Contesting a Will in Florida: Grounds and Process Explained

Contesting a will in Florida means asking the probate court to declare a will, or part of it, invalid because it was never legally valid in the first place. Under Florida law, a will can be set aside on narrow grounds such as lack of testamentary capacity, undue influence, fraud, duress, mistake, or improper execution. An interested person must raise the challenge within strict deadlines, usually within three months of being served with formal notice of administration, or the right to object is lost forever.

That short answer hides a great deal of nuance. A will contest is not a do-over because someone feels a relative was treated unfairly. It is a focused legal proceeding with specific grounds, shifting burdens of proof, and unforgiving timelines. This guide walks through what it actually takes to challenge a will in Florida, with particular attention to the real-property and homestead issues that dominate Boca Raton and Palm Beach County estates.

Who Can Contest a Will in Florida

Not everyone who is unhappy with a will can challenge it. Florida limits will contests to an “interested person”, defined under section 731.201 of the Florida Statutes as someone whose interest in the estate could be affected by the outcome of the proceeding. In plain terms, you must stand to gain or lose something.

That typically includes:

• Beneficiaries named in the current will who would receive less than they expected.
• Beneficiaries under a prior will who were cut out or reduced by the newer document.
• Heirs at law (the family members who would inherit under Florida’s intestacy statutes if there were no valid will at all).
• Creditors, in limited circumstances tied to their claims.

If invalidating the will would not improve your position, you generally lack standing. A disinherited stepchild with no statutory claim, for example, cannot simply object because the result feels wrong. Before filing anything, an experienced attorney works backward from the question that decides standing: if this will falls, what does the prior will or the intestacy default actually give you?

The Legal Grounds for Contesting a Will

Florida recognizes a defined set of grounds. A will contest succeeds only by proving one of them, and “my mother promised me the house” is not on the list. Section 732.5165 captures the core rule: a will is void if procured by fraud, duress, mistake, or undue influence.

Lack of Testamentary Capacity

To make a valid will in Florida, the testator must have been of “sound mind” at the moment of signing. Capacity is a low bar by design. The testator only needs to have generally understood the nature and extent of their property, the natural objects of their bounty (their family and close relations), and the practical effect of signing the will.

Importantly, capacity is measured at the time of execution, not before or after. A person can have a dementia diagnosis, take medication, or have bad days and still sign a valid will during a lucid interval. That is why contemporaneous evidence matters so much: medical records near the signing date, the drafting attorney’s notes, and the recollections of the witnesses who watched the testator sign.

Undue Influence

Undue influence is the most frequently litigated ground in Florida, and the most fact-intensive. It is not mere persuasion, nagging, or even a strained family dynamic. The contestant must show that the testator’s free will was overpowered, so that the document reflects the wishes of the influencer rather than the testator.

Florida law gives contestants a powerful tool here. A presumption of undue influence arises when a contestant proves three elements: the alleged influencer (1) occupied a confidential or fiduciary relationship with the testator, (2) was a substantial beneficiary under the will, and (3) was active in procuring the will. Once that presumption is triggered, section 733.107(2) shifts the burden, requiring the beneficiary to come forward with evidence that the will was not the product of undue influence.

Courts weigh a recognized set of “active procurement” indicators, including whether the beneficiary was present when the will was signed, recommended or selected the drafting attorney, knew the contents of the will before execution, gave instructions to the attorney, or secured the witnesses. No single factor is decisive, but the pattern tells the story.

Fraud, Duress, and Mistake

These grounds appear less often but matter. Fraud can mean fraud in the execution (the testator was tricked into signing a document they did not know was a will) or fraud in the inducement (the testator was deceived by false statements into making gifts they otherwise would not have). Duress involves coercion through threats. Mistake covers a testator who signed the wrong document or was mistaken about a material fact that drove the bequest.

Improper Execution

Florida’s execution formalities are strict, and a technical failure can void an otherwise heartfelt will. Section 732.502 requires that the will be signed by the testator at the end, in the presence of two attesting witnesses, who must each sign in the presence of the testator and of each other. Miss any of those steps and the will fails on formality alone. Notably, Florida does not recognize handwritten (holographic) wills that lack proper witnessing, even if they are entirely valid in another state.

Why the “No-Contest” Clause Won’t Stop You in Florida

Many out-of-state clients arrive convinced that challenging a will means automatically forfeiting their inheritance because the document contains an “in terrorem” or no-contest clause. In Florida, that fear is misplaced. Section 732.517 makes any provision penalizing an interested person for contesting a will unenforceable. The same rule applies to trusts under section 736.1108. You do not lose your bequest merely for asking the court to examine whether the will is valid. This is a meaningful difference from states that enforce such clauses, and it shapes strategy in cross-border estates where a New York or California document is offered for probate in Florida.

The Florida Will Contest Process, Step by Step

A will contest unfolds inside the broader probate case. The sequence generally looks like this:

1. The will is offered for probate. The named personal representative files a petition for administration in the circuit court of the county where the decedent lived, which for Boca Raton estates is Palm Beach County.
2. Notice of administration is served. Once the court issues letters of administration, the personal representative serves a notice of administration on interested persons. This notice starts the clock.
3. Objections are filed. An interested person who wants to challenge the will’s validity must file a timely objection, then pursue it through a petition for revocation of probate.
4. Discovery. Both sides gather evidence: depositions of witnesses and the drafting attorney, the decedent’s medical and financial records, prior estate-planning files, and communications among the players.
5. Mediation. Palm Beach County probate divisions routinely order mediation. A large share of contests resolve here, often through a negotiated reallocation of the estate.
6. Trial. If the dispute does not settle, the court holds an evidentiary hearing, applies the burden-shifting framework, and rules on validity.

Burden of Proof: A Two-Step Dance

Section 733.107 sets the structure. First, the proponent of the will carries the initial burden to establish its formal execution and attestation, essentially proving the will was signed and witnessed correctly. Once that prima facie showing is made, the burden shifts to the contestant to prove the ground on which probate is opposed. The undue-influence presumption discussed above can shift it back again. Understanding who must prove what, and when, often decides the case before a single witness testifies.

Deadlines That Can End a Case Before It Starts

Florida probate deadlines are short and rarely forgiven. The most consequential one comes from section 733.212: an interested person served with a copy of the notice of administration must file any objection to the validity of the will, the qualifications of the personal representative, or the court’s venue or jurisdiction within three months of service. Miss that window and the objection is, in the words of the statute, “forever barred.”

There is also a protective tool for those who fear a will may be quietly admitted. Under section 731.110, an interested person may file a caveat with the court. Once a caveat is on file, the court cannot admit the will or appoint a personal representative until the caveator has been served by formal notice and given an opportunity to participate. For an out-of-state heir worried about a Florida property being probated without their knowledge, a caveat is often the first defensive move.

Because these deadlines run from the date of service, the practical lesson is simple: the moment you suspect a problem, talk to a probate litigator. Waiting to “see how things develop” is how valid claims die.

Real Property and Homestead: The Boca Raton Wrinkle

Estates in this market are frequently dominated by real estate, and that changes the calculus of a will contest. Florida’s constitutional homestead protection can override the terms of a will entirely. If the decedent is survived by a spouse or minor child, the homestead generally cannot be freely devised; instead it passes according to the constitution and section 732.4015, often to the surviving spouse for life with a remainder to the descendants, or as a tenancy in common.

This means a will that purports to leave the Boca Raton residence to a friend or a single child may be partly ineffective regardless of whether the document itself is valid. A skilled probate attorney evaluates two questions at once: is the will valid, and even if it is, does homestead or the surviving spouse’s elective share under section 732.2065 change who actually gets the house? Sometimes the better path is not a contest at all but a homestead or elective-share claim that reaches the same result with far less litigation risk. We address these property-specific issues in more depth on our Florida probate and wills pages.

What a Will Contest Costs, and Whether It’s Worth It

Contests are expensive and emotionally draining, so the threshold question is always whether the recovery justifies the fight. A few honest considerations:

• Evidence drives outcomes. Undue influence and capacity cases turn on records and witnesses that exist (or don’t) before you ever file. Thin evidence rarely improves at trial.
• Settlement is the norm. Most Florida contests resolve at mediation, which means the realistic outcome is often a negotiated share, not a total victory.
• Time matters. Litigation can freeze distribution of the estate for a year or more, which is its own cost when real property must be maintained, insured, and taxed in the meantime.

For families administering estates across state lines, coordination is essential. Probate in different states follows different rules, and a New York will or ancillary New York property can interact with a Florida estate in complicated ways. Morgan Legal’s team handles and can explain how the compare to Florida’s process. For Florida-side administration and litigation, the firm’s works alongside local Boca Raton counsel.

Talk to a Boca Raton Probate Attorney Before the Clock Runs

If you believe a Florida will is invalid, or you are defending a will against a challenge, the decisions you make in the first weeks matter most. Statutory deadlines are short, evidence is perishable, and the homestead and elective-share rules can quietly reshape the entire dispute. A focused review by an experienced probate attorney will tell you quickly whether you have standing, a viable ground, and a realistic path to recovery. Contact our office to discuss your situation before the three-month objection window closes.

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

Frequently Asked Questions

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

Florida law allows a will to be challenged for lack of testamentary capacity, undue influence, fraud, duress, mistake, or improper execution. Section 732.5165 of the Florida Statutes provides that a will is void if procured by fraud, duress, mistake, or undue influence, and section 732.502 sets the signing and witnessing formalities that must be met.

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

Generally three months. Under section 733.212, an interested person served with a copy of the notice of administration must file any objection to the will’s validity within three months of service, or the objection is forever barred. Because the deadline runs from the date of service, you should consult a probate litigator immediately if you suspect a problem.

Will I lose my inheritance if I contest the will?

Not in Florida. Section 732.517 makes no-contest (in terrorem) clauses unenforceable, and section 736.1108 applies the same rule to trusts. You do not forfeit your bequest simply for asking the court to determine whether the will is valid, even if the will contains a clause threatening to disinherit anyone who challenges it.

Who has the burden of proof in a Florida will contest?

Under section 733.107, the proponent first proves the will was properly executed and witnessed. The burden then shifts to the contestant to prove the ground for invalidity. If the contestant establishes a confidential relationship, substantial benefit, and active procurement, a presumption of undue influence arises and shifts the burden back to the beneficiary defending the will.

Can a will override Florida homestead protection on a Boca Raton home?

Often not. If the decedent leaves a surviving spouse or minor child, Florida’s constitutional homestead protection and section 732.4015 can control how the residence passes regardless of the will’s terms. A will leaving the home to someone else may be partly ineffective, which is why homestead and elective-share claims are evaluated alongside any will contest.