How to Contest a Will in Florida: Grounds, Deadlines and the Process

Finding out that a parent’s will leaves everything to a new spouse, a caregiver, or one sibling can be painful, especially when it looks nothing like what your parent always said they wanted. Sometimes the will reflects a real change of heart. Other times, something went wrong: the person was not thinking clearly, someone pressured them, or the document was not signed properly at all.

Florida allows interested people to challenge a will in probate court, but the rules are strict and the deadlines are short. This guide explains how to contest a will in Florida in plain language: who can bring a challenge, the legal grounds that work, the deadlines you cannot miss, how the probate litigation process unfolds, what it costs, and how to protect your own will from a challenge.

Can You Contest a Will in Florida?

Yes, but only after the person who made the will has died. Florida does not allow a will to be challenged while the person is still alive. Once the will is filed with the probate court, an interested person can object to it and ask the court to refuse to admit it or to revoke its admission.

Being unhappy with the will is not enough. You need a legal reason, and you need evidence. A person of sound mind can leave their property to anyone they choose, including disinheriting adult children, as explained in can you disinherit a spouse or child in Florida.

Who Can Contest a Will in Florida?

Only an interested person has standing to contest a will. Generally, that includes:

• Beneficiaries named in the will who would receive more if it were invalid or changed.
• Beneficiaries under an earlier will who would benefit if the newer will were thrown out.
• Heirs at law, meaning the relatives who would inherit under Florida law if there were no valid will, such as a spouse or children.

A friend, neighbor, or relative who would receive nothing either way usually cannot bring a challenge.

Grounds to Contest a Will in Florida

Florida courts recognize a limited set of reasons to invalidate a will. These are the most common reasons for probate litigation over a will.

1. The Will Was Not Signed Properly

A Florida will must be signed at the end by the person making it, in front of two witnesses who also sign in front of that person and each other. A will that skips these steps is invalid. Florida also does not accept handwritten wills signed without witnesses, as explained in are handwritten wills valid in Florida, and electronic and online wills have their own rules, covered in are online wills valid in Florida.

2. Lack of Testamentary Capacity

The person must have had the mental ability to make a will at the moment they signed it. In general, that means they understood the nature and extent of their property, knew who their close family members were, and understood the practical effect of the will. A diagnosis of dementia does not automatically mean a person lacked capacity; what matters is their state of mind when they signed. Medical records, witness testimony, and testimony from the drafting attorney are key evidence.

3. Undue Influence

Undue influence is the most common ground in Florida will contests. It means someone pressured or manipulated the person so heavily that the will reflects that person’s wishes instead of the testator’s own. Persuasion or affection alone is not enough.

Florida courts may presume undue influence when three things are shown: the person who benefits is a substantial beneficiary, they had a confidential or trusted relationship with the testator (such as a caregiver or agent under a power of attorney), and they were active in getting the will made. Signs of active involvement can include:

• Being present when the will was discussed or signed
• Choosing or contacting the attorney who drafted it
• Giving the attorney instructions
• Finding the witnesses
• Knowing what the will said before it was signed
• Keeping the will after it was signed

When the presumption applies, the beneficiary must come forward with a reasonable explanation for their involvement.

4. Fraud

Fraud happens when the testator was tricked, for example by being told a family member had died or had stolen from them, or by being told they were signing a different document.

5. Forged Will

A forged will is one the testator never actually signed, or one where pages were swapped after signing. Forged will cases in Florida usually rely on handwriting experts, notary records, the witnesses’ testimony, and the original document itself. Forgery is also a crime.

6. Duress

Duress means the testator signed because of threats or force, such as threats to stop providing care.

7. Revocation or a Later Will

If the testator later signed a new will that revoked the one being offered, or physically destroyed the will with the intent to revoke it, the earlier document is not valid.

8. Mistake

In limited situations, Florida courts can correct a will that contains a clear mistake, but the person asking must prove both the mistake and what the testator actually intended by clear and convincing evidence.

Deadlines to Contest a Will in Florida

Deadlines are where many will contests are lost. Missing one can end your challenge before it starts.

Because these timelines are short and depend on exactly how and when you were served, speak with an attorney as soon as you receive any court papers. The overall probate timeline is explained in how long probate takes in Florida.

How to Contest a Will in Florida: The Process

1. Gather what you know. Collect the will, any earlier wills, letters, emails, medical records you can access, and the names of people who were around the testator in their final years.
2. Consider filing a caveat. A caveat asks the court to notify you before admitting a will, giving you a chance to object.
3. Talk to a probate litigation attorney quickly. An attorney can confirm your standing, evaluate your grounds, and calculate your deadline.
4. File the objection or petition. Your attorney files an objection to the will or a petition to revoke its probate. This turns the matter into an adversary proceeding, which follows rules similar to a regular lawsuit.
5. Discovery. Both sides exchange documents and take depositions, often including the drafting attorney, the witnesses, the notary, caregivers, and doctors. Medical and financial records are subpoenaed.
6. Mediation. Most Florida estate litigation cases go to mediation, and many settle there, with the parties agreeing to divide the estate differently.
7. Trial. If the case does not settle, a probate judge, not a jury, hears the evidence and decides whether the will is valid.
8. Result. If the will is invalid, the estate passes under an earlier valid will or, if none, under Florida’s intestacy law.

While the case is pending, the court may limit what the personal representative can do with estate assets. The steps in an uncontested estate are covered in what happens after someone dies in Florida.

Who Has to Prove What?

• The person offering the will must first show it was properly signed and witnessed. A will with a notarized self-proving affidavit makes this easy.
• The person contesting the will must then prove their ground, such as lack of capacity or undue influence.
• If the undue influence presumption applies, the beneficiary must offer a reasonable explanation, and the judge weighs all the evidence.

How Long Does a Will Contest Take, and What Does It Cost?

A contested will case often takes many months to more than a year, and complex cases can take longer, especially if there are appeals. Costs depend on how much discovery and expert testimony is needed. Handwriting experts, medical experts, and depositions add up quickly.

In Florida, each side generally pays its own attorney fees, but the court has discretion in some situations to order fees paid from the estate or charged against a party’s share, particularly in undue influence cases or where a claim was brought in bad faith. Weighing the likely cost against what you stand to recover is an important early step, and it is one reason many cases settle at mediation.

Other Common Types of Probate and Estate Litigation

Will contests are only one part of trust and estate litigation. Other common disputes include:

• Trust contests challenging a revocable trust on the same grounds as a will.
• Breach of fiduciary duty claims against a personal representative or trustee who mismanages assets, delays distributions, or favors themselves.
• Accounting disputes over how estate or trust money was spent.
• Homestead disputes over who inherits the family home, explained in Florida homestead law and estate planning.
• Elective share claims by a surviving spouse.
• Creditor claims against the estate.
• Disputes over selling inherited property among heirs, covered in how to sell an inherited house in Florida.
• Challenges involving a power of attorney or guardianship before death.

Do No Contest Clauses Stop a Will Contest in Florida?

No. Some wills include a “no contest” clause saying a beneficiary who challenges the will loses their gift. Florida does not enforce these clauses in wills or trusts. You cannot lose your inheritance under a Florida will simply for bringing a challenge, although you can still be ordered to pay fees in some circumstances.

How to Protect Your Own Will From a Contest

If you are planning your own estate and worry about a challenge, these steps make a successful contest much less likely:

• Work with an attorney and sign with two witnesses and a self-proving affidavit. A Florida wills attorney supervises the signing so every formality is met.
• Keep beneficiaries out of the process. Choose your own attorney, meet privately, and do not let a beneficiary arrange the signing.
• Document capacity. For older clients or those with health issues, a note from a doctor around the time of signing can help.
• Be clear about disinheritance. State intentionally that you are leaving someone out.
• Consider a trust. A revocable living trust that you fund and manage during your life shows a consistent plan over time and keeps your affairs private.
• Update your plan consistently as explained in how to update or change your will in Florida, so it reflects a steady intent rather than a sudden change.

Frequently Asked Questions