How to Contest a Will in Florida Probate Court: Essential Information You Need to Know

By Stokes McMillan Antunez Martinez-Lejarza P.A. on September 18, 2023

Introduction

When an individual dies, their final will and testament directs the dispersion of their estate. Occasionally, there may be circumstances that lead to the questioning of the will’s validity, such as claims of the deceased not being mentally competent during its creation. If you find yourself considering a challenge to a will in a Florida probate court, it’s crucial to grasp the legal intricacies and your rights. This blog provides exhaustive information on the process of contesting a will in Florida, elaborating on the legitimate grounds, the filing timeframes, and the evidential burden involved.

Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full-service Florida trusts and estates law firm providing services including, but not limited to, probate, estate planning, trust & estate administration, and trust and estate litigation. If you have any questions or wish to hire our firm, please contact us.

Eligible Grounds for Contesting a Will in Florida

Several legal bases allow for contesting a will in Florida. They encompass:

Mental Incapacity: If the decedent was mentally unfit during the will’s inception, its validity could be questioned. Evidence such as medical records or witness testimonies can support this claim, though it might be challenging to establish.
Undue Influence: The will could be deemed invalid if the deceased was coerced or unduly influenced to formulate the will. This scenario, too, can be hard to substantiate, but clues such as financial transactions or gifts between the deceased and the alleged influencer can be supportive.
Fraud: If the decedent was duped or manipulated into creating the will, its legitimacy may be challenged. Forged documents or false assertions, if presented as proof, can solidify this claim, despite the inherent difficulty in proving fraud.
Mistake: A will can be invalidated due to errors, such as typographical errors or misconceptions. Evidence from witnesses or the drafting attorney can strengthen this ground, though it might be an uphill battle to prove.

Deadline for Filing a Challenge

In Florida, a challenge to a will should be filed within 90 days following the date of death. If this deadline passes, a late challenge can be lodged, provided you justify the delay convincingly.

Proof Obligations

The onus of proof lies with the individual disputing the will. They must establish its invalidity through a preponderance of evidence, meaning that it’s more plausible for the will to be invalid than valid.

Understanding the Probate Process

Should you decide to challenge a will in Florida, a petition must be submitted to the probate court requesting the will’s invalidation. Following this, a hearing is scheduled to evaluate the challenge.

During the hearing, the challenger can present their evidence. The drafter of the will and the named beneficiaries may also produce evidence in defense. The court then determines the validity of the will.

Undoubtedly, contesting a will in Florida’s probate court can be a daunting, intricate process. However, if the will is potentially invalid, you retain the right to dispute it. Consulting with a seasoned probate attorney to discuss your legal avenues is always advisable.

FAQs

1. What is the likelihood of successfully contesting a will in Florida?

The probability of a successful challenge varies based on the case’s specifics. As per the Florida Bar’s study, a meager 10% of will contests achieve success.

2. How much does it cost to contest a will in Florida?

The expenses associated with contesting a will in Florida can differ according to the case’s complexity.

3. What advantages do I gain from contesting a will in Florida?

If your challenge is victorious, you stand a chance to inherit assets you would have otherwise missed out on. It also presents an opportunity to block someone from receiving assets undeservingly.

4. What are the potential risks involved in contesting a will in Florida?

If your challenge fails, you may be compelled to cover the legal costs of the will drafter and the beneficiaries. Besides, this might strain your familial relationships.

5. How can I find a proficient probate attorney in Florida?

Seeking a skilled probate attorney in Florida can be as simple as an online search or soliciting recommendations from acquaintances. During the evaluation process, inquire about their experience with will contests and their fee structure.

Finding a Probate Attorney in Florida

It is important to ensure your specific questions are answered about probate and contesting a will in Florida.

DISCLAIMER

This article was partly generated by the use of artificial intelligence or AI, and is provided as general information for educational purposes only. This article is not intended to provide specific legal advice, and should not be relied upon as a substitute for competent advice from a licensed attorney. To speak with one of our attorneys all you have to do is click here. If you’re interested in more in-depth ruminations on this area of the law written 100% by a live human being, visit the Florida Probate & Trust Litigation Blog by going to the home page for firm partner Juan Antunez.