Lorenzo Law

WILL CONTEST

Thousands of probate cases are opened each year in Florida. In a majority of these cases, the decedent’s property is eventually distributed by will. In other cases, the decedent left no will and the estate is distributed according to the Florida rules on intestate succession. In some cases, however, the will is called into dispute, resulting in a will contest. 

Grounds for Contesting a Will

Florida law provides several possible pathways by which a will might be disputed, including:

Procedure

A will contest is not a separate proceeding — it is part of regular probate proceedings. Anyone who could be affected by its outcome (an “interested person”) is entitled to challenge a will, even if they are ot mentioned in the will, and any other interested person is entitled to defend the will by opposing the challenge.

The general deadline for challenging a will is 90 days after the Notice of Administration is issued; in some cases the deadline can be as short as 20 days. If the challenge is submitted in time, an adversarial hearing will be held and the probate court will make the decision.

Make It Happen With Lorenzo Law

If you are involved in a will contest, if you anticipate having to defend a will against a claimant, or if you intend to file a will contest yourself, contact estate attorney Jose Lorenzo by calling (305) 999-5411, completing our online contact form or visiting one of our offices in Coral Gables and Ft. Lauderdale. We handle cases throughout the entire state of Florida

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