Florida Estate and Probate Disputes: Will Contests and Litigation
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. |
How long do I have to contest a will in Florida?
Under Florida Statute § 733.212(3) the deadline is three months, not 90 days. The distinction matters and a great deal of published guidance gets it wrong: served on January 1, the objection is due April 1 — not March 31. Miss it and the objection is generally barred regardless of how strong it was.
Full guide: Contesting a Will in Florida · Florida Will Contest
What are the grounds for contesting a will in Florida?
Common grounds include lack of testamentary capacity, undue influence, fraud, duress, mistake, forgery, improper execution, or the existence of a later valid will. Being unhappy with the outcome is not a ground — there has to be a defect in the document or in how it came to be signed.
Who bears the burden shifts during the case. Once a self-proving affidavit or an attesting witness establishes that the will was properly executed, the burden moves to the challenger to prove the specific ground being argued.
Full guides: Contesting a Will in Florida · Florida Undue Influence Attorney
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.