How to Contest a Will in Florida

Grounds, deadlines, standing, and cost of Florida will contests under § 733.107

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Contesting a Florida will means asking the probate court to invalidate the will based on one or more legal grounds: lack of testamentary capacity, undue influence, fraud, mistake, or improper execution. Florida's controlling procedure is in Fla. Stat. § 733.107 et seq. The deadline is short — typically 3 months from service of the Notice of Administration — so timing is critical.

Florida Will Contests — Frequently Asked Questions

How do I contest a will in Florida?

To contest a Florida will, file an objection or petition in the probate court where the will is being administered. Under Fla. Stat. § 733.212(3), an interested person served with a Notice of Administration generally has 3 months to file a petition or objection challenging the will. The petition must state the legal grounds (capacity, undue influence, fraud, mistake, improper execution) and identify the affected interest. Filing requires payment of a filing fee (approximately $400). Once filed, the case proceeds with discovery, depositions, and either mediation or evidentiary hearing.

What are the grounds to contest a will in Florida?

Five primary grounds under Florida law: (1) Lack of testamentary capacity — the testator did not understand the nature of the disposition, the natural objects of bounty, or the property at the time of signing; (2) Undue influence — the testator’s free will was overcome by another person (the Carpenter test from In re Estate of Carpenter, 253 So. 2d 697); (3) Fraud — false representations caused the testator to make a different will than intended; (4) Mistake — material mistake of law or fact; (5) Improper execution — the will doesn’t meet the formal requirements of Fla. Stat. § 732.502 (two-witness signing in the presence of the testator and each other).

Who has standing to contest a Florida will?

Under Fla. Stat. § 731.201(23), any ‘interested person’ has standing — a person who may reasonably be expected to be affected by the outcome. Most commonly: beneficiaries under a prior will, intestate heirs (the people who would inherit if there were no will), and beneficiaries explicitly named (or excluded) in the will being contested. Creditors are generally interested persons for claim purposes but typically lack standing to contest the dispositive provisions of the will.

How long do I have to contest a Florida will?

Generally 3 months from service of the Notice of Administration under Fla. Stat. § 733.212(3). Some interested persons (those not served) have different deadlines, and the 4-year statute of limitations applies as an outside bar in some circumstances. Critical practice points: (1) the 3-month clock starts when YOU were served, not when the will was filed; (2) failure to object within the period BARS the contest; (3) the clock is strictly enforced — courts rarely permit late-filed contests.

What is the cost to contest a Florida will?

Florida will contest costs typically range from $3,500–$5,000 for initial filings and motion practice, scaling to $25,000–$150,000 for fully litigated contests with depositions, expert witnesses (medical, handwriting), and trial. Florida courts can award attorney’s fees to the prevailing party in some circumstances under Fla. Stat. § 733.106. Initial consultations at Zoecklein Law are free; we provide a candid cost estimate at the consult.

Are no-contest clauses enforceable in Florida wills?

No. Florida is one of the few states that does NOT enforce no-contest clauses in wills (also called in terrorem or forfeiture clauses). Fla. Stat. § 732.517 makes them unenforceable as a matter of public policy. This means a Florida beneficiary can contest a will without risk of automatic forfeiture, a significant procedural advantage compared to states like California or Texas. The same rule applies to Florida trusts under Fla. Stat. § 736.1108.

Can I contest a Florida will after it's been admitted to probate?

Yes, within the limitations period. Florida courts may revoke probate of a will after admission if the contestant timely files. Under Fla. Stat. § 733.109, a petition for revocation of probate must be filed within the time allowed for objection (typically 3 months from service of Notice of Administration). Once revocation is sought, the burden of proof and procedure follow the statutes for will contests. If the contest succeeds, the will is set aside and probate proceeds under an earlier valid will (if any) or intestate succession.

What evidence proves a Florida will contest?

Strong will-contest evidence typically includes: (1) Medical records showing capacity issues at execution (dementia diagnosis, hospital records, medication interactions); (2) Capacity expert testimony — geriatric psychiatrist or neurologist; (3) Prior wills showing a different dispositive scheme; (4) Drafting attorney’s file and notes; (5) Witness testimony about the testator’s mental state and the procurement circumstances; (6) Documents showing isolation or pressure (caregiver logs, communications); (7) Financial records showing the beneficiary received transfers during the testator’s decline. In Hack v. Estate of Helling, 811 So. 2d 822 (Fla. 5th DCA 2002), evidence of dementia plus the Carpenter factors established a prima facie case shifting burden to the proponent.

Florida Authority Cited on This Page

In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971) — Seven-factor undue influence framework remains the controlling Florida test in will contests.
Hack v. Estate of Helling, 811 So. 2d 822 (Fla. 5th DCA 2002) — Prima facie capacity and undue influence evidence shifts the burden to the will proponent at directed verdict.

Case citations verified against CourtListener. This page is general information about Florida probate litigation and is not legal advice for your situation.