Contest a Will in Florida

How to Contest a Will in Florida

When a loved one passes away and the will they left behind does not reflect their true wishes — because someone manipulated them, because they lacked the mental capacity to understand what they were signing, or because the document itself was improperly executed or fraudulently created — Florida law gives interested parties the right to challenge that will in court. Contesting a will is not a simple process, and the stakes are high on every side: inheritances that represent a lifetime of accumulated wealth, family relationships that may be permanently altered by the dispute, and strict legal deadlines that can permanently extinguish your rights if missed. If you believe a loved one's will does not reflect their true intentions, you need experienced legal counsel on your side from the moment you begin to suspect something is wrong.

The Law Offices of Richard Corey, PLLC represents beneficiaries, heirs, and interested parties in will contests and estate disputes throughout Fort Lauderdale, Broward County, and all of South Florida. Managing Attorney Richard P. Corey is a three-time Super Lawyers Rising Stars recipient in civil litigation — a distinction awarded to fewer than 2.5% of attorneys in Florida — and brings a trial-ready litigation background to every will contest we handle. Estate disputes are among the most emotionally charged and factually complex matters in civil litigation, requiring an attorney who combines command of Florida probate law with genuine courtroom experience and the strategic acumen to build a compelling case from evidence that is, by its nature, difficult to obtain.

Contact The Law Offices of Richard Corey, PLLC at (954) 789-0461 or legal@rcenterpriselaw.com to schedule a consultation about contesting a will in Florida today. Time is critical — Florida law imposes strict deadlines on will contests that cannot be extended.

What Does It Mean to Contest a Will in Florida?

Contesting a will in Florida means formally challenging the legal validity of a deceased person's Last Will and Testament in the probate court. A will contest is not simply an expression of disagreement with how a loved one chose to distribute their assets — Florida law does not allow a will to be challenged merely because a family member believes the distribution is unfair or unexpected. Rather, a will contest is a specific legal proceeding brought on specific legal grounds, supported by evidence, and adjudicated by a probate court judge in the county where the deceased resided.

Under Florida law, will contests are governed by Chapter 733 of the Florida Probate Code — specifically Florida Statute § 733.109, which establishes the procedure for challenging a will that has been filed for probate. A will contest is classified as an adversary proceeding under Florida Probate Rule 5.025, meaning it follows procedural rules similar to those governing civil litigation — including formal pleadings, discovery, depositions, expert witnesses, and in some cases trial before a judge or jury. The adversarial nature of will contest proceedings makes experienced civil litigation counsel essential — probate attorneys who handle only uncontested estate administration are not equipped to manage the litigation demands of a contested will proceeding.

Florida's will contest process begins when an interested party files a petition with the probate court challenging the validity of the will. The court then sets the matter for adversary proceedings, during which both sides conduct discovery, retain expert witnesses — including medical experts to address capacity questions and handwriting experts when forgery is alleged — and ultimately present their evidence to the court. Many will contests resolve through mediation or negotiated settlement before reaching trial. When they do not, the matter proceeds to a hearing or trial at which a judge determines the will's validity. The Law Offices of Richard Corey, PLLC prepares every will contest for trial from the first day — because that preparation is what produces favorable outcomes at every stage of the process, whether through settlement or verdict.

Who Can Contest a Will in Florida?

Not everyone who is unhappy with the terms of a will has the legal right to challenge it. Florida law requires that a person contesting a will have legal "standing" — meaning they must be an "interested person" as defined by Florida Statute § 731.201(23). An interested person is anyone who may reasonably be expected to be affected by the administration of the estate. In the context of a will contest, this typically includes:

Heirs at law — family members who would inherit under Florida's intestate succession laws if no valid will existed, including a surviving spouse, children, grandchildren, parents, and siblings

Beneficiaries named in a prior will — individuals who were provided for in an earlier version of the will but whose inheritance was reduced or eliminated in a later version being challenged

Beneficiaries named in the current will — in some circumstances, a named beneficiary may have standing to challenge provisions of the will that they believe do not reflect the testator's true intent

Creditors of the estate — in limited circumstances involving claims against the estate

Whether a specific individual has standing to contest a particular will is a fact-specific legal determination. The Law Offices of Richard Corey, PLLC evaluates standing at the outset of every will contest consultation — identifying whether the prospective client has the legal right to bring a challenge and, if standing is uncertain, developing the legal arguments to establish it.

Legal Grounds to Contest a Will in Florida

Florida law recognizes specific legal grounds on which a will may be challenged. A will contest must be based on one or more of these recognized grounds — personal dissatisfaction with the will's terms, without more, is not a sufficient basis for a legal challenge.

Lack of Testamentary Capacity

For a will to be valid in Florida, the person making it — called the testator — must have had the mental capacity to understand what they were doing at the time they signed the document. Under Florida Statute § 732.501, a testator must be of "sound mind" to make a valid will. Florida courts have interpreted this to mean that the testator must have understood the nature and extent of their property, the natural objects of their bounty (meaning their family and those close to them), the nature of the act of making a will, and how these elements relate to one another to form a coherent testamentary plan.

Lack of testamentary capacity claims most frequently arise when the testator was suffering from dementia, Alzheimer's disease, other forms of cognitive impairment, severe mental illness, or the effects of medications or substances that compromised their judgment at the time the will was executed. Proving lack of capacity requires medical records, treating physician testimony, and in many cases expert neurological or psychiatric testimony — evidence that the Law Offices of Richard Corey, PLLC pursues aggressively through the discovery process and through relationships with qualified medical experts.

Undue Influence

Undue influence occurs when someone in a position of trust or authority over the testator uses that position to override the testator's free will and substitute their own wishes for the testator's in the making or modification of the will. Undue influence claims are among the most common and most complex grounds for contesting a will in Florida — and they frequently arise when a caregiver, a new romantic partner, a child who provided care in the testator's final years, or another person who gained the testator's confidence used that position to procure a will that benefits them at the expense of other natural heirs.

Florida courts apply a burden-shifting framework to undue influence claims derived from the Florida Supreme Court's decision in In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971). Under this framework, if the person challenging the will establishes that the alleged influencer occupied a confidential relationship with the testator, was a substantial beneficiary under the will, and was active in procuring the will, a presumption of undue influence arises — shifting the burden to the proponent of the will to prove that the will was not the product of undue influence. Establishing these threshold facts requires thorough investigation of the testator's relationships, communications, financial transactions, and living circumstances in the period leading up to the will's execution.

Fraud

A will may be contested on the ground of fraud when the testator was deceived into signing the document — either because they were misled about the nature of what they were signing (fraud in the execution) or because someone deliberately provided false information that caused them to alter their testamentary plan (fraud in the inducement). Fraud in the execution most commonly occurs when a vulnerable testator is presented with a document they are told is something other than a will — a power of attorney, a routine financial document, or another instrument — and signs it without understanding that they are executing a testamentary document. Fraud in the inducement occurs when someone lies to the testator about a family member or beneficiary — causing the testator to disinherit or reduce the inheritance of that person based on false information.

Improper Execution

Florida Statute § 732.502 establishes specific formal requirements for the valid execution of a will. The will must be in writing, signed by the testator at the end of the document, and witnessed by two individuals who sign the will in the presence of the testator and in the presence of each other. Failure to comply with any of these execution requirements renders the will invalid regardless of the testator's intent. Improper execution claims are among the most technically straightforward grounds for a will contest — but identifying the defect requires careful review of the will's execution circumstances and, in some cases, deposition of the witnesses who were present at signing.

Forgery

When a will or a signature on a will was not made by the testator but was instead created or altered by another person without the testator's knowledge or authorization, the will may be challenged on the ground of forgery. Forgery claims require handwriting analysis by a qualified forensic document examiner who can compare the purported signature to known authentic samples of the testator's signature and render an expert opinion on authenticity. The Law Offices of Richard Corey, PLLC retains qualified forensic document examiners in will contest cases where forgery is alleged, building the evidentiary foundation necessary to present a compelling forgery claim in court.

Revocation

A previously valid will may have been revoked by the testator — through the physical destruction of the document, through the execution of a subsequent will that expressly or impliedly revokes the prior will, or through a written revocation signed with the same formalities required for a will. When the proponent of a will offers a document for probate that the testator had previously revoked, an interested party may contest the will on the ground of revocation.

How Long Do You Have to Contest a Will in Florida?

Florida imposes strict and unforgiving deadlines on will contests that must be understood and respected from the moment you learn of a potential challenge. Missing these deadlines permanently extinguishes your right to contest the will regardless of the strength of your case.

Under Florida Statute § 733.212, once a will has been admitted to probate and a personal representative has been appointed, the personal representative must serve all interested parties with a Notice of Administration. Upon receiving this notice, an interested party has 90 days to file a petition contesting the will. This deadline cannot be extended except in very limited circumstances involving fraud or misrepresentation about the deadline itself.

If a Formal Notice of the Petition for Administration is served before the will has been admitted to probate — meaning you receive notice that someone is seeking to have the will admitted — the deadline to file a caveat or contest is shortened to 20 days from service of that formal notice.

Additionally, Florida Statute § 733.107 establishes that the burden of proof in a will contest is on the party challenging the will — not on the proponent of the will — except in undue influence cases where the burden-shifting framework of In re Estate of Carpenter applies. Understanding these procedural rules and acting within the applicable deadlines is essential.

If you have any reason to believe a will contest may be necessary, contact The Law Offices of Richard Corey, PLLC immediately. The 90-day and 20-day deadlines run from the date of service of the relevant notice — not from the date you consult an attorney. Every day of delay is a day closer to permanently losing your right to challenge the will.

The Will Contest Process in Florida

Understanding the procedural roadmap of a Florida will contest helps you make informed decisions about whether and how to pursue a challenge.

Investigation and Case Evaluation

Before filing any court documents, The Law Offices of Richard Corey, PLLC conducts a thorough investigation of the facts surrounding the will's execution — obtaining and reviewing the testator's medical records, prior wills, financial records, and communications; identifying potential witnesses; and assessing the strength of the available evidence on every potential ground for challenge. This investigation informs the legal strategy and ensures that the will contest petition is built on the strongest available factual and legal foundation.

Filing the Will Contest Petition

A will contest in Florida is initiated by filing a petition with the probate court in the county where the will is being probated — for Broward County matters, this is the Seventeenth Judicial Circuit Court's Probate Division located at 201 SE 6th Street in Fort Lauderdale. The petition must specify the grounds on which the will is being challenged and must be filed within the applicable deadline. Once filed, the matter is classified as an adversary proceeding under Florida Probate Rule 5.025.

Discovery

Like other civil litigation matters, will contests in Florida involve a formal discovery process during which both sides exchange documents and take depositions. Key discovery in a will contest typically includes the medical records of the testator from the period surrounding the will's execution, the files of the attorney who drafted the will, the financial records of the testator and any alleged influencer, communications between the testator and the alleged influencer, and depositions of the witnesses who were present at the will's signing, the drafting attorney, treating physicians, and any other individuals with relevant knowledge.

Expert Witnesses

Will contests frequently require expert testimony to establish the legal grounds for challenge. Capacity claims require neurological or psychiatric expert testimony regarding the testator's cognitive state at the time of execution. Forgery claims require forensic document examiner testimony. Undue influence claims may benefit from expert testimony on elder exploitation, psychological vulnerability, and the dynamics of coercive control. The Law Offices of Richard Corey, PLLC retains qualified experts at the appropriate stage of every will contest to build the evidentiary foundation necessary for success.

Mediation and Settlement

Florida probate courts frequently require mediation before a will contest proceeds to trial. Many will contests resolve through mediated settlement — producing outcomes that avoid the cost, delay, and uncertainty of trial while achieving meaningful relief for the challenging party. The Law Offices of Richard Corey, PLLC approaches mediation in will contest cases from a position of demonstrated case strength — because a well-prepared litigation team achieves better mediation outcomes than one that has not developed its case fully.

Trial

When mediation does not produce a satisfactory resolution, the will contest proceeds to trial before the probate court judge. At trial, both sides present their evidence and expert testimony, examine and cross-examine witnesses, and argue the legal and factual issues to the court. The Law Offices of Richard Corey, PLLC prepares every will contest for trial from the first day of the engagement — ensuring that every piece of evidence is developed, every witness is prepared, and every legal argument is fully briefed before the matter reaches the courtroom.

What Happens If a Will Contest Is Successful?

If a will contest is successful — meaning the probate court finds the will invalid on one or more of the challenged grounds — several outcomes are possible depending on the specific circumstances:

If there is a prior valid will, the court may admit that earlier will to probate in place of the invalidated one, and the estate will be distributed according to its terms. If there is no prior valid will, or if all prior wills are also invalid, the estate will be distributed under Florida's intestate succession laws — which divide the estate among the closest surviving family members according to a statutory formula. In some cases, the court may invalidate only specific provisions of the will while leaving the remainder in effect — for example, striking a provision procured through undue influence while upholding the rest of the testator's plan.

How Our Attorneys Fight for You in a Florida Will Contest

Will contests are won or lost on evidence — and evidence in estate disputes is uniquely difficult to obtain, preserve, and present effectively. The primary witness — the testator — is gone. Medical records must be subpoenaed and interpreted by qualified experts. The alleged influencer has every incentive to conceal their conduct. Witnesses who were present at the will's execution may be reluctant to testify against the personal representative or the will's primary beneficiary. Building a winning will contest case requires the investigative resources, expert relationships, and litigation experience to develop compelling evidence from these challenging sources.

The Law Offices of Richard Corey, PLLC begins every will contest with immediate, thorough case investigation — identifying and preserving every available piece of evidence before it can be lost, destroyed, or made unavailable. We pursue aggressive discovery, depose every relevant witness, retain the medical, forensic, and expert witnesses the case requires, and build the factual record necessary to win at trial or achieve maximum settlement leverage. We understand the emotional dimensions of estate disputes — the family relationships at stake, the grief that underlies the conflict, and the sense of betrayal that motivates our clients to seek justice for their loved ones' true intentions. We bring both the legal firepower and the human understanding that these matters demand.

Richard P. Corey has been featured in USA Today, Yahoo News, and Influencive, is a TEDx Ocala 2025 speaker, and is a Member of the Bar of the Supreme Court of the United States and admitted to practice in the United States District Court for the Southern District of Florida. His experience in complex, multi-party civil litigation means he brings genuine trial-ready preparation to every will contest matter the firm handles.

Why Choose The Law Offices of Richard Corey, PLLC to Contest a Will in Florida?

Contesting a will in Florida is one of the most legally and factually demanding forms of civil litigation — and one of the most personally consequential for the families involved. Choosing the right attorney means choosing someone who combines genuine civil litigation experience, command of Florida probate law, access to the necessary expert witnesses, and the compassion to guide clients through one of the most difficult experiences of their lives.

Managing Attorney Richard P. Corey has been recognized as a Super Lawyers Rising Star in civil litigation for three consecutive years — a distinction awarded to fewer than 2.5% of attorneys in Florida. Our firm is boutique by design. Every will contest client works directly with Richard — not a paralegal or junior associate — and receives the focused, senior-level attention that high-stakes estate disputes require. We represent clients contesting wills throughout Fort Lauderdale, Broward County, Miami-Dade County, Palm Beach County, and across the state of Florida.

Serving Probate Litigation Clients Throughout South Florida

The Law Offices of Richard Corey, PLLC represents probate litigation clients throughout:

Fort Lauderdale
Broward County
Miami
Miami-Dade County
Boca Raton
West Palm Beach
Palm Beach County
Pompano Beach
Hollywood
Coral Springs
Plantation
Davie
Deerfield Beach
Weston
All of South Florida

We handle probate litigation matters in Florida state courts statewide and in the United States District Court for the Southern District of Florida.

Schedule a Consultation About Contesting a Will in Florida

If you believe a loved one's will does not reflect their true wishes — or if you have received a Notice of Administration and are evaluating whether to challenge a will — contact The Law Offices of Richard Corey, PLLC today. Time is critical. Florida's 90-day deadline runs from the date of service of the Notice of Administration, not from the date you contact an attorney. Do not wait.

The Law Offices of Richard Corey, PLLC
915 Middle River Drive, Suite 408
Fort Lauderdale, FL 33304
Phone: (954) 789-0461
Email: legal@rcenterpriselaw.com
Website: rcenterpriselaw.com

Related Practice Areas

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