When someone dies with an active lawsuit or unresolved legal claim, probate does not erase the dispute. In Florida, lawsuits and probate intersect, often slowing estate administration, increasing costs, and expanding executor responsibility.
Executors frequently underestimate how pending litigation affects probate — until court deadlines are missed or estates become frozen.
This article explains how Florida probate works when an estate has outstanding lawsuits or legal claims, who controls the litigation, and why these cases take longer.
Death Does Not End a Lawsuit
A pending lawsuit does not automatically terminate when a party dies.
In Florida:
- Most civil claims survive death
- The estate steps into the deceased’s legal position
- Probate must address the claim before closing
Whether the deceased was a plaintiff or defendant, probate becomes involved.
Who Has Authority to Handle Lawsuits During Probate?
Only the personal representative (executor) has authority to:
- Continue litigation
- Defend lawsuits
- Settle claims
- Hire litigation counsel
- Approve legal strategy
Beneficiaries and family members have no standing to act independently.
Authority begins only after Letters of Administration are issued.
If the Deceased Was Suing Someone Else
When the deceased was the plaintiff:
- The claim becomes an estate asset
- The executor decides whether to continue, settle, or dismiss
- Settlement proceeds belong to the estate
- Court approval may be required for settlement
Executors must evaluate litigation risk just like any other asset.
If the Deceased Was Being Sued
When the deceased was a defendant:
- The claim becomes a creditor issue
- Plaintiffs must pursue the estate
- Probate deadlines and procedures apply
- Judgments may affect estate solvency
Ignoring defense obligations exposes the estate — and potentially the executor — to harm.
How Lawsuits Affect Probate Timing
Outstanding legal claims almost always delay probate.
Delays occur because:
- Claim values are unknown
- Courts hesitate to distribute assets
- Reserves must be maintained
- Accountings remain open
- Final discharge is postponed
Probate typically cannot close until litigation is resolved or adequately reserved.
Creditor Claims vs. Lawsuits: Not the Same Thing
Florida distinguishes between:
- Probate creditor claims
- Independent civil lawsuits
Some lawsuits must comply with probate creditor deadlines. Others proceed outside probate but still affect estate assets.
Misclassifying a claim is a common executor mistake.
Settlement Requires Strategic Care
Settling a lawsuit during probate often requires:
- Court approval
- Beneficiary notice
- Disclosure of terms
- Analysis of fairness to the estate
Executors who settle without authority or documentation risk later challenges.
Executor Liability Risks With Pending Litigation
Executors may face exposure if they:
- Fail to defend claims
- Miss litigation deadlines
- Ignore court orders
- Distribute assets prematurely
- Settle without authority
- Underestimate claim value
Litigation requires active management, not passive waiting.
Can Probate Assets Be Distributed While Litigation Is Pending?
Sometimes — but cautiously.
Courts may allow:
- Partial distributions
- Reserves for potential judgments
- Restricted distributions with approval
Distributing too much, too soon is a frequent source of executor liability.
How Florida Probate Courts Manage Litigation Risk
Judges often:
- Require detailed disclosures
- Impose reserves
- Delay discharge
- Increase supervision
- Scrutinize settlements
- Limit executor discretion
Probate courts prioritize estate protection over speed.
What Happens If Litigation Arises After Probate Starts
New claims may surface after probate begins.
In those cases:
- Probate may be extended
- Supplemental proceedings may occur
- Executor authority continues
- Timelines reset or slow
Litigation introduced mid-probate often derails original schedules.
Insolvent Estates and Lawsuits
If lawsuits exceed estate assets:
- Probate may shift to insolvency administration
- Priority rules govern payment
- Beneficiaries may receive nothing
- Executor decisions are heavily scrutinized
Insolvency plus litigation is one of the most complex probate scenarios.
How Executors Should Handle Estates With Legal Claims
Executors should:
- Identify all pending or potential litigation early
- Retain probate and litigation counsel
- Calendar all deadlines
- Avoid premature distributions
- Seek court guidance on settlements
- Maintain documentation
Litigation is not background noise — it is a core probate risk.
Why These Estates Almost Always Take Longer
Probate with lawsuits takes longer because:
- Outcomes are uncertain
- Courts require caution
- Assets cannot be finalized
- Appeals may follow
- Settlements take time
No amount of pressure eliminates this reality.
Bottom Line
In Florida, probate does not pause lawsuits — it absorbs them. Estates with outstanding legal claims move slower, face higher scrutiny, and carry greater executor risk.
The most damaging mistake executors make is treating litigation as “separate from probate.” Courts do not.
