Think Your Will Is Safe? Florida Law Says Otherwise

A signed will in Florida does NOT guarantee your estate will be distributed the way you intended. Florida law contains multiple rules that can override, modify, or completely invalidate your will — and most people don’t learn about them until it’s too late.

Why Wills Are Not as Safe as You Think in Florida

In this episode of the Demystifying Probate series, attorney Matthew Weidner uses specific Florida statutes to break down every way a properly signed will can still fail. These aren’t obscure edge cases — they are situations that arise regularly in Florida probate courts.

Florida Statute §732.901: The 10-Day Will Filing Requirement

The original will must be filed with the probate court within 10 days of the owner’s death. Whoever has custody of the will is legally required to produce it. Failure to do so creates personal liability for the custodian — and can lead to court sanctions, fines, and even criminal exposure in extreme cases.

Florida Statute §732.517: No-Contest Clauses Are UNENFORCEABLE

Many testators include “in terrorem” clauses in their wills — provisions that threaten to disinherit any beneficiary who challenges the will. In Florida, these clauses are completely unenforceable. Florida Statute §732.517 voids penalty clauses for will contests. This means any beneficiary can challenge your will without fear of losing their inheritance under the will itself.

Florida Statute §732.507: Remarriage Can Override Your Will

If you sign a will and then remarry, your new spouse may be entitled to an elective share of your estate — regardless of what your will says. Florida Statute §732.507 addresses the rights of a surviving spouse against a will executed before the marriage. Pretermitted spouse rights can significantly alter the intended distribution of your estate.

Omitted Children: What Happens After the Will Is Signed

Children born or adopted after a will is executed — and not mentioned in the will — are called “pretermitted children” under Florida law. These children may be entitled to a share of the estate equal to what they would have received in intestacy, even if the will appears to leave everything to other beneficiaries.

Florida Statute §732.504: Witness Requirements and Hidden Risks

Florida law imposes specific requirements on who may witness a will and how witnessing must occur. Even minor technical defects in the witnessing process — the wrong witnesses, improper acknowledgment, or issues with the testator’s signature — can create grounds for a will contest that derails the entire estate.

Frequently Asked Questions

Can a Florida will be contested after probate is opened?

Yes. Florida law allows will contests to be filed after probate is opened. The window to contest a will is triggered by the Notice of Administration — interested parties typically have 3 months after service to file formal objections to the will’s validity.

What makes a will invalid in Florida?

A Florida will can be challenged on grounds of lack of testamentary capacity (the testator didn’t understand what they were signing), undue influence (someone pressured the testator), fraud, improper execution (failure to meet signature and witness requirements), or revocation by a subsequent will or codicil.

Does a will in Florida need to be notarized?

Florida wills do not require notarization to be valid, but a “self-proving” will — one with a notarized affidavit from the testator and witnesses — makes the probate process smoother by allowing the will to be admitted without additional testimony about proper execution.