Data last verified: March 2026
Estate and probate mediation is a Florida civil mediation process in which a neutral Florida Supreme Court Certified Civil Mediator facilitates the resolution of disputes involving wills, trusts, estate administration, and fiduciary obligations outside of probate court.
Regina F. Zelonker, P.A., provides Estate and probate mediation in Palmetto Bay and Coral Gables, Miami-Dade County.
Regina F. Zelonker holds dual certification from the Florida Supreme Court in civil and family mediation and has practiced Florida law since 1978.
Schedule a consultation with Regina Zelonker at (305) 804-2450.
Estate and probate mediation is a circuit court civil mediation process governed by Chapter 44 of the Florida Statutes and classified under s. 44.1011(2)(b).
A neutral Florida Supreme Court Certified Civil Mediator facilitates structured negotiation between disputing parties in matters involving wills, trusts, estate administration, and fiduciary duties.
Florida Statutes. 44.405 renders all mediation communications confidential and privileged regardless of whether the parties reach an agreement.
Estate and probate disputes are simultaneously legal disputes and family crises. A contested will or trust proceeding forces grieving family members into an adversarial process that produces a winner, a loser, and a permanent public record.
Civil mediation gives the same family a private setting, a neutral facilitator, and the authority to write their own resolution without a judge deciding who was right.
A personal representative is the court-appointed individual responsible for administering a Florida estate under Chapter 733 of the Florida Statutes.
A trustee is the individual or institution that holds legal title to the trust assets and administers the trust under Chapter 736 of the Florida Trust Code.
A qualified beneficiary under s. 736.0103(16) is a living beneficiary currently eligible to receive trust distributions or who would be eligible if the trust terminated on the date of determination. All three parties may participate in civil mediation.
Parties may initiate mediation before filing any court action, after a proceeding has been filed, or following a court referral under s. 44.102. Miami-Dade circuit courts routinely refer contested probate and trust matters to civil mediation before scheduling a trial
Estate and probate mediation in Florida resolves will contests, trust administration disputes, breach-of-fiduciary-duty claims, beneficiary-distribution disputes, creditor-claim objections, and estate-asset valuation disagreements.
Chapter 733 and Chapter 736 of the Florida Statutes authorize any interested party to participate, including beneficiaries, personal representatives, trustees, heirs, and creditors.
Disputes most commonly involve siblings contesting the distribution of assets, beneficiaries challenging the trustee’s accounting, or personal representatives defending estate administration decisions.
Civil mediation resolves these disputes without generating a public court record or requiring each party to retain separate litigation counsel.
Beneficiaries in trust disputes: Mediation resolves trustee accounting disputes, discretionary distribution objections, trustee removal petitions, and breach of fiduciary duty claims under Chapter 736, Part X.
Family members contesting a will: Florida Statutes. 733.107 places the burden of establishing formal will execution on the proponent. Mediation allows both sides to negotiate a binding resolution before that burden is tested at trial.
Personal representatives and executors: Mediation resolves estate administration objections, creditor claim disputes under s. 733.702, and asset distribution disagreements under Chapter 733, Part VIII.
Attorneys referring clients: Regina F. Zelonker accepts referrals from Florida-licensed attorneys whose clients require a neutral Florida Supreme Court Certified Civil Mediator for Estate and probate disputes in Miami-Dade County.
|
Dispute Type |
Relevant Statute |
Who Is Typically Involved |
|
Will contest |
s. 733.107 |
Beneficiaries, heirs, personal representative |
|
Trust validity contest |
s. 736.0207 |
Beneficiaries, trustee, settlor’s estate |
|
Trustee breach of fiduciary duty |
Chapter 736, Part X |
Beneficiaries, trustee |
|
Estate asset distribution dispute |
Chapter 733, Part VIII |
Personal representative, beneficiaries |
|
Creditor claim objection |
s. 733.702 |
Personal representative, creditors |
|
Trustee accounting dispute |
s. 736.0813 |
Qualified beneficiaries, trustee |
|
Personal representative removal |
s. 733.504 |
Interested parties, personal representative |
Estate and probate mediation resolves disputes outside the Courts. Probate court litigation is public, adversarial, and judge-decided.
Civil mediation under s. 44.405 is confidential, party-controlled, and resolved by mutual agreement. Florida Statutes. 733.106 requires attorney fees in contested probate litigation to be drawn from estate assets.
Contested probate litigation generates a permanent public record. Every hearing and filing is searchable. Civil mediation keeps every disputed issue and every resolution term outside the public record under s. 44.405.
|
Factor |
Estate and probate Mediation |
Probate Court Litigation |
|
Privacy |
Fully confidential under s. 44.405 |
Public court record |
|
Decision-making |
Parties control the outcome |
Judge decides |
|
Timeline |
Weeks to months |
12 to 24 months is typical |
|
Family relationships |
Preserved through structured negotiation |
Often damaged by the adversarial process |
|
Finality |
Binding and enforceable settlement |
Subject to appeal |
|
Court involvement |
None required pre-filing |
Full court process |
Estate and probate mediation in Florida is confidential under Florida Statutes. 44.405. Florida Statutes. 44.405 renders privileged and inadmissible all party statements, documents produced solely for mediation, and admissions made during sessions in any subsequent court proceeding.
Confidentiality binds the mediator, all parties, and all attorneys present, regardless of outcome.
A party cannot use another party’s mediation statements as evidence at trial. With limited exceptions, the mediator cannot testify as a witness in any subsequent proceeding. The executed settlement agreement is not confidential.
A mediated settlement agreement is a binding written contract enforceable in the Miami-Dade circuit court.
|
Confidentiality Element |
Coverage Under s. 44.405 |
|
Statements made during mediation |
Privileged and inadmissible |
|
Documents produced solely for mediation |
Privileged and inadmissible |
|
Admissions made during sessions |
Privileged and inadmissible |
|
Mediator as witness |
Prohibited in subsequent proceedings with limited exceptions |
|
Settlement agreement |
Not confidential and is binding, and enforceable |
|
Applies if no settlement is reached |
Yes, not outcome-dependent |
Florida Estate and probate mediation follows five steps. The parties agree to mediate voluntarily or receive a court order under s. 44.102. Each party retains legal counsel and prepares a written mediation summary.
Regina F. Zelonker conducts a structured session at a location agreed upon by all parties. The parties negotiate and execute a binding settlement agreement if a resolution is reached.
The agreement is filed with the Miami-Dade circuit court if court approval is required.
Step 1: Agreement to Mediate or Court Referral. Parties initiate mediation voluntarily before any court filing. If a proceeding has been filed in Miami-Dade circuit court, the court refers the matter to mediation under s. 44.102. Civil mediation is available at any stage of the dispute, including after a probate case has already started.
Step 2: Preparation and Mediator Selection. Each party retains a Florida-licensed attorney, if not already represented, and prepares a written mediation summary that identifies disputed issues and supporting documents. Regina F. Zelonker is selected by agreement of all parties or by court appointment under s. 44.102.
Step 3: Mediation Session Regina F. Zelonker utilizes joint and private caucuses during mediation, as appropriate. . Florida Statutes. 44.405 protects all session communications from the moment the session begins.
Step 4: Settlement Agreement. Regina F. Zelonker supervises the drafting of a written settlement agreement that covers all resolved issues. Each party and retained counsel review and execute the agreement before the session closes. Unresolved issues proceed to litigation or a subsequent mediation session.
Step 5: Enforcement and Court Filing. The executed settlement agreement is enforceable in the circuit court. Agreements within a pending probate proceeding are filed with the court and entered as an order. Pre-filing agreements stand as standalone binding contracts. A Mediation Report is filed, reporting that an agreement was reached, that an impasse was reached or other result.
Estate and probate mediation is the right option when a will, trust, or estate dispute involves parties willing to negotiate in good faith and who prefer a confidential resolution over a public Miami-Dade Probate Court proceeding.
Civil mediation is not appropriate when a party requires emergency court relief, actively conceals assets requiring court-compelled discovery, or when an asset freeze is required before negotiation can begin. The attorneys can guide their clients as they determine.
Regina F. Zelonker, Florida Supreme Court Certified Civil Mediator, accepts referrals from Florida-licensed attorneys whose clients require a neutral mediator for Estate and probate disputes. Referring attorneys retain full representation throughout the mediation process.
Regina F. Zelonker maintains strict neutrality and is not permitted to communicate ex parte with any party outside the session.
Regina F. Zelonker accepts court-appointed mediator roles under s. 44.102 in addition to privately retained engagements.
Regina F. Zelonker is a Florida Supreme Court Certified Civil Mediator and Florida-licensed attorney serving Palmetto Bay and Coral Gables, Miami-Dade County.
Regina F. Zelonker has practiced Florida law since 1978 and holds active Florida Supreme Court certification in both civil and family mediation.
Clients and referring attorneys receive a mediator with over 47 years of Florida legal practice and direct statutory knowledge of Chapters 733, 736, and 44.
Regina F. Zelonker does not provide legal advice in mediation. Zelonker’s role is facilitation. Statutory knowledge of Florida trust and probate law raises the quality of that facilitation at every stage of every session.
Your family’s dispute stays private. Call Regina Zelonker at (305) 804-2450 to resolve your trust or estate matter confidentially and outside of court.
What is Estate and probate mediation in Florida?
Estate and probate mediation is a civil mediation process governed by Chapter 44 of the Florida Statutes. A Florida Supreme Court Certified Civil Mediator facilitates the resolution of will, trust, and estate disputes outside of probate court. All communications are confidential under s. 44.405.
What is the difference between a mediator and a probate attorney?
A probate attorney represents one party and advocates for that party’s interests. A Florida Supreme Court Certified Civil Mediator is a neutral facilitator who represents no party, provides no legal advice, and holds no decision-making authority.
Can mediation be used after a probate case has already started?
Yes. Civil mediation is available at any stage of a trust or estate dispute, including after a proceeding has been filed. Florida Statutes. 44.102 authorizes the court to refer a pending case to mediation at any point before trial.
Is Estate and probate mediation confidential in Florida?
Yes. Florida Statutes. 44.405 renders all mediation communications privileged and inadmissible in any subsequent court proceeding. Confidentiality covers all parties’ statements, admissions, and documents, regardless of whether mediation results in a settlement.
Can a will contest be resolved through mediation in Florida?
Yes. Will contests may be mediated before or after a proceeding is filed in Probate Court. Mediation allows both parties to negotiate a binding resolution before the burden-of-proof framework under s. 733.107 is tested at trial.
Can trust disputes be mediated in Florida?
Yes. Mediable disputes include trustee accounting disputes under s. 736.0813, breach of fiduciary duty claims under Chapter 736 Part X, and trust validity contests under s. 736.0207. Qualified beneficiaries, trustees, and successor trustees may all participate.
Who pays for Estate and probate mediation in Florida?
Mediation costs are typically divided equally between the parties or as they agree.
How long does Estate and probate mediation take in Florida?
Each case is different. It is the goal for mediation to resolve a dispute faster than litigation would.
What happens if mediation does not produce a settlement?
All parties retain full rights to pursue the dispute in Probate Court. Florida Statutes. 44.405 bars use of any mediation communication as evidence. A partial settlement reduces the scope of any litigation that follows.
Can a court require Estate and probate mediation in Florida?
Yes. Florida Statutes. 44.102 authorizes a circuit court to refer any filed civil action to mediation, including contested probate and trust proceedings. Miami-Dade circuit courts routinely refer these matters before scheduling a trial.
Does Regina Zelonker accept referrals from attorneys?
Yes. Regina F. Zelonker accepts referrals from Florida-licensed attorneys whose clients require a neutral Florida Supreme Court Certified Civil Mediator for Estate and probate disputes in Miami-Dade County. Referring attorneys retain full representation throughout.
