Facing a Florida Will Contest Hearing? Understand the Process Before You Walk In

If you want to know what happens at a will contest hearing in Florida, here is the short answer. The probate judge hears evidence on the grounds someone raised, then decides whether the will is admitted to probate. The process starts with a written objection and a strict deadline. This guide walks through each step in plain language.

What a Florida Will Contest Hearing Is and Where It Fits in Probate

A will contest hearing is the point where the probate court decides whether a challenged will should be admitted. A contest usually happens inside an open probate case. The person challenging the will files an objection with the court. The hearing is one stage of that case, not a separate lawsuit.

The deadline matters most. Under Fla. Stat. § 733.212, an interested person served with a notice of administration must object to the will’s validity, the venue or the court’s jurisdiction within 3 months after service. Objections that are missed are forever barred. The clock runs from service on you, so check the date on your notice. The 3-month period can be extended only for estoppel based on a misstatement by the personal representative (the person running the estate, often called an executor).

Who Can Object and Who Gets Notice

Interested persons, meaning people with a financial or legal stake in the estate, can object once they are served. The personal representative must promptly serve notice on certain known people. The personal representative may also serve devisees under a known prior will, heirs, and others who claim or may claim an interest in the estate.

Anyone served can ask for a copy of the will. Under Florida Probate Rule 5.240, the personal representative of a testate estate must, on written request, furnish a copy of the will and all codicils admitted to probate. The court can direct otherwise.

Write down the date the notice of administration was served on you. That service date starts the objection period. If you are a fiduciary, the firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative.

The Grounds the Court Examines

The court looks at whether the will was validly made, whether the maker had capacity, and whether pressure or fraud shaped it. Each ground has its own rule.

Capacity starts with age and mind. Under Fla. Stat. § 732.501, a person must be of sound mind and either 18 or older or an emancipated minor to make a will.

Execution has its own formal steps. Under Fla. Stat. § 732.502, the will must be in writing and signed at the end by the testator, or by another person who signs the testator’s name in the testator’s presence and at the testator’s direction. The signing or acknowledgment must happen in front of at least two attesting witnesses. Those witnesses must sign in the presence of the testator and of each other.

Pressure and fraud are separate grounds. Under Fla. Stat. § 732.5165, a will is void if its execution was procured by fraud, duress, mistake or undue influence. If only part was procured that way, that part is void. The rest can stand if it isn’t invalid for other reasons.

Undue influence can also trigger a presumption. Under Fla. Stat. § 733.107, the presumption implements public policy against abuse of fiduciary or confidential relationships. It shifts the burden of proof. A suspected forged will raises its own questions.

The Evidence the Court Looks At

The court looks first at the will itself and whether it was properly signed and witnessed. A self-proving affidavit can help at that stage. Under Fla. Stat. § 732.503, a will can be made self-proved through the testator’s acknowledgment and the witnesses’ affidavits, made before an officer who can administer oaths. Under Fla. Stat. § 733.107, that affidavit is admissible and establishes prima facie the will’s formal execution and attestation. It doesn’t end the contest on the other grounds.

Beyond the document itself, medical records from around the signing date may bear on the questions a court considers. They also look at the drafting file and at changes to bank accounts or beneficiary designations, including when those changes happened. Letters, emails and texts in which the maker described family and property can matter too. Each piece is weighed against the others.

Where the presumption of undue influence applies, it shifts the burden of proof under Florida law, as Fla. Stat. § 733.107(2) provides. The guide lists warning signs such as physical dependency and mistreatment. That is general information, not Florida law.

The Witnesses Who Testify

The witnesses are usually the people who saw the signing, the people who drafted the will, and the people who knew the maker’s daily condition. Which witnesses testify depends on the grounds raised.

Attesting witnesses often come first, since Florida generally requires at least two, subject to statutory exceptions for certain wills executed by nonresidents and for military testamentary instruments. They describe the signing and what the maker said and seemed to understand at that moment. The drafting attorney and office staff can describe the instructions given and the file they kept. Treating doctors can explain the maker’s health and medications around the signing date. Family members, caregivers and friends may describe daily life.

Their accounts are tested through cross-examination, when the other side asks its own questions. A useful first step is to list who was present for each important event.

How the Hearing Runs, Step by Step

Under Florida Probate Rule 5.275, the proponent of the will must first establish prima facie its formal execution and attestation. After that, the contestant must establish the grounds on which probate is opposed. Where the presumption of undue influence applies, it shifts the burden of proof under sections 90.301 to 90.304 of the Florida Statutes.

The process usually runs in order. The objection is filed. The parties exchange documents and testimony in discovery. Pretrial motions narrow the issues. The parties may also try mediation, a process where a neutral helps people reach agreement. Mediation is a process that may offer a faster resolution than litigation in some disputes.

At the evidentiary hearing, each side presents its evidence and witnesses. The other side cross-examines them. Both sides then give closing arguments.

Who Decides the Contest

A probate judge decides whether the will is admitted. The ruling is entered as an order in the probate case. The judge weighs testimony and documents and makes findings on each ground raised. The judge decides the legal questions the objection raises, such as capacity, execution and undue influence. Under Fla. Stat. § 731.301, persons given proper notice of a proceeding are bound by all orders entered in that proceeding.

A settlement can also end a contest before a ruling. Rulings can be reviewed on appeal under the rules that govern appellate review. The outcome depends on the facts of each record. No one can say in advance how a judge will weigh a particular set of facts.

Talking Through Your Situation With Trust Counsel, PL

If you are an adult child who just received a probate notice about a parent’s will, you may be deciding quickly what to do. The choices in front of you are concrete. You can object within the 3-month window, gather records now, or check whether what you already know fits any ground above.

Leslie V. Marenco is the responsible lawyer for this page. The only office is in Coral Gables. We serve clients in Boca Raton, Fort Lauderdale and West Palm Beach. The first consultation is free, confidential and comes with no obligation to continue. Call (305) 707-7126 or schedule online.