Florida Estate and Probate Disputes: What Your Options Are
Written by Jose M. Lorenzo, Jr., Florida probate attorney · Updated August 2026
Most estates close quietly. The ones that don’t tend to fail along a few predictable lines: a will that appeared late and favored someone new, a transfer made when the person making it was no longer really deciding, or siblings who inherit a house together and want opposite things from it.
Florida law gives beneficiaries real tools in these situations — but the deadlines are shorter than people expect, and the window to act often closes before a family has finished arguing about whether to.
Florida estate disputes: the short answers
| How long do I have to object to a will? | Under § 733.212(3) the statute says 3 months — not 90 days. Those are different deadlines. Served on January 1, the objection is due April 1, not March 31. |
| What are the grounds for contesting a will? | Lack of testamentary capacity, undue influence, fraud, duress, mistake, forgery, improper execution, or a later valid will. |
| Who has to prove what? | Once a self-proving affidavit or an attesting witness establishes the will, the burden moves to the person challenging it, who must prove the ground being argued. |
| Can a transfer made before death be challenged? | Yes. Accounts retitled and deeds signed in the months before a death are challengeable, and are often where the real dispute lives. |
Will contests: the short version
The most common Florida estate dispute is a challenge to the will itself. Two facts decide most of these cases.
The deadline is 3 months, not 90 days. Under Fla. Stat. §733.212(3), an interested person served with a Notice of Administration has three calendar months to object to the validity of the will, or the objection is forever barred. Served January 1, the deadline is April 1 — not March 31.
Unfairness alone is not a ground. A Florida will can be set aside only for lack of testamentary capacity, insane delusion, undue influence, fraud, duress, mistake, forgery, improper execution, or because a different instrument controls.
The grounds, the burden of proof, the evidence you need and how to obtain it, what it costs and the full court procedure are covered in our complete guide: Contesting a Will in Florida. If you want to speak with a Florida will contest attorney, call (305) 224-6811.
Can you challenge a transfer the decedent made before death?
Yes — and it is often where the real money is. Accounts retitled into a caregiver’s name, a deed signed months before death, a beneficiary designation changed after a diagnosis: all of these can be challenged, and none of them are addressed by contesting the will alone, because the asset never entered the estate.
Full guides: Challenging Transfers Before Death · Florida Deed Contest · Can a Lady Bird Deed Be Contested?
What if a personal representative or trustee is mishandling the estate?
A fiduciary who self-deals, refuses to account, or fails to distribute can be forced to account, surcharged, and removed. Beneficiaries do not have to wait until the estate closes to act.
Full guides: Breach of Fiduciary Duty · Trustee Removal · Estate Litigation Attorney · Trust Litigation
What happens when siblings inherit a house and disagree?
When co-owners want different outcomes for inherited property, Florida’s remedy is a partition action — a court-supervised sale or division that does not require everyone to agree.
Full guide: When Siblings Disagree Over the Family Home in Probate
How do I get notice before anything is filed?
A caveat filed with the court entitles you to notice before an estate is opened or a will is admitted — which is how you avoid finding out about a probate after the deadline to object has already run.
Full guide: Caveats in Florida Probate
Every Florida estate dispute guide
- Contesting a Will in Florida
- Can You Challenge a Transfer Made Before Death?
- When Siblings Disagree Over the Family Home
- Caveats in Florida Probate
Types of claim
Florida Probate Litigation · Florida Will Contest · Florida Undue Influence Attorney · Breach of Fiduciary Duty · Trustee Removal · Florida Deed Contest · Estate Litigation Attorney · Trust Litigation
Probate litigation by location
Miami · Fort Lauderdale · West Palm Beach · Boca Raton · Orlando · Pinellas County
En español
Impugnar un testamento en Florida
Related: Florida Probate Guide · Florida Trusts Guide · Florida Guardianship Guide
Think something is wrong with an estate?
The deadlines here are short and they start running before most families realize it. Call (305) 224-6811 for a free, confidential consultation — the sooner the better.