Contesting a will in Florida means asking a probate court to declare a will (or part of one) invalid because it was not properly executed, the person who signed it lacked capacity, or someone exerted improper influence over them. Only an “interested person” with legal standing may bring the challenge, and there are strict deadlines once the will is admitted to probate. If the court agrees, it sets the will aside and the estate passes under an earlier valid will or, if none exists, under Florida’s intestacy statutes.
I’ve spent years on both sides of these disputes here in Palm Beach County, and I’ll tell you up front: a will contest is not a place for hurt feelings dressed up as a lawsuit. Judges have seen every version of “Mom always promised me the house.” What moves a probate court is evidence that the document in front of it doesn’t reflect the genuine, freely formed intent of the person who died. This article walks through the real grounds, who can sue, the timeline, and what the fight actually looks like.
What Does It Mean to Contest a Will?
A will contest is a formal legal challenge filed in the circuit court (probate division) of the county where the estate is being administered. It is different from simply disagreeing with how an executor — in Florida, the personal representative — is handling things. A contest attacks the validity of the will itself.
When a will is challenged and the challenge succeeds, one of two things happens. If there is a prior valid will, the estate may be administered under that earlier document. If there isn’t, the property is distributed according to Florida’s intestate succession rules under Chapter 732 of the Florida Statutes — which is exactly why so many contested estates end up in our wheelhouse as a firm focused on no-will and partially-invalid estates.
Who Can Contest a Will in Florida?
Not everyone gets to walk into a courthouse and object. Florida law limits standing to an interested person — defined in Florida Statutes § 731.201(23) as someone who may reasonably be expected to be affected by the outcome of the proceeding. In practice, that usually means:
- Beneficiaries named in the current will who would receive less than they expected.
- Beneficiaries from a prior will who were cut out or reduced by the newer document.
- Heirs at law — the spouse, children, or other relatives who would inherit under intestacy if no valid will existed.
- Creditors, in narrower circumstances tied to their claims.
A neighbor, a caregiver who feels slighted, or a charity that was hoping for a gift generally has no standing. The threshold question your attorney will ask is blunt: if you win, do you end up better off? If the answer is no, the court has no reason to hear you.
The Legal Grounds for Contesting a Will
Florida recognizes a handful of grounds, and a successful contest almost always rests on one or more of them. Vague unfairness is not on the list.
1. Improper Execution (Failure of Formalities)
Florida is strict about how a will must be signed. Under Florida Statutes § 732.502, a valid will must be in writing, signed by the testator at the end (or by someone else at the testator’s direction and in their presence), and witnessed by two competent witnesses who sign in the presence of the testator and of each other. Miss any of these steps and the will can fall.
I have seen wills invalidated because the witnesses signed in another room, or because the testator initialed pages but the actual signature was missing. Holographic wills — handwritten and unwitnessed — are not valid in Florida even if they are perfectly valid in another state, and oral (nuncupative) wills carry no weight here at all.
2. Lack of Testamentary Capacity
The testator must have had a “sound mind” when signing. The standard is lower than many families assume: the person needed to understand, in a general way, the nature and extent of their property, who their natural heirs are, and that they were making a plan to distribute that property at death. A diagnosis of dementia, by itself, does not automatically void a will. The question is capacity at the moment of signing, which is why medical records, the drafting attorney’s notes, and witness testimony become so important.
3. Undue Influence
This is the most commonly litigated ground, and the most fact-intensive. Undue influence means someone overcame the testator’s free will — through pressure, isolation, or manipulation — so that the will reflects the influencer’s wishes rather than the testator’s. Florida courts look at factors drawn from the landmark case In re Estate of Carpenter, including whether the alleged influencer:
- Was present when the will was executed;
- Was present when the testator expressed a desire to make the will;
- Recommended the attorney who drafted it;
- Knew the contents of the will before execution;
- Gave instructions to the drafting attorney;
- Secured the witnesses; and
- Kept the will in their possession after execution.
When a substantial beneficiary occupied a confidential relationship with the testator and was active in procuring the will, a presumption of undue influence can arise, shifting the burden to that person to explain themselves. This is the mechanism many of the ultimately turn on, in Florida and in New York alike.
4. Fraud, Duress, or Mistake
Fraud comes in two flavors: fraud in the execution (the testator was tricked about what they were signing) and fraud in the inducement (the testator was lied to about facts that shaped their decisions). Duress involves threats or coercion. A genuine mistake — signing the wrong document, for instance — can also be grounds, though courts are cautious here because they will not rewrite a will simply because the result seems harsh.
5. Revocation
A will may have been validly revoked by a later will, a codicil, or a physical act such as tearing or burning it with intent to revoke. If a newer instrument exists, the older one offered for probate may be invalid.
The Florida Will Contest Process, Step by Step
Here’s how these cases actually move through the system in Florida.
Step 1: The Will Is Admitted to Probate and Notice Goes Out
The personal representative files the will and petitions for administration. Interested persons receive a Notice of Administration under Florida Statutes § 733.212. This notice is the starting gun — and it carries the deadline that ends more contests than any legal argument ever will.
Step 2: Watch the Clock
Once you are served with formal notice of administration, you generally have three months to file an objection challenging the validity of the will, the venue, or the court’s jurisdiction. Miss that window and your right to contest is typically barred forever. This is far shorter than the deadlines for most other lawsuits, and it is the single most common reason people lose the ability to fight. If you suspect a problem, call a lawyer the week the notice arrives — not the month before the deadline.
Step 3: File the Objection and Petition
The contestant files a formal objection and a petition for revocation of probate under Florida Statutes § 733.109, laying out the specific grounds. General accusations won’t survive; the pleading must identify what was wrong and why.
Step 4: Discovery
This is where cases are won and lost. The parties exchange documents and take depositions — medical and pharmacy records, the drafting attorney’s file, bank statements showing financial dependence or sudden transfers, emails and texts, and testimony from caregivers, family, and witnesses. In an undue influence case, the timeline of who had access to the testator and who controlled the money tells the story.
Step 5: Burden of Proof
Once a will is admitted, the proponent of the will (usually the personal representative) carries the burden of establishing its validity. But the practical burden shifts depending on the ground. In a presumed undue influence case, for example, the beneficiary who was active in procuring the will must come forward with a reasonable explanation.
Step 6: Mediation and Resolution
Florida courts frequently order mediation, and the majority of contests settle. A negotiated outcome lets families avoid the cost, delay, and public airing of grievances that a trial guarantees. When settlement fails, the case proceeds to a bench trial before a probate judge — there is no jury in Florida will contests.
What a Will Contest Costs — and the No-Contest Clause Question
Litigation is expensive and slow; a contested estate can stay open for a year or more, with the assets frozen while the fight plays out. Some wills include an in terrorem or “no-contest” clause that purports to disinherit anyone who challenges the will. Here’s the good news for legitimate challengers: under Florida Statutes § 732.517, no-contest clauses are unenforceable in Florida. You will not forfeit your inheritance simply for raising a good-faith challenge.
That said, attorney’s fees in probate litigation can sometimes be charged against the estate or against a party who acted in bad faith, so the financial calculus deserves a candid conversation before you file.
When a Successful Contest Leads to Intestacy
If a will is thrown out and there is no valid prior will, the estate becomes intestate and Florida’s succession statutes take over. The surviving spouse and descendants inherit in shares fixed by law — not by anyone’s wishes. Because that outcome is so common after a successful contest, it pays to work with counsel who understands both sides of the equation: how to win the contest and how the estate will actually be divided afterward. Our firm and our colleagues handling see this pattern constantly.
The same dynamics drive disputes well beyond Florida. Families with property in multiple states often face parallel proceedings, and the team handling coordinates on exactly these cross-border estates. Whether the will at issue was signed in West Palm Beach or Manhattan, the core questions — capacity, influence, formalities — rhyme.
Practical Advice Before You File
- Act fast. The three-month objection deadline is unforgiving.
- Gather records early. Medical, financial, and the attorney’s drafting file matter more than your memory of conversations.
- Be honest about standing. If winning doesn’t improve your position, the court won’t entertain the case.
- Consider the family cost. These fights are public and they last. Mediation often serves everyone better than trial.
If you believe a will filed in Palm Beach County doesn’t reflect what your loved one actually wanted, don’t wait. Reach out to our Palm Beach probate team for a candid assessment of your grounds and your deadline. You can also review our overview of Florida wills and execution requirements to understand what a valid will should have looked like in the first place.
Frequently Asked Questions
How long do I have to contest a will in Florida?
In most cases, you have three months from the date you are served with the formal Notice of Administration to file an objection challenging the will’s validity. Missing this deadline usually bars your right to contest permanently, so it is critical to consult a probate attorney as soon as you receive notice.
What are the most common grounds for contesting a will in Florida?
The recognized grounds are improper execution (failure to meet the witnessing formalities in Florida Statutes section 732.502), lack of testamentary capacity, undue influence, fraud or duress, and revocation by a later document. Undue influence is the most frequently litigated, especially when a beneficiary in a confidential relationship was active in procuring the will.
Will I lose my inheritance if I challenge the will and lose?
No. Under Florida Statutes section 732.517, no-contest (in terrorem) clauses are unenforceable in Florida. You will not forfeit a gift simply for bringing a good-faith challenge, though you should still weigh the cost and time involved before filing.
Who has the legal right to contest a will in Florida?
Only an ‘interested person’ under Florida Statutes section 731.201(23) has standing — typically a beneficiary under the current or a prior will, or an heir at law who would inherit under intestacy if the will were invalid. If a successful challenge would not improve your position, you generally lack standing.
What happens to the estate if a will is successfully overturned?
If a prior valid will exists, the estate is administered under that earlier document. If no valid will remains, the estate becomes intestate and is distributed according to Florida’s succession statutes in Chapter 732, which fix shares for the surviving spouse and descendants by law.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
