Contested Probate and Will Challenges in Palm Beach, FL: A Practical Checklist

Most Palm Beach estates pass through probate without a fight. But when a family member believes a will is invalid or a personal representative is acting improperly, Florida law provides a path to challenge it in the circuit court. Here is a practical checklist of what a contest involves.

Recognized Grounds to Challenge a Will

Florida courts will only set aside a will for specific reasons. The most common grounds include:

• Improper execution: the will did not meet the formalities of Section 732.502, which generally requires the testator’s signature and two witnesses who sign in each other’s presence and the testator’s presence.
• Lack of testamentary capacity: the testator did not understand the nature of the act, the property involved, or the natural objects of their bounty.
• Undue influence: someone in a position of trust overpowered the testator’s free will, often a concern when a caregiver or a recently close relative receives an unexpected share.
• Fraud, duress, or mistake.
• Revocation: a later valid will or codicil supersedes the document being offered.

Mind the Deadlines

Timing is critical. Once the personal representative serves formal notice of administration, an interested person typically has a limited window, often measured in months, to file objections to the will’s validity. Miss the deadline and the right to contest can be lost. If you suspect a problem with a Palm Beach estate, act quickly and document your concerns.

Who Can Bring a Challenge

Only an “interested person,” someone whose share of the estate could change based on the outcome, has standing. That usually means heirs, beneficiaries under the current or a prior will, or a surviving spouse. A no-contest clause in a Florida will is generally unenforceable, so a beneficiary does not automatically forfeit a gift merely by raising a legitimate challenge.

Disputes Beyond the Will Itself

Not every contest is about the will’s validity. Common Palm Beach probate disputes also include:

• Disagreements over who should serve as personal representative;
• Claims that the representative breached a fiduciary duty or mismanaged assets;
• Creditor-claim objections;
• Homestead disputes under Article X, Section 4;
• A surviving spouse’s elective-share claim under Section 732.2065 and following;
• Challenges to a revocable trust under Chapter 736, which often travel alongside a will contest.

Building or Defending a Case

1. Gather the wills, codicils, and any trust documents, including prior versions.
2. Collect medical records and witness accounts bearing on capacity around the signing date.
3. Document the relationship between the testator and anyone who may have exerted influence.
4. Preserve financial records showing transfers or beneficiary changes near the end of life.
5. Consider whether mediation, which Florida courts often encourage, could resolve the matter faster than trial.

Weigh the Cost and the Relationships

Litigation takes time and money and can strain family ties. Many Palm Beach disputes settle through negotiation or court-ordered mediation. A clear-eyed assessment of the evidence and the likely recovery should guide whether to push forward.

Consult a Florida Attorney

Will contests turn on strict deadlines, evidence, and Florida-specific standards for capacity and undue influence. If you are considering or facing a challenge to a Palm Beach estate, consult a licensed Florida probate litigation attorney promptly to protect your rights.