In short: In Edelstein v. Sulzberger (Fla. 3d DCA 2025), the court affirmed with a single citation: § 733.103(2). Once a will is probated in Florida, that probate is conclusive in any collateral action about the property on due execution, capacity, and the absence of fraud, duress, mistake, and undue influence. Challenges belong in the probate case, on time.
Sometimes the most important decisions are the shortest. This one is two words and a statute.
The Decision
The Third District affirmed on April 16, 2025: "Affirmed. See § 733.103(2), Fla. Stat. (2024)." The appeal came from a Miami-Dade circuit case. The panel was Judges Fernandez, Lindsey, and Miller. The opinion doesn’t recite the facts; the video description characterizes the case as an attempt to challenge a previously probated will through a separate proceeding.
What § 733.103(2) Says
Under § 733.103, in any collateral action or proceeding relating to devised property, the probate of a will in Florida is conclusive of:
- its due execution;
- the testator’s competency at the time of execution;
- the absence of fraud, duress, mistake, and undue influence; and
- the will having been unrevoked on the testator’s death.
What That Means in Practice
A will contest must be brought in the probate proceeding, within the deadlines that apply there. For a person served with a notice of administration, that is generally three months after service (§ 733.212). A separate civil lawsuit, filed later, can’t relitigate those issues.
Lessons
- If you believe a will is invalid, act in the probate case, quickly.
- Read every notice of administration you receive and calendar the deadline.
- Consider whether other claims, such as against a trustee or for interference, are independent of the will’s validity.
Source: Edelstein v. Sulzberger, No. 3D23-2262 (Fla. 3d DCA Apr. 16, 2025).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Edelstein v. Sulzberger (3D2023-2262) | Will Contest Barred as Collateral Attack — Affirmed
Go Deeper
- How to Contest a Will in Florida: Who Can Sue, What You Must Prove, and the 3-Month Deadline
- Florida Probate Deadlines and Creditor Claims: Every Clock That Matters, in One Place
Frequently Asked Questions
Can I challenge a probated will in a separate lawsuit in Florida?
Generally no. Section 733.103(2) makes probate conclusive in collateral proceedings on execution, capacity, and undue influence.
Where must a Florida will contest be filed?
In the probate proceeding, within the applicable deadlines.
How long do I have to contest a will in Florida?
Generally three months after service of the notice of administration (§ 733.212).
What was the ruling in Edelstein v. Sulzberger?
The Third District affirmed in 2025, citing only § 733.103(2).
Talk to a Florida will contest lawyer
Weidner Law, P.A. handles Florida will contests and probate appeals. If you need a will contest lawyer, 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.
