Who Is An Interested Person In Probate?

By: David M. Garten, Esq.

ARTICLE: WHO IS AN “INTERESTED PERSON” IN PROBATE?

Have you ever represented a client in a probate dispute? If so, then chances are you had to
determine whether one or more parties to the dispute had standing. Only an “interested person”
has standing to pursue any available probate remedies. The purpose of this article is to provide
concrete examples of how case law and Florida Statutes define an “interested person” in probate
and testamentary trust proceedings. Whether this term applies to non-testamentary Trusts is
beyond the scope of this article.

I. STATUTORY DEFINITION OF AN “INTERESTED PERSON”:

Sec. 731.201(23), Fla. Stat. defines the term "interested person" as:

[A]ny person who may reasonably be expected to be affected by the outcome of