oppose the appointment of personal representative, or otherwise intervene in an estate where they have no recognized legal or economic interest.

For instance, in a July 2025 decision, Griffin v. Pearson, a Florida appeals court affirmed a lower court’s decision overruling an attempt to contest a will. The deceased owned a home in Orlando at the time of her death. Sometime after she died, a complete stranger simply moved into the house and started living there without the knowledge or consent of the estate.

It was this squatter who attempted to contest the will. But as the Sixth District Court Appeal explained, the squatter was “not an interested person because he is a stranger to the estate.” In short, he had no legally protected interest in the administration of the decedent’s property.

Contact a Bradenton Wills & Probate Lawyer

Probate is an important legal process designed to ensure the orderly administration of a person’s estate. If you are involved in a potential legal dispute involving this process, our Bradenton wills and probate lawyers are here to help. Contact Suncoast Civil Law today at 941-366-1800 to schedule a confidential case evaluation.

Source:

scholar.google.com/scholar_case?case=6840628761188422192