The Short Answer

In most Florida probate administrations, the probate attorney’s client is the personal representative (executor), not each beneficiary. Because the personal representative has fiduciary duties that can conflict with an individual beneficiary’s goals, the same lawyer often cannot ethically give you individualized legal advice without creating a conflict of interest.

What Florida Law Says

Florida probate law is built around the idea that the personal representative acts as a fiduciary administering the estate for the benefit of all interested persons, and the probate attorney is typically hired to advise and assist the personal representative in carrying out that administration. That structure is one reason beneficiaries should not assume the estate’s lawyer is “their” lawyer, even if the lawyer is courteous, shares updates, or answers general questions.

The Statute

The primary law governing this issue is Fla. Stat. § 733.602.

This statute establishes that the personal representative is a fiduciary who must settle and distribute the estate according to the will and Florida law, and must act for the best interests of the estate and interested persons—duties that can diverge from what a single beneficiary wants in a dispute.

Why You Should Speak with an Attorney

Even when everyone starts out “getting along,” probate can quickly become adversarial—especially around distributions, accountings, creditor issues, homestead questions, or allegations of mishandling. When that happens, one lawyer generally cannot serve two masters.

• Strict Deadlines: Beneficiary objections and disputes can arise on short timelines once filings, accountings, or petitions are served. Missing a deadline can limit your leverage or remedies.
• Burden of Proof: If you believe the personal representative is mishandling assets, withholding information, or self-dealing, you may need evidence and a legal theory that fits Florida probate standards—not just suspicion.
• Conflicts and Self-Dealing Risks: Florida law specifically flags conflict-of-interest transactions as problematic in estate administration. For example, certain transactions affected by a conflict of interest are voidable unless properly authorized or approved. See Fla. Stat. § 733.610.

If you need advice about your share, whether to object, whether to demand an accounting, whether to challenge a transaction, or whether to pursue a breach of fiduciary duty claim, you typically need your own counsel—someone whose duty of loyalty runs only to you.

For more background, you may also find these helpful: executor (personal representative) responsibilities in Florida and what to do if a personal representative withholds information.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.