Learning that a loved one’s will does not match what you expected can be painful, especially if it raises questions about how the decision was made. In Florida, a will can be challenged, but only by certain people, for certain reasons, and within a strict time limit. Understanding each part may help you decide what to do next.
Who can contest a will in Florida?
Only an interested person can contest a will. That generally means someone who stands to gain or lose from the outcome, such as a beneficiary or a family member who would inherit if the will did not stand.
Under Florida law, you can challenge a will only after the testator has died, because the law does not allow contests while the person is still alive. If you are unsure whether you qualify, it may help to ask an attorney early.
What are valid reasons to challenge a will?
Florida law voids a will, or the affected part of it, if it was signed because of fraud, threats or force, a mistake, or pressure that overrode the person’s own wishes. A will may also be challenged if it was not properly signed and witnessed or if the maker lacked the mental capacity to make it.
How long do you have to file an objection?
The time limit can be short. After the court accepts the will, the personal representative sends you a notice of administration. From the date you receive it, you have three months to file your objection to the will’s validity. If you miss that window, the court will permanently bar your objection.
However, if the petitioner serves you with formal notice of a petition for administration before the court accepts the will, Florida law gives you only 20 days to file your written defenses. Other limits may also apply, so it may help to confirm your deadline as soon as you receive any notice from the personal representative.
What happens after you file a petition?
If the court has already accepted the will, you file a petition for revocation of probate to cancel that approval. If not, you file a formal objection. The person defending the will goes first and must show that the maker signed it properly and that witnesses watched them sign it, and a self-proving affidavit can help.
After that, you generally must prove your reasons for challenging it. If you show facts that raise a presumption of undue influence, the other side must then show that it did not happen. Because evidence matters, it may help to start gathering documents and the names of people who knew the person who died.
Every estate and family is different, and these cases can be emotionally difficult. If you are considering a challenge, it may help to speak with a Florida probate attorney about your options and your deadline.