Thinking About Contesting a Will in Florida? Start With a Clear Plan.

To contest a will in Florida, you file an objection in probate court. The main deadline is 3 months after you are served with a notice of administration. Your challenge must rest on a legal ground, such as lack of capacity, undue influence, fraud, duress or improper signing. This guide explains each step, so you can check your dates early.

What a Will Contest Is and Who Can Bring One

A will contest is a formal challenge, filed in probate court, to the validity of a will. It asks the court not to admit the will to probate, or to revoke it. Heirs, beneficiaries under an earlier will, and others with a real interest in the estate may object to a will, and when an interested person is served with a copy of the notice of administration, a three-month deadline under Fla. Stat. § 733.212(3) begins to run.

A contest starts only after the person who made the will has died. Fla. Stat. § 732.518 says an action to contest a will may not be commenced before the testator’s death.

Trust Counsel advises and represents trustees, personal representatives (often called executors) and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. A will contest is different from a trust dispute, which follows its own rules. Trust Counsel’s trust litigation attorneys handle both kinds of matters.

Legal Grounds for Contesting a Will in Florida

Will disputes can involve many different kinds of concerns, and each one turns on its own facts. Each ground needs facts that support it.

• Read more on the lack of capacity in a Florida will page.
• Undue influence. This claim says someone pressured or manipulated the testator into changing the will. Florida presumes undue influence in some relationships of trust. Under Fla. Stat. § 733.107, that presumption shifts the burden of proof. A related inheritance issue is covered in our tortious interference in an inheritance overview.
• Fraud, duress or mistake. Under Fla. Stat. § 732.5165, a will is void if its execution was procured by fraud, duress, mistake or undue influence. The same rule applies to any part of a will procured that way.
• Improper execution. Under Fla. Stat. § 732.502, a will must be in writing. The testator must sign at the end, or have another person sign in the testator’s presence and by direction. The signing or acknowledgment must happen in the presence of at least two attesting witnesses. The witnesses must sign in the testator’s presence and in each other’s presence.

Deadlines and Filing Requirements

The key deadline is 3 months after service of the notice of administration. Under Fla. Stat. § 733.212, an interested person served with notice must file an objection to the will’s validity, venue or jurisdiction within 3 months. If the person does not, those objections are forever barred.

Note these limits in the same statute:

• The 3-month period may be extended only for estoppel based on a misstatement by the personal representative about the deadline.
• It cannot be extended for failure to disclose information or for misconduct by the personal representative or anyone else.
• The outer limit is the earlier of a final discharge order or 1 year after service.

Write down the service date as soon as the notice arrives. Fla. Prob. R. 5.240 requires the notice to state this 3-month deadline.

Yes, the original will goes to the court. Under Fla. Stat. § 732.901, the custodian of a will must deposit it with the clerk of the court within 10 days after learning the testator has died. The clerk must keep the original for at least 20 years.

Step-by-Step: How a Florida Will Contest Proceeds

Here is the usual order of a will contest. The details depend on the facts of your case.

1. Secure the documents. Get the will, any earlier wills and codicils, the notice of administration and the probate file from the clerk.
2. Test the facts against each ground. Review medical records, the drafting history, who was present at signing, and changes to the estate plan.
3. File the objection or petition. Do this within the statutory deadline.
4. Take discovery. Under Fla. Prob. R. 5.080, the Florida Rules of Civil Procedure on discovery apply in probate. These include depositions, document requests and subpoenas. The court can limit discovery to conserve estate assets.
5. Carry the burden of proof. The will’s proponent first shows the will was formally executed and attested. Then you must prove the grounds for your challenge. See Fla. Stat. § 733.107.
6. Negotiate or go to trial. Many disputes settle through talks or mediation. Any case not resolved goes to trial.

Preserve evidence early. Keep medical records, letters, bank transfers, emails and names of people who saw the signing. Witnesses who can explain the testator’s health may be important to the case.

Costs and the Free First Consultation

Your first step is a free first consultation. It is confidential and carries no obligation to continue. Bring the will, the death certificate, the notice of administration and any prior estate plan. This helps the attorney check your dates and grounds. The consultation is also the place to ask how costs would work for your matter.

Why Trust Counsel for a Will Contest

Trust Counsel’s only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.

The firm focuses on trusts and estates matters. That includes probate litigation, trust litigation, guardianship and estate planning. Leslie V. Marenco is the responsible lawyer for this page. The firm’s lawyers include Leslie V. Marenco and Tanya Vega. Support staff assist the lawyers.

Frequently Asked Questions

Talk With a Florida Trust Litigation Attorney

If you are reviewing a parent’s or relative’s will while a notice or deadline is already in hand, you may feel rushed. Your dates matter most right now. A free, confidential first consultation, with no obligation to continue, can help you check them. Call (305) 707-7126 or schedule online.