When Can Someone Contest Your Will in Florida?

Quick answer: In Florida, a will can only be contested after the testator has died and while probate is active. Eligible challengers must have legal standing and file within strict deadlines, either 90 days from a Notice of Administration or 20 days from a Formal Notice of Petition for Administration.

Planning your estate is one of the most important steps you can take for the people you care about. But what happens when someone disputes your wishes after you’re gone? Contesting a will is more common than many people expect, and in Florida, the rules around it are specific and time-sensitive.

Understanding when and how a will can be contested helps you take the right steps now, whether you’re creating a will for the first time, updating an existing one, or navigating a dispute during the probate process. The estate planning attorneys at EC Law Counsel can help you understand when and how a will can be contested so you can better prepare your will for the sake of your beneficiaries.

When Can a Will Be Contested in Florida?

Florida law limits when someone can contest your will. A challenge cannot be filed while the testator, the person who created the will, is still alive. Contesting a will only becomes possible after the testator’s death, and only while the estate is going through active probate administration.

Timing matters. Florida imposes strict filing deadlines:

• 90 days from the date an interested person receives a Notice of Administration
• 20 days from the date someone is served a Formal Notice of Petition for Administration

Missing these deadlines can permanently bar someone from contesting the will, regardless of the strength of their claim.

Who Has the Right to Contest a Will in Florida?

Not everyone can contest a will. Florida law limits this right to “interested persons,” which generally includes:

• Beneficiaries named in the current will or in a prior version of the will
• Heirs-at-law, meaning family members who would be entitled to inherit under Florida’s intestacy laws if no valid will existed

If someone does not fall into one of these categories, they typically lack legal standing to bring a challenge.

What Are Valid Legal Grounds for Contesting a Will?

A will cannot be contested simply because someone disagrees with the testator’s choices. Florida courts require a legitimate legal basis. The four recognized grounds for a will contest are:

1. Lack of Capacity

The testator must have been of sound mind when signing the will. If the person did not understand the nature of their assets, the identity of their family members, or the effect of the document they were signing, this may support a capacity challenge.

2. Undue Influence

This ground applies when another person used pressure, manipulation, or control to override the testator’s free will. Common scenarios involve caregivers, family members, or others in a position of trust who steered the testator toward decisions that benefited them.

3. Fraud or Forgery

If the will itself, or the testator’s signature, was falsified or produced through deception, the document may be invalidated on grounds of fraud or forgery.

4. Improper Execution

Florida law requires a will to be signed in the presence of two witnesses. If the document was not executed correctly, it may not hold up in court.

What Happens After a Will Is Contested?

Once a formal objection is filed, the dispute becomes part of the probate proceeding. The court will review the evidence, hear arguments from both sides, and determine whether the will should be upheld or invalidated.

Early preparation is critical. Gathering relevant documentation, correspondence, medical records, and witness statements as soon as possible strengthens any position in a contested probate matter.

Protecting Your Estate Starts Now

Whether you want to reduce the risk of someone contesting your will, or you are an interested person facing a potential dispute, the process can be complex. Working with a qualified Florida attorney helps ensure your wishes are legally sound and properly documented.

Florida residents: If you need to create a new will or update an existing one, contact EC Law Counsel for guidance. Taking this step now can help protect your estate and give your loved ones clarity when it matters most.

Frequently Asked Questions

Can a will be contested before someone dies?

No. A will contest is only permitted after the testator has died and while the estate is in active probate administration in Florida.

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

You have 90 days from receiving a Notice of Administration, or 20 days if served a Formal Notice of Petition for Administration.

Who can contest a will in Florida?

Only “interested persons” with legal standing, including named beneficiaries and heirs-at-law who would inherit under Florida’s intestacy laws.

What is the most common ground for contesting a will?

Undue influence and lack of capacity are among the most frequently cited grounds in Florida will contest cases.

Does contesting a will mean it gets thrown out?

Not automatically. The court reviews the evidence and determines whether the will should be upheld, partially modified, or invalidated.