Can You Contest a Will After Probate in Florida?

You just learned your mother’s will left everything to your sister—nothing to you or your brother. You didn’t even know about it until months after she died, after the will was already admitted to probate.

Now the details don’t add up. Your mother had dementia. The will was changed weeks before her death. Your sister was the only one by her side.

You believe the will does not reflect your mother’s true wishes.

But the will has already been probated. Is it too late?

Not necessarily. Florida law allows will contests after probate begins—but only within strict deadlines. Miss them, and the right to challenge the will is gone for good.

Here’s what you need to know about contesting a will after it has been admitted to probate in Florida.

Florida’s Will Contest Deadlines

Florida gives you a limited window to challenge a will’s validity.

These deadlines exist to provide certainty and allow estates to move forward without the threat of challenges hanging over them indefinitely.

The Three-Month Deadline After Notice

Under Section 733.212, Florida Statutes, you must object to a will’s validity within three months of receiving notice of administration.

This is the most common deadline and the one that trips up most people.

The three months begins when:

• You’re personally served with a copy of the notice of administration
• Or when notice is mailed to your last known address

The notice of administration is a document the personal representative must send to all beneficiaries and heirs, informing them that probate has been opened.

What If You Never Received Notice?

If the personal representative failed to provide you with notice of administration, you may have more time.

However, there’s still an absolute deadline:

The One-Year Absolute Deadline

According to Section 733.212, all challenges to a will’s validity must be filed no later than one year after the date of service of the notice of administration.

Even if you never received notice, once one year passes from when notice was sent to others, your time to contest is gone.

The Final Discharge Deadline

There’s another potential cutoff: the entry of an order of final discharge of the personal representative.

Under Section 733.212, if the personal representative is discharged before the three-month or one-year deadlines expire, that discharge cuts off your ability to contest—unless you’ve already filed your objection.

Once the estate is closed and the personal representative discharged, reopening the case becomes extremely difficult.

Why These Deadlines Are Strict

Florida courts interpret these deadlines strictly with very limited exceptions.

The only situation where the three-month deadline can be extended is if the personal representative made a misstatement about how long you had to file an objection.

The law explicitly states that the deadline cannot be extended for:

• Failure to disclose information
• Affirmative representations that misled you
• Misconduct by the personal representative
• Any other reason besides a misstatement about the filing deadline

This means even if you discover fraud or have other compelling reasons for missing the deadline, the court cannot extend it in most cases.

What “Contesting a Will” Actually Means

Let’s be clear about what you’re challenging.

A will contest challenges the validity of the will itself. You’re arguing the will shouldn’t be recognized as the deceased person’s lawful testamentary document.

This is different from:

• Disputing how the estate is being administered
• Challenging a specific provision’s interpretation
• Questioning the personal representative’s actions

Those issues can be raised at different times under different rules.

Legal Grounds for Contesting a Will

You can’t contest a will just because you don’t like what it says.

Under Section 732.5165, Florida Statutes, you must prove the will (or part of it) is invalid due to:

Lack of Testamentary Capacity

The person making the will (testator) must have been mentally competent when they signed it.

Lack of capacity means:

• They didn’t understand they were making a will
• They didn’t know what property they owned
• They didn’t understand who their family members were
• They didn’t comprehend how the will would distribute their property

Dementia, Alzheimer’s disease, mental illness, or being under the influence of drugs or alcohol can affect capacity.

Undue Influence

Undue influence occurs when someone manipulates or pressures the testator into making a will that doesn’t reflect their true wishes.

Signs of undue influence include:

1. The beneficiary had a confidential relationship with the testator (caregiver, power of attorney)
2. The beneficiary was active in procuring the will (taking them to the attorney, being present during signing)
3. The will provides an unusual or unnatural distribution (disinheriting close family members)
4. The testator was vulnerable due to age, illness, or dependence on the influencer

Under Section 733.107, Florida Statutes, there’s a presumption of undue influence when someone in a confidential relationship benefits substantially from the will.

Fraud or Forgery

Fraud involves someone deceiving the testator about:

• What they were signing
• What the will contained
• Facts that influenced their decisions

Forgery means the signature on the will isn’t the testator’s or was signed without their knowledge or consent.

Improper Execution

Florida has specific requirements for executing a valid will under Section 732.502, Florida Statutes:

• The testator must sign (or have someone sign for them)
• Two witnesses must see the testator sign or acknowledge the signature
• The witnesses must sign in the testator’s presence and each other’s presence

If these formalities weren’t followed, the will may be invalid.

Revocation

Sometimes a will was properly revoked before death, but the revocation wasn’t documented.

A will can be revoked by:

• Creating a new will that revokes the old one
• Physically destroying the will with intent to revoke it
• Divorce (which automatically revokes provisions favoring the ex-spouse)

If you can prove the will was revoked, it’s invalid.

The Will Contest Process

If you have grounds to contest and you’re within the deadline, here’s what happens:

Filing the Petition or Objection

You begin by filing a petition or objection with the probate court.

The document must:

• State the specific grounds for contesting (lack of capacity, undue influence, etc.)
• Provide facts supporting your claims
• Request relief (setting aside the will, ordering a trial)
• Be served on the personal representative and all interested parties

The Court’s Initial Review

The court will review your petition to determine if it states valid grounds for a contest.

If your petition is legally insufficient, it may be dismissed before proceeding.

Discovery and Investigation

Both sides will gather evidence through:

• Depositions of witnesses
• Medical records review (if capacity is at issue)
• Financial records analysis
• Expert testimony from doctors, psychologists, or handwriting analysts
• Witness statements from people who knew the testator

Discovery can take months and involves significant expense.

Mediation

Many will contests are resolved through mediation before trial.

A neutral mediator helps both sides negotiate a settlement, which might include:

• Modifying distributions to resolve the dispute
• Partial compromise on contested provisions
• Agreement on interpretation of ambiguous terms

Mediation saves time, money, and stress compared to trial.

Trial

If settlement isn’t possible, the case proceeds to trial.

The person contesting the will has the burden of proving it’s invalid.

The trial involves:

• Testimony from witnesses
• Expert opinions
• Documentary evidence
• Legal arguments

The judge (or jury in some cases) decides whether the will is valid.

What Happens If the Will Is Invalidated

If you successfully contest the will, the court will declare it invalid.

A Prior Will May Apply

If the deceased person made an earlier will, that will becomes effective instead.

This is common when someone made a will years ago, then created a new one under questionable circumstances.

Intestate Succession

If there’s no valid prior will, the estate passes according to Florida’s intestacy laws under Chapter 732, Florida Statutes.

Generally:

• The surviving spouse and children inherit
• If no spouse or children, then parents
• If no parents, then siblings
• More distant relatives in order of closeness

Partial Invalidity

Sometimes only part of the will is invalid.

For example, if undue influence affected only certain provisions, the court may strike those provisions while upholding the rest.

The Cost and Risk of Will Contests

Will contests are expensive and time-consuming.

Legal Costs

Expect to pay:

• Attorney fees ranging from $20,000 to $100,000+ for complex cases
• Expert witness fees for doctors, psychologists, forensic accountants
• Court costs and filing fees
• Deposition and discovery expenses

Most probate attorneys handling will contests work on an hourly basis.

The “No Contest” Clause Problem

Some wills include “no contest” clauses stating that anyone who challenges the will and loses forfeits their inheritance.

However, Section 732.517, Florida Statutes declares these clauses unenforceable in Florida.

This means you can contest the will without fear of losing what you would have inherited if you lose the contest.

Emotional Toll

Will contests pit family members against each other.

They can:

• Permanently damage relationships
• Create lasting bitterness
• Cause stress and anxiety
• Delay estate settlement for years

Before filing a contest, consider whether it’s worth the emotional cost.

Alternatives to Formal Will Contests

Sometimes there are better options than a full will contest:

Negotiated Settlement

Many disputes can be resolved by negotiating with other beneficiaries and the personal representative.

You might agree on:

• A cash payment to resolve your concerns
• Modified distribution of assets
• Compromise on disputed provisions

Settlements avoid the cost and uncertainty of litigation.

Challenging Estate Administration

If the will itself is valid but the personal representative is mismanaging the estate, you can:

• Object to accountings
• Petition for the representative’s removal
• Request court supervision
• Challenge specific transactions

These remedies address problems without invalidating the will.

Pursuing Other Claims

You might have claims that don’t involve contesting the will’s validity:

• Claiming property was wrongfully transferred before death
• Pursuing claims for financial exploitation of the deceased
• Seeking return of gifts made under undue influence
• Asserting rights to property not covered by the will

An attorney can help identify all available options.

Protecting Your Rights Before It’s Too Late

If you believe there’s a problem with a will, act immediately.

The three-month and one-year deadlines are absolute, with very limited exceptions.

Steps to Take Now

1. Request a copy of the will and all probate documents
2. Gather evidence of capacity issues, undue influence, or other problems
3. Speak with witnesses who knew the deceased
4. Collect medical records if capacity is at issue
5. Document the timeline of when the will was created
6. Consult an experienced probate litigation attorney immediately

Don’t wait to see how things develop. Once the deadline passes, your rights are gone forever.

Get Immediate Legal Guidance

If you’re considering contesting a will, time is critical.

At Vollrath Law, our estate litigation attorneys help clients throughout Central Florida protect their inheritance rights through will contests and other probate disputes.

We understand you’re dealing with grief while facing complex legal questions, and we’re committed to providing compassionate, effective representation.

The deadlines for contesting a will are strict and unforgiving. Don’t wait until it’s too late.

Contact us today for an urgent consultation.

Common Questions About Contesting Wills After Probate

What if I just found out about the will months after it was probated?

You must act immediately. If you received formal notice of administration but didn’t realize its significance, you may have already missed the three-month deadline. However, if you never received notice, you may still be within the one-year deadline.

Can I contest a will if I’m not mentioned in it?

Yes, if you would have inherited under a prior will or through intestacy laws, you have standing to contest. This includes children, spouses, and other close relatives who were disinherited.

Do I need evidence before filing a contest?

You need enough evidence to state valid grounds for the contest. You’ll gather more evidence during the discovery process, but you should have some basis for your claims before filing.

How long do will contests typically take?

From filing to resolution, will contests typically take 6 months to 2 years, depending on complexity and whether the case goes to trial or settles.

Can I still receive my inheritance while the contest is pending?

Usually, distributions are delayed while a will contest is pending. The court wants to ensure assets aren’t distributed based on an invalid will.

What’s the success rate for will contests?

This varies greatly based on the strength of evidence. Cases with clear evidence of a lack of capacity or undue influence have better success rates. Many cases settle before trial, with contestants receiving partial distributions.