How to Contest a Will in Florida
Most people assume that once a will is filed with the probate court, it's final. It's not. Florida law gives interested parties the right to challenge a will if there's a legitimate legal reason to believe it shouldn't be enforced. But this process has strict rules, tight deadlines, and real consequences if you get it wrong.
If you're thinking about contesting a will, here's what you need to understand before you do anything.
What Does It Mean to Contest a Will?
Contesting a will means formally challenging its validity in a Florida probate court. You're not just saying you're unhappy with what you received. You're making a legal argument that the will itself is defective and should not be admitted to probate, or that it should be thrown out entirely.
This is different from a disagreement about how the estate is being administered. If the personal representative is mismanaging assets or ignoring creditors, that's a separate issue. A will contest goes to the core question: is this document a valid, enforceable will?
Who Can Contest a Will in Florida?
Not everyone has standing to challenge a will. Under Florida law, you must be an "interested person," which means someone who has a financial stake in the outcome. That typically includes:
- Beneficiaries named in the current will
- Beneficiaries named in a prior will
- Heirs who would inherit under Florida's intestacy laws if no valid will existed
- Creditors in some circumstances
If you wouldn't benefit from the will being invalidated, you probably don't have standing to contest it.
Grounds for Contesting a Will in Florida
You can't contest a will just because you're disappointed. Florida law requires specific legal grounds. The most common ones are:
1. Lack of Testamentary Capacity Under Florida Statute 732.501, a person must be at least 18 years old and of "sound mind" to make a valid will. If the person who made the will (the testator) was suffering from dementia, Alzheimer's, or another condition that affected their ability to understand what they owned, who their family was, or what they were signing, that will may be invalid.
2. Undue Influence This is one of the most common grounds in Florida will contests. Undue influence happens when someone exerts pressure on the testator, often a caregiver, family member, or romantic partner, to the point that the testator's free will is overridden. Florida Statute 732.5165 addresses this directly. Courts look at whether the influencer had a confidential relationship with the testator and whether the testator was vulnerable.
3. Fraud or Forgery If someone tricked the testator into signing a document they didn't understand, or if the signature itself is forged, the will is void.
4. Improper Execution Florida has specific requirements for how a will must be signed and witnessed. Under Florida Statute 732.502, the will must be signed by the testator in the presence of two witnesses, who must also sign. If those formalities weren't followed, the will can be challenged.
5. Revocation Sometimes a newer will exists, or the testator took steps to revoke the existing will before death. If someone is trying to probate an outdated document, that's a basis for a challenge.
The Deadline You Cannot Miss
This is critical. Under Florida Statute 733.212, once the probate court issues a formal Notice of Administration, interested parties generally have 90 days to file an objection. If you miss that window, you may lose your right to contest the will entirely, regardless of how strong your case is.
If you didn't receive proper notice, different rules may apply, but don't count on that. If you have concerns about a will, talk to an attorney immediately.
What the Process Actually Looks Like
Contesting a will is a formal legal proceeding inside the probate case. It typically involves:
- Filing a petition with the probate court laying out your legal grounds
- Discovery, where both sides gather evidence through depositions, medical records, financial records, and witness testimony
- Pre-trial motions
- Potentially a trial before a probate judge
This process can take anywhere from several months to a few years depending on the complexity of the case. You can get a rough sense of general probate timelines using our probate timeline guide.
Will contests are also expensive and emotionally draining. Before you file, you need an honest assessment of your evidence. Courts see weak will contests regularly, and pursuing one without solid grounds wastes time, money, and family relationships.
What Evidence Do You Need?
Strong will contest cases are built on concrete evidence, not gut feelings. Useful evidence includes:
- Medical records showing the testator's mental condition around the time the will was signed
- Testimony from doctors, nurses, or caregivers
- Prior wills that show a different intent
- Communications (emails, texts, letters) showing pressure or manipulation
- Testimony from witnesses to the signing
- Financial records showing changes in account ownership or beneficiary designations
The burden of proof matters here. In Florida, the person offering the will for probate has the initial burden of proving it was properly executed. Once that's established, the burden shifts to the person challenging it.
Can You Settle a Will Contest?
Yes. Many will contests in Florida settle before trial through a negotiated agreement among the parties. Florida Statute 733.815 allows interested parties to enter into private settlement agreements that can resolve disputes without prolonged litigation. This is often the most practical outcome for families who want closure without years of court battles.
If you're also thinking about how to protect your own estate from future disputes, our estate planning team can help you structure things properly from the start. You might also find our trust vs will guide useful for understanding which tools offer more protection against challenges.
Don't Wait to Get Advice
Will contests are time-sensitive and fact-intensive. Whether you're thinking about challenging a will or you've just been served with notice that someone is challenging one you're named in, the sooner you get legal counsel, the better your position.
At The Kogan Firm, P.A., Paul Kogan has spent over 17 years litigating complex disputes in South Florida courts, including estate and probate matters. If you have questions about a will you believe shouldn't be enforced, or if someone is challenging a will that affects you, we offer a free consultation to walk through your situation.
Contact us today or start your intake online to get the conversation started.
This post is for informational purposes only and does not constitute legal advice.
