When you’re dealing with the loss of a loved one, the last thing you want is added frustration with your probate attorney. But sometimes, changing attorneys is the right decision. Whether communication has broken down, progress has stalled, or you simply feel uncomfortable with how things are handled, Florida law allows you to replace your probate attorney — even mid-case. Here’s what you should know before making that change.
Your Right to Choose Your Attorney
In Florida, a personal representative (executor) is entitled to hire and, if necessary, replace the attorney handling the estate. This means you can terminate your current attorney and retain another at any point. However, it’s important to understand how that transition works and what it might cost.
When you change attorneys, your original lawyer is usually entitled to be paid for the work already completed. These fees are typically approved by the probate court and paid from the estate — not from your personal funds — as long as the work benefited the estate.
Common Reasons for Replacing a Probate Attorney
There are many legitimate reasons why someone might choose to switch counsel during a probate case. Some of the most common include:
- Poor communication – You’re not receiving updates or explanations.
- Lack of progress – The estate seems stalled without clear reason.
- Differences in approach – You disagree with how matters are being handled.
- Unclear billing – You don’t understand the fees or what they cover.
- Loss of trust – You no longer have confidence in your attorney’s judgment or advocacy.
If any of these issues resonate with you, it may be worth consulting another probate attorney for a second opinion before making a final decision.
The Benefits of Switching Attorneys
Changing attorneys can offer several advantages:
- Better communication and responsiveness – A new attorney may offer clearer updates and more direct access.
- Fresh perspective – A different attorney can quickly identify issues or opportunities previously overlooked.
- Renewed confidence – Feeling supported and understood can greatly reduce stress during probate.
- Improved efficiency – A proactive attorney can help move the process forward faster and more smoothly.
Potential Drawbacks to Consider
However, replacing your probate attorney isn’t always simple. Consider the potential downsides:
- Delays in the case – It takes time for a new attorney to review the file and catch up.
- Duplicate fees – The new attorney may need to redo or verify prior work.
- Court approval delays – In some cases, a notice of substitution of counsel must be filed with the court, which may momentarily pause activity.
- Limited recovery of prior fees – If you believe your prior attorney overcharged or mishandled matters, recovering those funds can require additional legal action.
The decision should balance your desire for better representation with the practical realities of cost and time.
How to Change Attorneys in a Florida Probate Case
If you decide to move forward, the process is straightforward but must be done correctly:
- Consult a new attorney – Meet with a Florida probate attorney who can review your case and explain what’s involved in the transition.
- Sign a substitution or withdrawal agreement – Your new attorney will typically prepare the necessary paperwork for court approval.
- Request your file – You’re entitled to receive a copy of the full probate file and all related documents.
- File notice with the court – The new attorney will notify the judge and all interested parties of the change.
- Continue administration seamlessly – Once the transition is approved, your new attorney can pick up where the last one left off.
Final Thoughts
Replacing a probate attorney is never a decision to take lightly — but sometimes, it’s necessary to protect both the estate and your peace of mind. If you’re uncertain whether it’s time to make a change, consider getting a second opinion first.
If you have questions about your Florida probate case or want to discuss whether changing attorneys makes sense for your situation, contact Bart Scovill, PLC for a consultation. Our firm is dedicated to helping families navigate probate with clarity and confidence. https://scovills.com/?p=3336
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