In short: To contest a will in Florida you must be an interested person, prove a recognized ground (improper execution, lack of capacity, undue influence, fraud, duress, or revocation), and file in the probate case within 3 months after you are served with the notice of administration (§ 733.212(3)).
A new will shows up at the last minute. It cuts out half the family. It leaves everything to the person who was taking care of Dad at the end.
Can you fight it? Yes. But the rules are strict, the deadline is short, and you have to prove your case.
A Will Contest Is a Lawsuit, Not a Complaint
Contesting a will in Florida means filing a petition in the probate case, usually a petition for revocation of probate. Once filed, it is an adversary proceeding under Florida Probate Rule 5.025. That changes the case. Service of formal notice, discovery, depositions, and trial procedure now look much like any other civil lawsuit.
The full explanation of what that rule does is here: Florida Probate Litigation: Rule 5.025 & Will Contests.
Who Can Contest a Will: You Need Standing
Not everyone who is upset can sue. The person contesting must be an interested person: someone who would be affected by the outcome. Typically that means a beneficiary under this will or a prior will, or an heir who would inherit if the will fails.
And you cannot contest a will while the person who made it is still alive. Under § 732.518, a will contest cannot be started before the testator’s death.
The Grounds Florida Courts Recognize
There are only a handful of ways to knock out a will:
- Improper execution. Under § 732.502, a Florida will must be signed at the end by the testator and signed by two attesting witnesses in the presence of the testator and each other. Miss a formality and the will can fail.
- Lack of testamentary capacity. The person did not understand what they owned, who their family was, and what the will did.
- Undue influence, fraud, duress, or mistake. Section 732.5165 is blunt: “A will is void if the execution is procured by fraud, duress, mistake, or undue influence.”
- Revocation. A later will or act revoked the will being offered.
Undue influence is the most common fight. It has its own article: see the undue influence guide in this series.
Who Has to Prove What: § 733.107
The burden of proof shifts in two steps.
First, the person offering the will must make a basic showing. Section 733.107(1) puts “the burden… upon the proponent of the will to establish prima facie its formal execution and attestation.”
After that, the burden moves to the contestant. You must prove the ground you are relying on.
There is one big exception. When the facts raise a presumption of undue influence, typically a person in a confidential relationship who was active in getting the will made and who benefits from it, § 733.107(2) makes that presumption one that shifts the burden of proof back to the person defending the will.
The Deadline Is 3 Months, and It Starts When You Are Served
This is where most will contests are lost before they start.
“Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service…” — § 733.212(3)
Three months. From service of the notice of administration. Not from when you found out the will was unfair, and not from when you got around to calling a lawyer.
Where to File
The contest is filed in the probate case itself, in the circuit court (probate division) of the county where the estate is being administered. Filing in the wrong court or the wrong way burns time you do not have.
What to Do This Week
- Find out whether a probate case has been opened, and where.
- Calendar the date you were served with the notice of administration and count three months.
- Make sure the original will was deposited with the clerk, as § 732.901 requires.
- Gather what shows capacity and influence: medical records, who drove Dad to the lawyer, who paid, who was in the room.
- Talk to a lawyer who litigates in probate court. Not every probate lawyer tries cases.
Watch: the videos behind this article
Who Are the Parties in a Florida Will Contest? | Standing, Service & Rights Explained
How to Challenge a Will in Florida Probate Court
Florida Will Contest: Who Must Prove the Will Is Valid?
Florida Will Contest: Which Court Do You File In?
More Short Videos on This Issue
Go Deeper
- Think Your Will Is Safe? Florida Law Says Otherwise
- A Dying Man’s Friend Wrote His Will. I Got the Entire Thing Thrown Out.
- A Will Written in Calligraphy With a Wax Seal Was Worthless — § 732.502
Frequently Asked Questions
Who can contest a will in Florida?
An interested person: usually a beneficiary under the will or a prior will, or an heir who would inherit if the will failed. A will cannot be contested before the person who made it has died (§ 732.518).
What is the deadline to contest a will in Florida?
If you were served with the notice of administration, you generally must file within 3 months after the date of service under § 733.212(3).
Who has the burden of proof in a Florida will contest?
The person offering the will must first prove its formal execution and attestation. The burden then shifts to the challenger, unless a presumption of undue influence arises, which shifts the burden back under § 733.107(2).
What are the grounds to contest a will in Florida?
Improper execution under § 732.502, lack of testamentary capacity, undue influence, fraud, duress, or mistake under § 732.5165, and revocation by a later will or act.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a will contest lawyer in St. Petersburg for will contests, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
