Contesting a Will in Florida: Grounds and Process

Contesting a will in Florida means asking a probate court to declare all or part of a will invalid, usually on the grounds that it was improperly executed, the person who signed it lacked the mental capacity to do so, or the will was the product of undue influence, fraud, or duress. Only certain people — those with a financial stake in the outcome, known as “interested persons” — have standing to bring a challenge, and they must act within strict statutory deadlines. If a will is successfully contested, the court may throw it out entirely and fall back on an earlier valid will or on Florida’s intestacy statutes.

That short answer hides a lot of nuance. In more than a few estates I’ve handled around Palm Beach County, a family member arrives convinced a will is “unfair” — only to learn that unfairness, by itself, is not a legal ground. Florida law gives broad freedom to disinherit, to favor one child over another, or to leave assets to a friend instead of a relative. A will contest succeeds only when something went legally wrong in how the document came to be. Below is how that actually plays out.

Who can contest a will in Florida?

You cannot walk into a Florida probate court and object to a will simply because you dislike it. The threshold question is standing. Under Florida law, only an “interested person” — someone whose financial interest in the estate may be affected by the outcome — can file a challenge.

In practice, that usually means one of the following:

• An heir who would inherit under intestacy — a child, spouse, or other relative who would take a share if the will were voided and the estate passed under Florida’s intestate succession statutes (Chapter 732, Part I).
• A beneficiary named in a prior will who received more under the earlier document than the one being probated.
• A creditor of the estate, in narrower circumstances where the will affects how claims are paid.

If voiding the will would not put a single dollar in your pocket, you almost certainly lack standing. This is the first thing I evaluate before anything else, because a contest by someone without standing goes nowhere regardless of how strong the underlying facts seem.

Legal grounds for contesting a will

Florida recognizes a defined set of grounds. A successful contest has to fit one of these categories — a vague sense of injustice does not.

1. Improper execution (formalities not met)

Florida sets out specific signing requirements in Section 732.502, Florida Statutes. A valid will must be signed at the end by the testator (the person making the will), and that signing must take place in the presence of at least two attesting witnesses, who in turn must sign in the presence of the testator and of each other. Miss any of these formalities and the will can be invalidated.

This is the cleanest type of contest because it turns on observable facts rather than someone’s state of mind. A will signed with only one witness, or one where the witnesses never saw the testator sign, is vulnerable. Note that a properly executed self-proving affidavit under Section 732.503 makes a will much harder to attack on these grounds, because it creates a presumption that the formalities were satisfied.

2. Lack of testamentary capacity

To make a valid will in Florida, the testator must be of “sound mind” at the time of signing. Florida’s standard is more forgiving than people expect. The testator generally must understand, in a general way:

• the nature and extent of the property being disposed of;
• the natural objects of their bounty — that is, the close family members one would ordinarily provide for; and
• the practical effect of signing the will.

A diagnosis of dementia or Alzheimer’s does not automatically prove incapacity. The relevant moment is the moment of execution, and many people experience lucid intervals. Proving lack of capacity typically requires medical records, treating-physician testimony, and accounts from people who interacted with the testator around the signing date.

3. Undue influence

This is the most common and most heavily litigated ground in Florida will contests. Undue influence occurs when someone in a position of trust overpowers the free will of the testator, so that the document reflects the influencer’s desires rather than the testator’s own.

Florida courts evaluate undue influence using a framework drawn from the landmark case In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971). The challenger can raise a presumption of undue influence by showing that a person who:

1. was a substantial beneficiary under the will,
2. occupied a confidential relationship with the testator, and
3. was active in procuring the will

did all three. The Carpenter factors (isolating the testator, being present at the signing, securing witnesses, knowing the contents in advance, instructing the attorney, and safekeeping the will) help establish that active procurement. Once the presumption arises, Florida law (Section 733.107(2)) shifts the burden to the beneficiary to come forward with a reasonable explanation. That burden shift is what makes undue-influence claims so powerful.

4. Fraud, duress, and mistake

A will procured by fraud — for example, where the testator was tricked about what they were signing (fraud in the execution) or lied to about facts that drove the disposition (fraud in the inducement) — can be set aside. So can a will signed under duress, meaning unlawful coercion that overcame the testator’s free agency. These grounds are pleaded less often than undue influence, partly because the facts frequently overlap, and a skilled probate litigator will often plead them in the alternative.

5. Revocation and superseding documents

Sometimes the issue is not that the will is invalid but that it was already revoked — by a later will, a codicil, or a physical act such as the testator tearing or destroying it with intent to revoke (Section 732.505 and 732.506). A more recent valid will generally controls over an older one.

The will contest process in a Florida probate court

Will contests run through the circuit court’s probate division in the county where the decedent lived — in our area, the Probate Division of the Fifteenth Judicial Circuit in Palm Beach County for Boca Raton residents. Here is the general arc:

1. The will is offered for probate. The named personal representative petitions to admit the will and open administration under Chapter 733.
2. Notice goes out. Interested persons receive a Notice of Administration. This document is critical — it starts the clock on objections.
3. An objection or revocation petition is filed. A contestant files a petition to revoke probate or an objection to the will, stating the specific grounds.
4. Discovery. Both sides gather evidence — medical records, the drafting attorney’s file, the witnesses, financial records, and depositions. This is where most contests are won or lost.
5. Mediation. Florida courts routinely order probate disputes to mediation, and a large share settle here. A negotiated split often beats the cost and uncertainty of trial.
6. Trial. If no settlement is reached, a judge (probate matters are generally tried to the bench, not a jury) hears the evidence and rules.

The mechanics of a will challenge share a lot with how these disputes unfold in other states — for a useful comparison, this overview of walks through the parallel steps, and this discussion of covers the friction points that surface in almost every estate.

Deadlines: the rule that quietly ends most contests

More valid claims die on the calendar than on the merits. Under Section 733.212(3), an interested person who is served with a Notice of Administration generally has three months from the date of service to object to the validity of the will, the venue, or the court’s jurisdiction. Miss that window and the objection is usually barred forever, even if the will really was the product of undue influence.

If you receive a Notice of Administration, do not wait. Three months passes quickly once records have to be obtained and counsel retained. The single most common mistake I see is a grieving family member who “wanted to let things settle” and lost the right to object entirely.

No-contest (in terrorem) clauses in Florida

Many people worry about a will that says any beneficiary who challenges it forfeits their inheritance. Good news for Florida challengers: under Section 732.517, such penalty clauses are unenforceable. A no-contest clause in a Florida will has no legal teeth, so you will not lose your existing bequest merely for bringing a good-faith challenge. (This differs from many other states, so out-of-state advice on the point can be misleading.)

Small estates and summary administration: does contesting still apply?

Plenty of Boca Raton estates qualify for summary administration — the streamlined Florida procedure available under Section 735.201 when the non-exempt estate is worth $75,000 or less, or when the decedent has been dead for more than two years. Summary administration is faster and cheaper, but the will’s validity still matters: the court admits the will and distributes under it.

The grounds for contesting a will do not change in a small estate; the procedural posture does. Because summary administration moves quickly and often skips the appointment of a personal representative, a contestant has to be especially attentive to deadlines and may need to ask the court to convert the matter to formal administration so that discovery can take place. If you believe a will is invalid and the estate is being handled summarily, move fast — the compressed timeline cuts both ways. You can read more about Florida procedures generally on our Florida probate overview, and about the underlying documents on our wills page.

Should you contest? A practical filter

Before committing to litigation, I walk clients through three questions: Do you have standing? Does your concern fit a recognized legal ground, or is it really about fairness? And is the financial recovery worth the cost and the family rupture that a contest can cause? When the answers line up, a will contest is a powerful tool. When they do not, there are often better paths — a negotiated family settlement chief among them.

Florida probate is statute-driven and deadline-driven, and the facts that decide these cases are usually gone within months of a death. If you think a will may be invalid, the time to get a probate attorney’s read is now. Our firm also handles these matters through Morgan Legal’s , and you can reach our team through the contact page to discuss whether a contest makes sense in your situation.

This article is general information about Florida law and is not legal advice. Every estate is different; consult a licensed Florida attorney about your specific circumstances.

Frequently Asked Questions

How long do I have to contest a will in Florida?

If you are served with a Notice of Administration, you generally have three months from the date of service to object to the will’s validity under Section 733.212(3), Florida Statutes. Missing that deadline usually bars the objection permanently, so it is critical to act quickly and consult a probate attorney as soon as you receive notice.

What are the main legal grounds for contesting a will in Florida?

The recognized grounds are improper execution (the signing formalities of Section 732.502 were not met), lack of testamentary capacity, undue influence, and fraud or duress. A will may also be challenged because it was revoked by a later will or by physical destruction. General unfairness or disappointment is not, by itself, a legal ground.

Will I lose my inheritance if I contest the will and lose?

In Florida, no. Under Section 732.517, no-contest (in terrorem) clauses are unenforceable, so a good-faith challenge will not cause you to forfeit a bequest the will already left you. This rule differs from many other states, so be cautious about relying on out-of-state guidance.

Can a will be contested in a small estate or summary administration?

Yes. The legal grounds for challenging a will are the same regardless of estate size. Summary administration under Section 735.201 (estates of $75,000 or less, or where the death occurred more than two years ago) simply moves faster, so contestants must watch deadlines closely and may need to ask the court to convert the case to formal administration to allow discovery.

Who is allowed to contest a will in Florida?

Only an ‘interested person’ — someone whose financial interest in the estate would be affected — has standing. That typically means an heir who would inherit under intestacy if the will were voided, a beneficiary of a prior will who would receive more under the earlier document, or, in limited cases, a creditor of the estate.