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Probate Administration With Contested Wills In Florida

October 9, 2023

Probate Administration is a crucial legal process that comes into play after an individual’s passing, serving as a vital bridge between their earthly affairs and the transfer of assets to their heirs or beneficiaries. In the realm of estate planning and management, probate is often a necessary step, ensuring the orderly distribution of assets, resolution of debts, and validation of the deceased’s last wishes as outlined in their will.

However, the probate process can become significantly more complex and emotionally charged when a will is contested. Probate, at its core, is a legal procedure that serves multiple essential purposes. It ensures the proper distribution of an individual’s assets to their intended beneficiaries or heirs. This process includes validating the last will and testament, identifying and settling outstanding debts and taxes, and handling any disputes or claims against the estate. In essence, probate acts as a safeguard to protect the deceased’s assets and ensure that their wishes are honored.

Contested Wills: Adding Complexity to Probate

A contested will is a will that faces legal challenges or disputes from interested parties. These disputes can arise for various reasons, such as questions about the testator’s mental capacity when the will was created, allegations of undue influence, or concerns about the authenticity of the will itself. When a will is contested, the probate process takes on an entirely different dimension.

Understanding Probate and Its Purpose

Before delving deeper into the complexities of contested wills and their impact on the probate process, it’s essential to establish a solid foundation of understanding regarding probate itself and the critical role it plays in estate administration. Probate is a legal process that occurs after someone passes away. Its primary objective is to ensure the orderly distribution of the deceased person’s assets and settle their debts and financial affairs. In essence, probate serves as the official validation and execution of the deceased’s last will and testament.

To appreciate the significance of probate, it’s vital to recognize its key purposes:

  1. Asset Distribution: Probate ensures that the deceased’s assets, including real estate, financial accounts, personal belongings, and investments, are distributed to the intended beneficiaries or heirs as specified in the will. In cases where there is no will (intestate), probate determines the distribution according to state laws.

  2. Debt Settlement: Probate also serves as a mechanism for addressing any outstanding debts or financial obligations left by the deceased. Creditors are given the opportunity to file claims against the estate, and these claims are then evaluated and settled using estate assets.

  3. Will Validation: The probate process includes a thorough examination of the deceased person’s will. This involves verifying its authenticity, confirming the testator’s mental capacity at the time of its creation, and ensuring that it adheres to the legal requirements of the jurisdiction.

Probate essentially acts as the bridge between the decedent’s lifetime and the distribution of their assets to heirs or beneficiaries. It provides a structured and legal framework for carrying out the final wishes of the deceased while protecting the interests of all involved parties.

Probate vs. Non-Probate Assets

It’s worth noting that not all assets are subject to probate. Some assets, such as life insurance policies with designated beneficiaries, retirement accounts with named beneficiaries, and jointly owned property with rights of survivorship, can pass outside of the probate process. These assets are typically transferred directly to the beneficiaries without the need for court intervention. In contrast, assets that are solely owned by the deceased and lack beneficiary designations usually go through probate.

What Is a Contested Will?

A contested will is a legal challenge or dispute raised against the validity or terms of a deceased individual’s last will and testament. When a will is contested, it means that one or more parties believe that there are issues with the will that require legal resolution. Let’s delve deeper into what constitutes a contested will and explore some common reasons behind these disputes.

Defining a Contested Will

A contested will is a will that faces legal objections or disputes from interested parties, such as beneficiaries, family members, or other individuals with a stake in the estate. These objections can pertain to various aspects of the will, including its validity, the mental capacity of the testator (the person who made the will), the presence of undue influence, or even allegations of fraud.

Common Reasons for Will Contests

  1. Lack of Capacity: One common reason for contesting a will is the belief that the testator did not have the mental capacity to understand the implications of their will at the time of its creation. This could be due to dementia, mental illness, or other factors that impaired their judgment.

  2. Undue Influence: Contests may arise when it is alleged that the testator was unduly influenced by someone in a position of power or trust. This could include situations where a caregiver, family member, or close associate exerted undue pressure to influence the contents of the will in their favor.

  3. Forgery or Fraud: Contested wills may involve claims of forgery or fraud, where the authenticity of the will itself or specific signatures within it is questioned. These are serious allegations that warrant thorough investigation.

  4. Ambiguity or Unclear Wording: Wills that contain ambiguous or poorly worded provisions can lead to disputes among beneficiaries who interpret the language differently.

  5. Disinheritance or Unequal Distribution: When a will leaves out certain family members or distributes assets unequally, it can spark contests from disgruntled heirs who believe they should have received more.

  6. Revocation Issues: Questions about whether a subsequent will or amendment effectively revoked the contested will can also lead to legal disputes.


Under Florida law, a will can be challenged on a number of grounds, including lack of testamentary capacity, undue influence, fraud, duress, or mistake. The process for challenging a will generally involves filing a petition in probate court, and the burden of proof is on the challenger. However, if the challenger is able to establish a presumption of undue influence, the burden shifts to the proponent of the will to prove the absence of undue influence.

The process for challenging the validity of a will in Florida is governed by the Florida Probate Code. As the cases Zaidman v. Zaidman and Tendler v. Johnson make clear, the challenger must comply with statutory requirements in order to be successful. For example, a will must be signed by the testator and two witnesses, and a challenge to the validity of a will must be filed within a certain time frame. One of the most common grounds for challenging a will is undue influence.

As the cases Dahly v. Dahly, Fiel v. Hoffman, and Sun Bank/Miami, N.A. v. Hogarth explain, a presumption of undue influence arises when a substantial beneficiary under a will occupies a confidential relationship with the testator and is active in procuring the contested will. Once the presumption is established, the burden of proof shifts to the proponent of the will to establish the absence of undue influence. Other grounds for challenging a will include lack of testamentary capacity, fraud, duress, or mistake. As the cases Hack v. Estate of Helling and Kellar v. Estate of Kellar explain, the challenger must provide evidence to support these claims in order to be successful.

Contested Will Cases in Florida are Complex

Contested will cases can be emotionally charged and legally complex. They often require thorough investigation, presentation of evidence, and legal arguments to resolve. These cases can significantly prolong the probate process and may result in substantial legal costs. When a will is contested, the probate process takes on a new level of complexity and scrutiny. This section explores how the probate process is adapted and conducted in cases involving contested wills.

In a typical probate process, the court oversees the validation of the will, identifies assets, resolves debts, and ultimately facilitates asset distribution. However, in cases of contested wills, the process becomes more intricate due to the legal challenges presented. Here’s an overview of how probate is adapted:

The first notable change is the filing of a will contest by an interested party. This action initiates legal proceedings to address the challenges raised against the will. Second, there will be a notification to interested parties to ensure that all who were required to receive notice have received notice. The court ensures that all parties with an interest in the estate are notified about the will contest. This includes beneficiaries, heirs, creditors, and other stakeholders.

Contested will cases often involve evidentiary hearings where both sides present evidence and arguments. These hearings aim to resolve the disputes raised in court. In complex cases, expert witnesses may be called upon to provide testimony on matters such as the testator’s mental capacity, the presence of undue influence, or the authenticity of the will. Courts may encourage or require parties to engage in mediation or negotiation to resolve disputes outside of litigation, promoting a faster and less adversarial resolution.

Contested will cases often result in longer probate timelines. The legal proceedings, investigations, and negotiations can significantly extend the time it takes to settle the estate. Beneficiaries and heirs may experience delays in receiving their inheritances as a result.

The costs associated with contested will cases, including legal fees and court expenses, can impact the overall value of the estate. It’s essential for the executor and legal professionals to carefully manage these costs to preserve the estate’s assets.

Navigating the probate process for estates with contested wills demands a heightened level of legal expertise, patience, and resources.

Parties Involved in Contested Will Cases in Florida

1. The Testator

The testator is the individual who has passed away and created the will. Their wishes, as outlined in the will, are at the heart of the probate process. In contested will cases, questions about the testator’s mental capacity, intentions, and the circumstances surrounding the will’s creation often come to the forefront.

2. The Beneficiaries

Beneficiaries are individuals or organizations named in the will to receive specific assets or inheritances. In contested will cases, beneficiaries may find themselves in disagreement with the terms of the will, leading to disputes over their entitlements.

3. The Executor or Personal Representative

The executor, also known as the personal representative, is responsible for managing the estate’s affairs and ensuring the terms of the will are carried out. In contested will cases, the executor may face challenges from disgruntled beneficiaries or parties contesting the will.

4. Creditors

Creditors are individuals or entities to whom the deceased owed money or had outstanding debts. The probate process involves identifying and settling these debts, which can become contentious if there are disputes over the validity or priority of claims.

5. Heirs at Law

In cases where there is no valid will (intestate), state laws determine the distribution of assets to heirs at law, which are usually close relatives of the deceased. Contested will cases can impact the rights and entitlements of these heirs, leading to legal disputes.

6. Attorneys

Attorneys play a pivotal role in contested will cases. Beneficiaries, heirs, and the estate may hire legal representation to advocate for their interests and navigate the complex legal proceedings.

7. Expert Witnesses

Expert witnesses, such as medical professionals, forensic experts, or handwriting analysts, may be called upon to provide specialized testimony and evidence in contested will cases. Their expertise can be crucial in validating or challenging claims.

8. Mediators or Arbitrators

In some cases, mediators or arbitrators may be involved to facilitate negotiations and settlements outside of the courtroom. Their objective is to help parties reach mutually agreeable resolutions.

9. The Court

The court presides over the contested will case, overseeing proceedings, making determinations on disputed issues, and ultimately issuing legal decisions that impact the distribution of assets.

Key Take Aways:

If you find yourself in the midst of a contested will case or wish to proactively plan for your estate to avoid such challenges, it’s essential to seek professional guidance. Our office litigates Estate and Trust disputes throughout the State of Florida. If you find yourself dealing with a contested estate we would love to help you. Call our office for a free, no obligation consultation.

-Brice Zoecklein, Esq.


We specialize in Florida Estate and Trust Litigation. Looking for more information? Check out these articles:

  1. Challenging a Will: When Can You Contest a Will in Florida?
  2. Florida Will and Trust Contests Part I: An Overview
  3. Removing a Personal Representative in Florida
  4. Taking Action on Homestead: Florida’s Personal Representative’s Lien
  5. Personal Representative Fees in a Florida Probate: Establishing Entitlement and Objections
  6. How to Challenge or Contest a Trust in Florida
  7. Removal of a Trustee Under Florida Law
  8. Florida Power of Attorney Litigation
  9. Life Insurance Disputes: Florida Law

Disclaimer:   The information contained in this blog/website is for informational purposes only and provides general information about the law but not specific advice.  This information should not be used as a substitute for advice from competent legal counsel as laws change and the facts in your specific case need to be analyzed.