Contesting a will in Florida means formally challenging the validity of a deceased person’s will in probate court, usually on the grounds that it was improperly executed, made under undue influence, or signed by someone who lacked the mental capacity to do so. Only “interested persons” with legal standing may bring a challenge, and the contest must be filed within strict statutory deadlines after the will is admitted to probate. If the court agrees, the will is set aside in whole or in part, and the estate passes under a prior valid will or under Florida’s intestacy laws.
For a beneficiary waiting on a distribution from a Palm Beach County estate, a will contest is rarely the first instinct. Most people want their inheritance, not a lawsuit. But when the document on file with the Clerk of the Circuit Court doesn’t match what your loved one told you for years, or a late-life caregiver suddenly inherits everything, the question becomes unavoidable. This guide walks through the real grounds Florida courts recognize, who can actually file, the deadlines that will end your case before it starts if you miss them, and what the litigation process looks like from the inside.
What It Means to Contest a Will in Florida
A will contest is a specific kind of probate proceeding. You are not arguing that the distribution is unfair or that you deserved more. Florida courts will not rewrite a valid will simply because it disinherits a child or leaves an estate to a charity instead of the family. A contest only succeeds if you prove the will itself is legally invalid for a recognized reason.
That distinction matters enormously. A parent in Florida has the legal right to disinherit an adult child, to treat siblings unequally, or to leave property to a new spouse. None of that, standing alone, is a ground to contest. What you must show is that something corrupted the making of the will: a defect in how it was signed, a mind that could not understand what it was doing, or a wrongdoer who hijacked the testator’s free choice.
Who Can Contest a Will: Standing in Florida Probate
Before grounds even come into play, you need standing. Under Florida law, only an “interested person” may file a will contest. Section 731.201(23), Florida Statutes, defines an interested person as someone who may reasonably be expected to be affected by the outcome of the proceeding. In practical terms, that usually means one of the following:
- A beneficiary named in the current will or a prior will.
- An heir who would inherit under Florida’s intestacy statutes if the will were invalidated.
- A creditor of the estate in certain circumstances.
- A personal representative or nominated personal representative.
Here is the part people miss: you must have something to gain. If you are not named in the challenged will and would not inherit even if it were thrown out, you have no standing. A disinherited grandchild whose deceased parent was also excluded usually cannot contest, because invalidating the will would not put money in their pocket. Standing is the first thing opposing counsel will attack, so it pays to map out exactly how the estate would flow if you won.
Legal Grounds for Contesting a Will in Florida
Florida recognizes a defined set of grounds. You cannot invent your own. The four below cover the overwhelming majority of contests filed in Palm Beach and across the state.
Improper Execution (Failure to Follow Statutory Formalities)
Florida is strict about how a will must be signed. Under Section 732.502, Florida Statutes, a valid will must be in writing, signed by the testator at the end (or by another person at the testator’s direction and in their presence), and signed by at least two attesting witnesses who were present at the same time and witnessed either the testator’s signing or the testator’s acknowledgment of the signature.
Miss any of those steps and the will can fail entirely. A document signed with only one witness, witnesses who signed on different days outside each other’s presence, or a signature placed somewhere other than the end can all support a contest. This is the cleanest ground because it is largely mechanical: either the formalities were met or they were not. It is also why holographic wills (handwritten and unwitnessed) and oral wills are not valid in Florida, even if validly made in another state.
Lack of Testamentary Capacity
To make a valid will, the testator must have had a “sound mind” at the moment of signing. Florida courts define testamentary capacity as the ability to generally understand three things: the nature and extent of the property being disposed of, the natural objects of one’s bounty (typically close family), and the practical effect of the will as executed.
The bar is lower than many beneficiaries expect. A person can have a diagnosis of dementia, be elderly and frail, or have bad days and still possess capacity during a lucid interval when the will was signed. Capacity is measured at the time of execution, not before or after. Winning this ground usually requires medical records, treating physician testimony, and witnesses who can speak to the testator’s mental state on or around the signing date.
Undue Influence
This is the most commonly litigated ground in Florida and the one that most often appears when a caregiver, late-in-life companion, or one child quietly walks away with the estate. Undue influence means the testator’s free will was overpowered, so the document reflects the wishes of the influencer rather than the testator.
Florida law provides a powerful tool here. Under the framework recognized in the landmark case In re Estate of Carpenter, a presumption of undue influence arises when the challenger shows that a person who was a substantial beneficiary under the will, occupied a confidential relationship with the testator, and was active in procuring the will. Courts weigh factors such as whether the beneficiary was present when the will was executed, recommended or selected the attorney who drafted it, knew the contents beforehand, gave instructions to the drafter, or kept possession of the signed will afterward.
When that presumption is triggered, the burden shifts to the beneficiary to come forward with a reasonable explanation. That shift can decide the case. Building it requires careful proof of the relationship, the beneficiary’s involvement, and the surrounding circumstances.
Fraud, Duress, and Mistake
A will procured by fraud is invalid. Fraud in the execution occurs when the testator is deceived about the nature of the document itself, for example, signing a “will” while believing it is a power of attorney. Fraud in the inducement occurs when the testator is fed false information that causes them to make or change a bequest. Duress (signing under threat or coercion) and certain mistakes can also invalidate a will, though mistake claims are narrow and difficult.
The Will Contest Process in Florida, Step by Step
Once probate opens, the personal representative typically serves interested persons with a Notice of Administration. That notice starts the clock. The process generally unfolds like this:
- Notice and deadline. After receiving formal notice of administration, an interested person generally has 90 days to file objections to the validity of the will, the venue, or the court’s jurisdiction, under Section 733.212, Florida Statutes. Miss that window and the objections are barred.
- Filing the petition or objection. The contest is initiated by filing a petition revoking probate or a formal objection in the probate division of the Circuit Court where the estate is pending, in Palm Beach County that is the court in West Palm Beach.
- Discovery. Both sides exchange documents, take depositions of witnesses and the drafting attorney, subpoena medical and financial records, and may retain experts on capacity or handwriting. This is where most cases are won or lost.
- Mediation. Florida courts routinely order probate disputes to mediation. A large share of contests settle here, often to avoid the cost and uncertainty of trial and to preserve estate assets.
- Trial. If no settlement is reached, a judge (probate matters are typically non-jury) hears the evidence and rules. The proponent of the will carries the initial burden of establishing formal execution; the challenger then bears the burden on grounds like capacity, undue influence, or fraud, subject to any burden-shifting presumption.
Critical Deadlines You Cannot Ignore
Deadlines end more will contests than weak facts do. Beyond the 90-day objection period after notice of administration, Florida sets an outer limit: under Section 733.710, claims against an estate are generally barred two years after the decedent’s death, and the statute of limitations under Section 95.11 can bar revocation actions as well. If you suspect a problem, the worst thing you can do is wait. Even a strong undue-influence case is worthless once the deadline passes.
The “No-Contest” Clause Question in Florida
Many wills contain an in terrorem or no-contest clause that purports to disinherit anyone who challenges the will. Here is news that surprises most beneficiaries: Florida does not enforce no-contest clauses. Under Section 732.517, Florida Statutes, a provision in a will penalizing an interested person for contesting the will is unenforceable. The same rule applies to trusts under Section 736.1108. You will not lose your inheritance simply for raising a good-faith, well-grounded challenge, though you should still weigh the cost and merits carefully with counsel before filing.
What a Successful Contest Actually Changes
If the court invalidates the will, the estate does not vanish into limbo. It passes under the most recent prior valid will, if one exists. If there is no earlier valid will, the estate is distributed under Florida’s intestacy statutes (Sections 732.101 through 732.111), which prioritize the surviving spouse and descendants. Sometimes only part of a will is struck, such as a single bequest tainted by undue influence, while the rest stands. Understanding where the assets land if you win is part of deciding whether the fight is worth it.
When to Bring in a Probate Litigation Attorney
Will contests are document-heavy, deadline-driven, and emotionally charged. The presumptions, burden-shifting, and statutory deadlines reward early, organized lawyering and punish delay. If you are a beneficiary in Palm Beach County who believes the will on file does not reflect your loved one’s true intentions, talk to a probate litigation attorney before the 90-day clock runs.
Our firm handles probate and estate litigation for beneficiaries throughout Florida, and our colleagues handle as well, so we understand how these disputes play out across jurisdictions. If your matter also touches a New York estate, our team can guide you through the in parallel. For Florida-specific representation, our works directly with beneficiaries awaiting distribution. You can also learn more about how Florida probate works, review the basics of wills and validity requirements, or contact our office for a confidential review of your situation.
Frequently Asked Questions
How long do I have to contest a will in Florida?
Once you are served with a formal Notice of Administration, you generally have 90 days to file objections to the validity of the will under Section 733.212, Florida Statutes. There is also an outer bar of roughly two years after the decedent’s death under Section 733.710. Because these deadlines are strict and unforgiving, you should consult a probate litigation attorney as soon as you suspect a problem.
What are the valid legal grounds to contest a will in Florida?
Florida recognizes four main grounds: improper execution (failure to meet the witnessing and signing formalities of Section 732.502), lack of testamentary capacity (the testator did not have a sound mind when signing), undue influence (someone overpowered the testator’s free will), and fraud, duress, or mistake. Disagreeing with how the estate is divided is not, by itself, a valid ground.
Can I be disinherited just for contesting a will in Florida?
No. Florida does not enforce no-contest (in terrorem) clauses. Under Section 732.517 for wills and Section 736.1108 for trusts, any provision penalizing an interested person for challenging the document is unenforceable, so a good-faith contest will not automatically forfeit your inheritance.
Who is allowed to contest a will in Florida?
Only an ‘interested person’ as defined in Section 731.201(23), Florida Statutes, has standing. That typically includes beneficiaries named in the current or a prior will, heirs who would inherit under intestacy if the will were invalidated, and sometimes creditors. You must stand to gain something if the will is set aside; otherwise you lack standing to challenge it.
What happens to the estate if a will is successfully contested?
If the court invalidates the will, the estate passes under the most recent prior valid will. If no earlier valid will exists, it is distributed under Florida’s intestacy statutes (Sections 732.101 to 732.111), which favor the surviving spouse and descendants. In some cases only a tainted portion of the will is struck while the remainder stands.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
