Your Rights and the Consequences
The probate process in Florida — especially in Miami-Dade — isn’t just slow and technical. It’s emotional. You’re grieving, managing family expectations, dealing with money, and relying heavily on the attorney you hired. But what if that attorney isn’t returning calls, missing deadlines, or simply isn’t the right fit?
Here’s the truth: you absolutely have the right to fire your probate attorney at any point in the process. But doing it mid-case has consequences — some manageable, some expensive, and some that can derail the estate entirely if done carelessly.
This is one of those decisions where you need clarity, not hesitation.
Your Right to Replace a Probate Attorney
Under Florida law, the personal representative (executor) has complete authority to choose — and replace — their attorney at any time. You don’t need a special reason. You don’t need court approval. You don’t owe anyone an apology.
If the attorney doesn’t communicate, isn’t moving the case forward, or simply doesn’t align with how you want the estate handled, you can terminate the relationship immediately.
But you need to understand what comes next — and what most people overlook.
Why People Fire Their Probate Attorney (The Real Reasons)
Most clients don’t fire their lawyer because of legal mistakes. They fire them because of behavior patterns that sabotage progress. The most common triggers in Miami probate cases include:
- Weeks of silence — calls and emails ignored
- No clear timeline or explanation of delays
- Unexpected bills or vague charges
- Poor courtroom performance
- Lack of initiative in dealing with uncooperative heirs
- Constant turnover within the law firm
- Feeling pressured into decisions you don’t understand
If any of these sound familiar, you’re not imagining it. These issues slow probate, frustrate the court, and ultimately cost the estate more money.
What Happens When You Fire Your Attorney
Firing your probate attorney isn’t as simple as switching doctors. Probate is a court-supervised process, and every attorney involved has obligations — even the one you’re letting go. Here’s what you’re stepping into:
1. You Must Notify the Attorney in Writing
A short, direct letter or email stating the relationship is terminated is enough. No argument. No emotional paragraphs. Just a clean break.
2. They Must Turn Over Your File
Florida Bar rules require the attorney to release the entire probate file to you or your new lawyer — including pleadings, correspondence, drafts, and evidence. They can’t hold it hostage.
3. They Can Claim Fees for Work Already Done
This is where many clients get blindsided. Even if you fire them, they can still submit a claim for “reasonable compensation” based on the hours they worked. In probate, those fees are usually paid from the estate, not your pocket — but they can reduce the estate value.
4. The Court Will Need New Attorney Information
If you’re the personal representative, the court expects you to be represented. Your new attorney will file a Notice of Appearance and take over.
5. There May Be Temporary Delays
Switching counsel pauses the momentum — sometimes days, sometimes weeks — depending on how complicated the estate is and how organized the file transfer is.
When Firing Your Probate Attorney Is the Right Move
✔ When deadlines are being missed
Probate already takes 6–18 months. An inattentive attorney can push that to years.
✔ When communication is nonexistent
If you’re chasing updates, something is broken. Probate is slow — but silence is not normal.
✔ When the attorney seems overwhelmed or inexperienced
Some lawyers handle one or two probate cases a year. Those cases usually suffer.
✔ When legal strategy is unclear or inconsistent
If you can’t get straight answers about timelines, filings, or obstacles, that’s a problem.
✔ When fees become unpredictable
Surprise invoices signal either sloppy work or mismanagement — both dangerous.
When Firing Your Attorney Can Backfire
✘ You’re in the middle of a contentious dispute
If litigation already started — such as a will challenge, heir dispute, or creditor objection — switching lawyers mid-fight can cause tactical setbacks.
✘ The attorney holds critical institutional knowledge
If the estate is complex (business assets, multiple properties, family conflict), the current lawyer may have insights a new one must spend weeks recreating.
✘ You’re acting out of frustration — not strategy
Probate brings stress, and sometimes frustration is aimed at the attorney when the real problem is the court, heirs, or paperwork delays. Make sure the issue is the attorney — not the system.
How to Switch Attorneys the Smart Way
1. Hire the new attorney BEFORE firing the old one
The moment you fire your current lawyer, you’re technically unrepresented. That’s risky in an active probate case. Lining up the replacement avoids gaps.
2. Request your file immediately
A sloppy or slow handoff is the #1 reason probate stalls after a lawyer change. Your new attorney needs everything fast.
3. Expect a short transition period
Give your new attorney room to understand the case before expecting instant movement.
4. Clarify outstanding fees
Your old attorney may file a fee petition. A strong new lawyer can negotiate or challenge unreasonable charges.
5. Don’t switch attorneys repeatedly
Judges notice. Frequent changes make you look uncertain — or worse, difficult — which can harm credibility.
Real-World Miami Example
A family in Kendall fired their probate attorney after six months of silence and constant delays. The lawyer hadn’t filed the inventory, creditors’ notices, or accounting. After hiring a new attorney, the court reviewed the file, noted the lack of progress, and faulted the original attorney — not the family.
With proper counsel, the estate was back on track within weeks.
Contrast that with a family in Aventura who fired their attorney in the middle of a heated will contest. The new lawyer had to redo months of work, costing the estate thousands and delaying resolution by nearly a year.
Takeaways
- You can fire your probate attorney at any time — it’s your legal right.
- The attorney must release your full file and may seek reasonable fees for work already done.
- A mid-process attorney change can cause temporary delays but may be the only way to get the case moving.
- Firing your attorney makes sense when communication fails, deadlines are missed, or trust breaks.
- Be strategic: hire the new attorney first, then terminate the old one cleanly.
- For complex or litigated estates, consider whether switching will help or hurt momentum.
Probate is hard enough. You shouldn’t stay tied to an attorney who slows you down, ignores you, or leaves you in the dark. If they’re not doing the job, replacing them may be the smartest move you make in the entire process.
