Contesting a Will in Florida: Grounds and Process Explained

Contesting a will in Florida means formally challenging the validity of a deceased person’s will in probate court, usually on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. Only an “interested person” with legal standing may bring a challenge, and Florida imposes strict deadlines once the will is admitted to probate. A successful contest can void all or part of the will, redirecting the estate to a prior valid will or to the state’s intestacy rules.

Few moments are as fraught as discovering that a parent’s last will leaves everything to a new caretaker, a recently added second spouse, or one child to the exclusion of the others. As probate attorneys serving Palm Beach County, we see these disputes often, and they rarely begin as accusations. They begin as a quiet, gnawing sense that something is wrong. This guide explains when that instinct rises to the level of a viable will contest, what you have to prove, and how the process actually unfolds in a Florida courtroom.

What It Means to Contest a Will in Florida

A will contest is not an appeal of a result you dislike. Disinheritance, by itself, is perfectly legal in Florida. A parent can leave you a single dollar or nothing at all, and the court will enforce that choice so long as the will is valid. A contest, then, attacks the validity of the document, not its fairness.

When a will is challenged and the challenge succeeds, the court does not rewrite the will to suit the objector. Instead, it sets the invalid will aside. The estate then passes under the most recent valid will, and if none exists, under Florida’s intestacy statute (Chapter 732, Florida Statutes), which distributes property to spouses and blood relatives in a fixed order. This is why understanding what comes after a contest matters as much as the contest itself.

Who Has Standing to Contest a Will

Florida law limits will contests to an “interested person,” defined in section 731.201(23) of the Florida Statutes as someone whose interest may be reasonably affected by the estate’s administration. In practice, that usually means:

• Beneficiaries named in the current will who would receive more under a different outcome.
• Beneficiaries named in a prior will that the contested will revoked.
• Heirs who would inherit under intestacy — typically spouses, children, and other close relatives — if no valid will existed.
• Creditors, in narrow circumstances where their claims are affected.

A neighbor who feels slighted, a friend who expected a bequest, or a distant relative who would inherit nothing in any scenario generally has no standing. The threshold question your attorney will ask first is blunt: if you win, do you end up better off? If the answer is no, the court will likely dismiss the petition before reaching the merits.

The Guardianship Connection

Many of the strongest will contests we handle began long before death, during a contested guardianship. When an elderly person is placed under guardianship because of declining capacity, that proceeding generates a paper trail — physician evaluations, capacity examinations, and court findings — that becomes powerful evidence if a will surfaces from the same period. A will signed while someone was already adjudicated incapacitated, or during the slide toward guardianship, invites close scrutiny. The transition from guardianship to probate is often where these cases are won or lost.

The Legal Grounds for Contesting a Will

You cannot contest a will simply because you believe it is unjust. You must allege and prove one or more recognized legal grounds. Florida courts recognize four primary bases.

1. Lack of Testamentary Capacity

To make a valid will, the person signing (the “testator”) must have a “sound mind” at the moment of signing. Under long-standing Florida case law, this means the testator must understand, in a general way, three things: the nature and extent of their property, the natural objects of their bounty (their family and close relations), and the practical effect of signing the will.

Capacity is measured at the time of execution — not the day before, not the week after. Someone with a dementia diagnosis can still have lucid intervals, and a will signed during such an interval can be valid. Conversely, a person who seemed fine socially may have lacked legal capacity at the critical moment. Medical records, contemporaneous notes, and the testimony of the attesting witnesses carry enormous weight here.

2. Undue Influence

Undue influence is the most commonly litigated ground in Florida, and the most fact-intensive. It occurs when someone exerts pressure that overpowers the testator’s free will, so the document reflects the influencer’s wishes rather than the testator’s own. Florida law presumes undue influence when three factors line up: a person who is a substantial beneficiary under the will, who occupied a confidential relationship with the testator, and who was active in procuring the will.

The Florida Supreme Court’s decision in In re Estate of Carpenter (1971) set out a list of factors courts weigh to determine active procurement — such as whether the beneficiary was present when the will was signed, recommended the attorney who drafted it, gave instructions to that attorney, or kept the executed will in safekeeping. When the presumption arises, the burden of proof shifts to the beneficiary to show the gift was untainted. That burden-shift is often the difference between a winnable and an unwinnable case.

3. Fraud, Duress, and Mistake

Fraud covers two scenarios. Fraud in the execution happens when the testator is deceived about the nature of the document itself — signing what they believe is a deed or a power of attorney that is in fact a will. Fraud in the inducement happens when the testator is fed lies that change how they distribute their estate, such as a false claim that one child stole money or abandoned the family. Duress, by contrast, involves coercion through threats. Each requires clear proof that the deception or coercion actually caused the disputed provisions.

4. Improper Execution

Florida sets formal requirements for a valid will in section 732.502 of the Florida Statutes. The will must be in writing, signed by the testator at the end (or by another at the testator’s direction and in their presence), and signed by at least two witnesses who were present together and witnessed either the signing or the testator’s acknowledgment of it. A will that skips a witness, or whose witnesses did not observe the required formalities, can be thrown out no matter how clearly it reflects the testator’s intent. Holographic (handwritten, unwitnessed) wills are not valid in Florida, even if valid in the state where they were written.

The Process of Contesting a Will, Step by Step

A Florida will contest follows a defined path through the probate division of the circuit court. In Palm Beach County, that is the probate division in West Palm Beach.

1. The will is admitted to probate. The named personal representative files the will, and the court issues notice. The clock for challenging starts here.
2. Formal notice triggers the deadline. Under section 733.212, an interested person served with formal notice of the petition for administration has 20 days from service to object to the will’s validity. If you receive a Notice of Administration, do not sit on it.
3. A petition or objection is filed. The contestant files a petition to revoke probate (section 733.109) or an objection, stating the specific grounds.
4. Discovery. Both sides exchange medical records, gather deposition testimony from the drafting attorney and witnesses, and may retain capacity or handwriting experts. This is the heart of the case and often where it settles.
5. Mediation. Florida courts routinely order probate disputes to mediation. A large share of contests resolve here, sparing the family a public trial.
6. Trial. If no settlement is reached, the matter is tried — usually to a judge, not a jury — who decides whether the will stands or falls.

Deadlines You Cannot Miss

Timing decides many contests before the merits are ever heard. The 20-day window after formal notice is unforgiving. Even if you never receive formal notice, section 733.212(3) generally bars objections that could have been raised earlier once the period to object has run. Separately, the four-year statute of repose in section 733.710 ultimately closes the door on most claims against an estate. The lesson is simple: the moment you suspect a problem, consult a probate litigator. Waiting is the single most common way a strong case dies.

The No-Contest Clause Question

Many wills include an “in terrorem” or no-contest clause threatening to disinherit anyone who challenges the document. Florida is one of the few states that refuses to enforce these clauses. Under section 732.517 of the Florida Statutes, a provision purporting to penalize an interested person for contesting a will or instituting other proceedings is unenforceable. That means a Florida beneficiary can pursue a good-faith contest without forfeiting an existing bequest — a protection that does not exist in many other states. If you are weighing a challenge to an out-of-state will, this distinction matters, and it is worth comparing how other jurisdictions treat , where the rules and penalty clauses differ considerably.

What Happens to the Estate While the Contest Is Pending

Filing a contest does not freeze the world. The estate still has bills, taxes, and assets to safeguard. The personal representative continues to administer the estate, though a court may restrict major distributions until the dispute resolves. Understanding how the broader administration runs alongside litigation helps set realistic expectations; the mechanics of shape what a contestant can realistically recover and when. For Florida-specific administration matters, our firm’s overview of walks through the personal representative’s duties in detail.

Should You Contest? A Candid Assessment

Will contests are emotionally and financially costly. Before filing, weigh a few realities. The standard of proof is meaningful; suspicion is not evidence. Estate litigation can run months or years. And family relationships rarely survive intact. That said, when capacity was genuinely absent, when a caretaker engineered a last-minute change, or when a will was never properly executed, a contest may be the only way to honor what your loved one actually intended.

If you are evaluating a challenge, gather what you can early: prior wills, medical records, the names of the witnesses, and any communications around the time of signing. Then talk to a probate attorney before the deadline runs. You can reach our West Palm Beach probate team to assess whether you have standing and a viable ground. You may also find our overviews of Florida wills and the broader Florida probate process helpful background before that conversation.

Frequently Asked Questions

How long do I have to contest a will in Florida?

If you are served with formal notice of the petition for administration, you generally have 20 days from service to object under section 733.212. A separate four-year statute of repose under section 733.710 ultimately bars most claims. Because the windows are short and strictly enforced, consult a probate attorney as soon as you suspect a problem.

Can I be disinherited just for contesting a will in Florida?

No. Under section 732.517 of the Florida Statutes, no-contest (in terrorem) clauses are unenforceable in Florida. A beneficiary may bring a good-faith challenge without forfeiting a bequest the will already grants them.

What is the most common ground for contesting a will in Florida?

Undue influence is the most frequently litigated ground. Florida law presumes undue influence when a substantial beneficiary who had a confidential relationship with the testator was active in procuring the will, which shifts the burden of proof to that beneficiary.

What happens to the estate if a will is successfully contested?

The court sets the invalid will aside. The estate then passes under the most recent valid prior will, or, if none exists, under Florida’s intestacy statute (Chapter 732), which distributes property to the spouse and blood relatives in a fixed order.

Are handwritten wills valid in Florida?

No. Florida does not recognize holographic (handwritten, unwitnessed) wills, even if they were validly executed in another state. A valid Florida will must be signed by the testator and witnessed by two people under section 732.502.