By your situation · Will contests, undue influence claims, disputes over who is an heir

Disputed will or heir

Will contests, undue influence claims and heirship disputes: grounds, deadlines and procedure

Florida law voids a will, or any part of it, if its execution was procured by fraud, duress, mistake or undue influence, and a revocation procured the same way is void (§ 732.5165, Fla. Stat. (2026)). A person must be of sound mind and 18 or older, or an emancipated minor, to make a will (§ 732.501, Fla. Stat. (2026)), and a will must be in writing, signed by the testator at the end and witnessed by at least two attesting witnesses who sign in the presence of the testator and of each other (§ 732.502(1)).

A will contest, a petition for revocation of probate and a proceeding to determine beneficiaries are adversary proceedings under Fla. Prob. R. 5.025(a)(5)-(7) (Oct. 15, 2026 ed.). After formal notice is served, the proceeding is conducted as nearly as practicable like a civil suit, and the Florida Rules of Civil Procedure govern except rule 1.525 (Fla. Prob. R. 5.025(d)). In any proceeding affecting the estate or the rights of a beneficiary, the personal representative is deemed an interested person (§ 731.201(23)).

The deadline is set by § 733.212(3), Fla. Stat. (2026). An interested person served with the notice of administration must object to the validity of the will, the venue or the court's jurisdiction on or before 3 months after service, or the objection is barred. The 3 months can be extended only for estoppel based on a misstatement by the personal representative about the time period, and all such objections must be filed no later than the earlier of final discharge or 1 year after service.

A dispute about who is an heir goes to the court through a petition to determine beneficiaries, which any interested person can file when there is doubt about who is entitled to receive property or in what shares (§ 733.105(1)). Paternity, adoption and similar questions are decided under § 732.108.

The implications

What this means for you

The 3-month period runs from service. Objections to the will's validity, venue or jurisdiction are due 3 months after the date of service of the notice of administration on the objecting person (§ 733.212(3)). A person served with formal notice of the petition for administration before letters issue, or who waived notice, cannot challenge the will, testacy, venue or jurisdiction except in the proceedings before letters issue (§ 733.2123, Fla. Stat. (2026)).
Grounds in the statutes. A will is void if procured by fraud, duress, mistake or undue influence (§ 732.5165). A will executed without the formalities of § 732.502(1) or by a person who was not of sound mind (§ 732.501) does not meet the statute. A later will or codicil can be offered until the estate is completely administered (§ 733.208).
Burden of proof. The proponent must establish prima facie the formal execution and attestation of the will, and a self-proving affidavit under § 732.503 establishes it prima facie. The contestant then has the burden of establishing the grounds of the objection (§ 733.107(1)). Where the presumption of undue influence applies, it shifts the burden of proof (§ 733.107(2); Fla. Prob. R. 5.275 (Oct. 15, 2026 ed.)).
Gifts to the lawyer who drafted the instrument. A gift to a lawyer, or a person related to the lawyer, in an instrument the lawyer prepared or supervised or solicited is void unless the lawyer or recipient is related to the person making the gift (§ 732.806(1), Fla. Stat. (2026)).
Revocation of probate. Any interested person, including a beneficiary under a prior will, can start a proceeding to revoke probate before final discharge of the personal representative, unless barred by § 733.212 or § 733.2123 (§ 733.109(1)). The personal representative continues administering, and no distribution can be made in contravention of the rights of those who would be entitled but for the will (§ 733.109(2); Fla. Prob. R. 5.270(b)).
Caveat. An interested person who is apprehensive that an estate will be administered or a will admitted without knowledge can file a caveat. A caveat by a person other than a creditor can be filed before or after death, and the court cannot admit a will or appoint a personal representative until formal notice of the petition for administration is served on the caveator (§ 731.110(1) and (3), Fla. Stat. (2026)). A caveat filed before death expires 2 years after filing (§ 731.110(4)).
Heirship. A person born out of wedlock is a descendant of the father if the parents participated in a marriage ceremony, the father's paternity is established by adjudication before or after his death, or the father acknowledged paternity in writing (§ 732.108(2)). A killer is not entitled to benefits under the will or the Probate Code, and the estate passes as if the killer predeceased (§ 732.802(1), Fla. Stat. (2026)).

The fit

Which path applies

Each path below links to its page with the statutes and rules that apply.

Formal Administration

The personal representative continues administering while a contest is pending; revocation of probate is brought in the same court

Clerk fee up to $395 + $4

The pitfalls

Common problems

Each item cites the statute or rule it comes from.

Missing the 3-month objection deadline. The period starts at service of the notice of administration on the objecting person and can be extended only for estoppel based on the personal representative's misstatement of the period. It is not extended for failure to disclose information or misconduct (§ 733.212(3)).
Failing to contest the will before challenging a trust. The notice of administration states that, by failing to contest the will, the recipient may be waiving the right to contest the validity of a trust or other writing incorporated by reference into the will (§ 733.212(2)(f)).
Waiving notice before letters issue. A person who is served with formal notice before letters issue, or who waives notice, cannot challenge validity, testacy, venue or jurisdiction after letters, except in the proceedings before letters (§ 733.2123).
Relying on a grievance without a statutory ground. The contestant has the burden of establishing the grounds on which probate is opposed (§ 733.107(1)). The grounds in the statutes include fraud, duress, mistake and undue influence (§ 732.5165), want of sound mind (§ 732.501) and non-compliance with the execution formalities (§ 732.502(1)).
Exposure to costs and fees. Costs may be awarded as in chancery actions, and the court may direct from what part of the estate costs and fees are paid, including by assessing them against one or more persons' parts of the estate (§ 733.106(1) and (4)). A nominated personal representative or proponent justified in good faith in offering the will receives costs and fees from the estate even if probate is denied or revoked (§ 733.106(2)).
Letting administration stop. A pending revocation proceeding does not suspend administration (§ 733.109(2); Fla. Prob. R. 5.270(b)). A purchaser in good faith for value from the personal representative before an order of revocation keeps title (§ 733.109(3)).

The FAQ

Frequently asked questions

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

An interested person served with the notice of administration must object within 3 months after the date of service, and no later than the earlier of final discharge or 1 year after service of the notice (§ 733.212(3)). The 3 months can be extended only for estoppel based on a misstatement by the personal representative about the filing period (§ 733.212(3)).

What are the grounds to contest a will?+−

The statutes void a will procured by fraud, duress, mistake or undue influence (§ 732.5165), and require that the testator be of sound mind (§ 732.501) and sign with two attesting witnesses (§ 732.502(1)). A later will or codicil offered before the estate is completely administered is another way a will can be displaced (§ 733.208). The Florida Probate Rules list a contest of the validity of a will as an adversary proceeding (Fla. Prob. R. 5.025(a)(6)).

Who has the burden of proof in a will contest?+−

The proponent must first establish prima facie the formal execution and attestation of the will, and a self-proving affidavit or an attesting witness's oath establishes that prima facie. The contestant then has the burden of establishing the grounds of the objection (§ 733.107(1)). The presumption of undue influence, where it applies, shifts the burden of proof (§ 733.107(2)).

What is a caveat?+−

A caveat is a filing by an interested person who is apprehensive that an estate will be administered or a will admitted without that person's knowledge (§ 731.110(1)). If a non-creditor files one, the court cannot admit a will or appoint a personal representative until formal notice of the petition for administration is served on the caveator, who can participate in the proceedings (§ 731.110(3)). The rule sets what the caveat contains and requires a nonresident caveator to designate a resident agent unless an attorney signs (Fla. Prob. R. 5.260(b)-(c)).

Does the estate keep being administered during a contest?+−

Yes. Pending a petition to revoke probate, the personal representative proceeds as if no revocation proceeding had been commenced, except that no distribution may be made in contravention of the rights of those who would be entitled to the property but for the will (§ 733.109(2); Fla. Prob. R. 5.270(b)).

Can a will dispute be settled by mediation?+−

Possibly. A court may refer all or part of a filed civil action to mediation (§ 44.102(2)(b)), and an adversary probate proceeding is conducted as nearly as practicable like a civil suit (Fla. Prob. R. 5.025(d)(2)). The Probate Rules do not mention mediation, and referral in a particular case is the court's decision.

Who pays the legal fees in a contested estate?+−

The court may award costs as in chancery actions and may direct which part of the estate pays costs and fees, including by assessing them against one or more persons' parts (§ 733.106(1) and (4)). A person nominated as personal representative, or a will's proponent, who in good faith was justified in offering the will receives costs and fees from the estate even if probate is denied or revoked (§ 733.106(2)).

How is a person's status as an heir contested?+−

Any interested person can petition the court to determine beneficiaries or their shares when there is doubt about who is entitled to receive property (§ 733.105(1)). A petition to determine beneficiaries is an adversary proceeding (Fla. Prob. R. 5.025(a)(5)). A child born out of wedlock is the father's descendant if one of the three conditions in § 732.108(2) is met, and ch. 95 does not apply to the adjudication of paternity in a probate proceeding (§ 732.108(2)(b)).

Can a person who killed the decedent inherit?+−

No. A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent receives no benefits under the will or the Probate Code, and the estate passes as if the killer predeceased (§ 732.802(1)). A final judgment of conviction of murder in any degree is conclusive. Without a conviction, the court may decide by the greater weight of the evidence whether the killing was unlawful and intentional (§ 732.802(5)).

In short

A contest and the administration run in parallel. The objection period is fixed by § 733.212(3), and administration continues while a revocation petition is pending (§ 733.109(2)).

Last checked: October 19, 2026

Sources

Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site.

§ 732.5165, Fla. Stat. (2026), Effect of fraud, duress, mistake, and undue influence. The Florida Senate. A will procured by these means is void. Plain-English page on this site.
§ 732.501, Fla. Stat. (2026), Who may make a will. The Florida Senate. Sound mind and age requirement. Plain-English page on this site.
§ 732.502(1)(c), Fla. Stat. (2026), Execution of wills. The Florida Senate. Writing, signature and witnesses. Plain-English page on this site.
§ 732.503, Fla. Stat. (2026), Self-proof of will. The Florida Senate. Self-proving affidavit. Plain-English page on this site.
§ 733.107, Fla. Stat. (2026), Burden of proof in contests; presumption of undue influence. The Florida Senate. Burden of proof; presumption shifts the burden. Plain-English page on this site.
§ 733.109(2), Fla. Stat. (2026), Revocation of probate. The Florida Senate. Who may petition; continued administration; good-faith purchasers. Plain-English page on this site.
§ 733.212(3), Fla. Stat. (2026), Notice of administration; filing of objections. The Florida Senate. 3-month objection period, 1-year outer limit, estoppel exception, trust-contest waiver notice. Plain-English page on this site.
§ 733.2123, Fla. Stat. (2026), Adjudication before issuance of letters. The Florida Senate. Challenges after formal notice or waiver before letters.
§ 733.208, Fla. Stat. (2026), Discovery of later will. The Florida Senate. A later will can be offered until the estate is completely administered.
§ 733.105, Fla. Stat. (2026), Determination of beneficiaries. The Florida Senate. Petition to determine beneficiaries or shares. Plain-English page on this site.
§ 733.106(1), Fla. Stat. (2026), Costs and attorney fees. The Florida Senate. Costs, fees and assessment against parts of the estate. Plain-English page on this site.
§ 731.110(3), Fla. Stat. (2026), Caveat; proceedings. The Florida Senate. Caveat filing, effect and expiration.
§ 732.108(2)(b), Fla. Stat. (2026), Adopted persons and persons born out of wedlock. The Florida Senate. Paternity and adoption for intestate succession. Plain-English page on this site.
§ 732.802(1), Fla. Stat. (2026), Killer not entitled to receive property or other benefits by reason of victim’s death. The Florida Senate. Killer receives no benefit; proof standard. Plain-English page on this site.
§ 732.806(1), Fla. Stat. (2026), Gifts to lawyers and other disqualified persons. The Florida Senate. Gift to the drafting lawyer is void. Plain-English page on this site.
§ 44.102(2)(b), Fla. Stat. (2026), Court-ordered mediation. The Florida Senate. A court may refer all or part of a filed civil action to mediation.
Fla. Prob. R. 5.025, Adversary proceedings. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Will contest, revocation and determination of beneficiaries are adversary proceedings; civil-suit procedure.
Fla. Prob. R. 5.260, Caveat; proceedings. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Caveat contents and resident agent.
Fla. Prob. R. 5.270, Revocation of probate. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Petition contents; administration continues.
Fla. Prob. R. 5.275, Burden of proof in will contests. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Burden on proponent then contestant.

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