Probate Misunderstandings: Why the Estate Attorney Doesn’t Represent the Heirs

When a loved one passes away and their estate enters probate, it’s common for emotions to run high and confusion to follow. One of the most frequent misunderstandings we see at The Soto Law Office is the belief that the attorney for the personal representative represents the beneficiaries.

After all, the beneficiaries are the ones receiving the inheritance, right? Not exactly.

Who the Estate Attorney Represents

Under Florida law, there is an attorney who represents the Personal Representative (the person appointed to manage the estate). This representation is connected to the role, not the individual. The attorney’s responsibility is to help the Personal Representative carry out their legal duties, including identifying and managing assets, paying off valid debts, and distributing the remainder according to the terms of the will or Florida’s intestacy laws.

This attorney does not represent the beneficiaries. This means the attorney cannot give legal advice to beneficiaries, nor can they act as a neutral resource for all parties. Doing so could create a conflict of interest and violate ethical rules.

How the Estate Attorney May Respond to Questions

It’s completely understandable that beneficiaries want to stay informed during the probate process. However, it’s important to know that the way the estate attorney communicates may not look like traditional customer service or open dialogue.

Since the attorney represents the Personal Representative they have a legal and ethical obligation to serve that client’s interests. This means the attorney’s responses—if any—are often limited to what is appropriate under the law and their role. Instead of individualized updates, you may receive information through formal probate notices, court filings, or periodic updates issued by the Personal Representative.

Even when the attorney is knowledgeable about your concerns, they may be restricted from sharing details directly unless authorized by their client or required by the court. If you’re seeking more information, your best option may be to hire your own attorney to represent you as a beneficiary.

Legal Fees and the Estate

Another important point to understand is how legal fees are handled in probate. In Florida, the attorney’s fees are typically paid from the estate before any distributions to heirs. This means that every phone call, email, or extra task the attorney takes on may reduce the overall value of the estate—and therefore the inheritance each beneficiary receives.

For example, if one heir frequently calls the attorney with questions or objections, those hours add up. The estate pays for that time, and all beneficiaries could see their share decrease.

When Beneficiaries Take Matters Into Their Own Hands

Sometimes, a beneficiary who feels left out or frustrated may try to handle things themselves. They might download forms online and file documents in court, hoping to move things along or address their concerns. Unfortunately, these efforts often cause more problems than they solve.

Improper filings can:

• Include incorrect information

• Fail to meet Florida’s legal requirements

• Delay the process with additional hearings

• Increase the workload for the estate’s attorney
  

And once again, any time spent correcting these issues gets billed to the estate. Additionally, an attorney might be required depending on the type of probate that is filed.

A Better Approach: Get Independent Representation

If you’re a beneficiary and you don’t understand what’s happening in the probate case—or you’re worried about how the estate is being managed—the best step you can take is to hire your own probate attorney.

Your attorney can:

• Explain the probate process and your rights under Florida law

• Request information on your behalf from the Personal Representative’s attorney

• File appropriate documents with the court if needed

• Help you avoid mistakes and unnecessary expenses
  

Having your own lawyer gives you peace of mind. It also helps the process move more efficiently and prevents misunderstandings that could result in delays or increased legal costs for everyone involved.

We're Here for You

At The Soto Law Office, we know that probate can be stressful and confusing. Whether you’re serving as a Personal Representative or named as a beneficiary, you deserve guidance you can trust.

If you’re feeling unsure or unheard during a probate matter, don’t try to go it alone. We’re here to help you understand your rights and protect your interests.

Call us at (321) 972-2279 or visit www.TheSotoLawOffice.com to schedule a consultation.

Let’s make sure your questions are answered and your role in the probate process is clear—without compromising your share of the estate.