Contesting a will in Florida means asking a probate court to declare all or part of a will invalid, usually on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. A will challenge is brought by an “interested person” through a formal proceeding in the circuit court where the estate is being probated. Most contests must be filed within a strict statutory window, and once that window closes, the right to object is generally lost forever.
At our Palm Beach probate practice, we see will contests collide with something many families overlook: creditor claims. When an estate carries debt, contesting a will is not just a fight over who inherits, it is a fight over what is left after the estate’s creditors are paid. This guide walks through the grounds, the deadlines, and the process, with the creditor angle that so often decides who actually recovers anything.
What Does It Mean to Contest a Will in Florida?
A will contest is a challenge to the validity of a document that has been, or is about to be, admitted to probate. You are not arguing that the will is unfair or that you deserved more. You are arguing that the document is legally defective and should not govern how the decedent’s property passes.
That distinction matters. Florida courts will not rewrite a valid will simply because a child was disinherited or a long-time partner was left out. The court’s job is narrow: decide whether the will meets the legal requirements of Florida’s probate code. If it does, the will stands. If it does not, the court may strike the entire instrument or, in some cases, just an offending provision.
Will contests are litigated under Chapter 733 of the Florida Statutes and the Florida Probate Rules. They are adversarial proceedings, which means pleadings, discovery, depositions, and often a trial. They are not quick, and they are not cheap, so the threshold question is always whether the grounds are real and the recovery is worth the fight.
Who Can Contest a Will in Florida?
Only an “interested person” has standing to contest a will. Under Florida Statutes section 731.201(23), an interested person is 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 believe they are entitled to.
- Beneficiaries named in a prior will who were cut out or reduced by the newer document.
- Heirs at law (intestate heirs such as a spouse or children) who would inherit if the will were thrown out entirely.
- Creditors of the estate, whose interest in being paid can make them interested persons for certain purposes.
Standing is the first thing opposing counsel attacks. If invalidating the will would not actually improve your position, for example, if an earlier will or the intestacy statute would leave you with the same share, a court may find you have no standing to contest. We always map out the “what happens if we win” scenario before filing, because winning a contest that puts you in the same place, or a worse one, is no win at all.
Grounds for Contesting a Will
Florida recognizes a defined set of grounds. A vague sense that something was wrong is not enough; you need facts that fit one of these legal theories.
1. Lack of Testamentary Capacity
To make a valid will in Florida, the testator must be of “sound mind.” That means, at the moment of signing, they understood the nature and extent of their property, knew the natural objects of their bounty (typically close family), and understood that they were making a will that disposed of their property. Capacity is judged at the time of execution, not before and not after.
A diagnosis of dementia or Alzheimer’s does not automatically void a will. People can have lucid intervals. The evidence that wins these cases is contemporaneous: medical records around the signing date, the drafting attorney’s notes, witness recollections, and testimony about the testator’s behavior that day.
2. Undue Influence
Undue influence is the most common ground we litigate, and it is the one most relevant to estates where one person controlled the decedent’s finances. The claim is that someone in a position of trust overpowered the testator’s free will so that the will reflects the influencer’s wishes, not the testator’s.
Florida case law, anchored by In re Estate of Carpenter, lays out factors courts weigh, including whether the influencer was present at the execution of the will, recommended the attorney who drafted it, knew the contents beforehand, gave instructions to the drafter, or secured the witnesses. When a substantial beneficiary occupied a confidential relationship with the decedent and was actively involved in procuring the will, a presumption of undue influence can arise and shift the burden of explanation to that beneficiary.
3. Fraud
Fraud comes in two flavors. Fraud in the execution happens when the testator is deceived about what they are signing, for example, told a document is a power of attorney when it is actually a will. Fraud in the inducement happens when someone feeds the testator a lie that causes them to dispose of property differently than they otherwise would have.
4. Improper Execution
Florida has formal signing requirements under section 732.502. The will must be signed by the testator (or by another at the testator’s direction and in their presence) at the end of the document, and it must be signed by at least two attesting witnesses, each of whom signs in the presence of the testator and of each other. A will that fails these formalities can be invalidated no matter how clearly it reflects the decedent’s intent. Out-of-state wills add a wrinkle, and holographic (handwritten, unwitnessed) wills are generally not valid in Florida even if valid where written.
5. Duress, Mistake, and Revocation
Less common grounds include duress (the will was signed under threat), mistake, and the argument that a later will or a valid act of revocation superseded the document offered for probate. Forgery is also grounds, though it is comparatively rare and demands strong proof.
The Deadline: Florida’s 90-Day Window
Timing is where most would-be contests die. When a will is admitted to probate, the personal representative serves a Notice of Administration on interested persons. Under Florida Statutes section 733.212, an interested person who is served has 90 days from the date of service to file objections to the will’s validity, the qualifications of the personal representative, the venue, or the court’s jurisdiction. If you are served with formal notice before the will is admitted, the window can be as short as 20 days.
Miss the deadline and your objection is, with narrow exceptions, barred forever. These deadlines are not suggestions, and courts enforce them strictly. The moment you suspect a problem, the clock is the first thing to check.
The Will Contest Process, Step by Step
Once you have grounds and standing and you are inside the deadline, a Florida will contest generally proceeds like this:
- Investigate before you file. Gather the will, any prior wills, medical records, financial records, and a list of witnesses. We often request the drafting attorney’s file early.
- File a petition or objection in the circuit court handling the estate, stating the specific grounds. In Palm Beach County, that is the probate division of the Fifteenth Judicial Circuit.
- Serve the personal representative and interested parties and bring the dispute into a formal, adversarial posture.
- Discovery. Both sides exchange documents, answer interrogatories, and take depositions, of the witnesses, the drafting attorney, treating physicians, and the beneficiaries.
- Burden of proof. The will’s proponent generally must establish that it was properly executed. The challenger carries the burden on capacity, undue influence, and fraud, unless a presumption (such as undue influence) shifts it.
- Mediation. Florida courts routinely order mediation. The large majority of contests settle here, often because the litigation cost and the risk of losing push both sides toward a number.
- Trial. If mediation fails, a judge (these are non-jury proceedings) hears the evidence and rules. The court can admit the will, deny it, or strike specific provisions.
Will Contests and Creditor Claims: The Overlooked Collision
Here is the angle most general guides ignore, and the one that defines our practice. A will contest does not pause the estate’s obligations to its creditors. During administration, the personal representative must publish a Notice to Creditors, and creditors then have a limited window, generally three months from first publication (or 30 days from service of the notice, whichever is later, for known or reasonably ascertainable creditors), to file a statement of claim under section 733.702.
Two practical consequences follow:
- Winning the contest may not mean winning the money. If you succeed in striking a will and the estate is insolvent or heavily indebted, creditor claims are paid before beneficiaries see a dollar. We have watched heirs spend a year fighting over an estate that, after valid claims, had little left to distribute.
- Creditors have their own leverage. A creditor can be an interested person and may have a stake in which will controls, especially when different wills name different personal representatives or affect what assets flow through probate. Disputed or late creditor claims often get litigated in parallel with the contest.
For families in Palm Beach with debt-laden estates, mortgages, medical bills, business obligations, guarantees, the smart move is to value the contest net of creditor exposure before filing. A clear-eyed look at the claims docket frequently changes the strategy entirely.
No-Contest Clauses Are Unenforceable in Florida
Many out-of-state wills contain an in terrorem or “no-contest” clause that purports to disinherit anyone who challenges the will. Under Florida Statutes section 732.517, these clauses are unenforceable. A beneficiary in Florida can challenge a will without automatically forfeiting their inheritance for trying. This is a meaningful difference from many other states and one reason a Florida-specific analysis matters.
How Florida Compares to Other States
Probate rules vary sharply from state to state, which surprises families with property or relatives elsewhere. New York, for example, has a different framework for will challenges and probate types, as our colleagues describe in their overview of and in their detailed discussion of . If a decedent owned property in more than one state, you may face ancillary probate and more than one set of contest deadlines. For Florida estates specifically, our firm’s handles the local procedure, and you can review the basics of Florida wills on our site.
When to Call a Probate Litigation Attorney
Because of the 90-day deadline and the burden-shifting rules, a will contest is one of the worst areas to “wait and see.” If you have been served with a Notice of Administration, if you suspect a caregiver or relative engineered a last-minute change, or if you are a creditor unsure how a contest affects your claim, get an evaluation while the deadlines are still open. A short consultation can tell you whether you have a viable case, what it is realistically worth after creditors, and whether the cost of litigation makes sense. Contact our Palm Beach probate team to discuss the specifics of your situation.
Frequently Asked Questions
How long do I have to contest a will in Florida?
If you are served with a Notice of Administration after a will is admitted to probate, you generally have 90 days from the date of service to file your objection under Florida Statutes section 733.212. If you receive formal notice before the will is admitted, the window can be as short as 20 days. Missing the deadline almost always bars the contest permanently, so act as soon as you suspect a problem.
What are the most common grounds for contesting a will in Florida?
The recognized grounds are lack of testamentary capacity, undue influence, fraud, improper execution (failure to meet Florida’s signing and witnessing requirements under section 732.502), duress, mistake, and revocation by a later will. Undue influence is the most frequently litigated, especially where one person in a position of trust controlled the decedent’s affairs.
Can a creditor contest or be affected by a will contest in Florida?
Yes. A creditor can qualify as an interested person and may have a stake in the outcome. More importantly, valid creditor claims are paid before beneficiaries, so even a successful will contest can yield little if the estate is heavily indebted. Creditors must file claims within roughly three months of the first published Notice to Creditors under section 733.702.
Will I lose my inheritance if I challenge the will and lose?
In Florida, no-contest (in terrorem) clauses are unenforceable under Florida Statutes section 732.517. That means a beneficiary can challenge a will without automatically forfeiting their inheritance simply for bringing the challenge. You still bear the litigation costs and risk, but the clause itself cannot disinherit you for contesting.
Does a dementia diagnosis automatically invalidate a Florida will?
No. Capacity is measured at the moment the will is signed, and people with dementia can have lucid intervals. To void a will for lack of capacity, you must show that at the time of execution the testator did not understand their property, their heirs, or the act of making a will. Contemporaneous medical records and witness testimony around the signing date are the decisive evidence.
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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 .
