Florida will contest attorney

Contesting a will in Florida means asking the probate court to declare that the document is not the testator’s own. A Florida will contest attorney brings that challenge — against a will signed by someone who no longer understood it, procured by the person who benefited, or executed in a way Florida law does not accept.

If you intend to contest a will in Florida, one date governs everything. §733.212(3) gives you 3 calendar months from service of the notice of administration, after which the objection is “forever barred.” This page sets out who can challenge a will, the eight grounds that invalidate a will in Florida, the evidence that decides these cases, and who pays.

Jose M. Lorenzo, Jr. handles contested wills and contested probate in all 67 Florida counties — so the will contest lawyer who reviews your file is the one who argues it. The initial consultation is free.

Updated 28 August 2026. Every statute and case below was read against the current Florida Statutes and reported decisions.

On this page

• What is a will contest in Florida?
• Who can contest a will in Florida?
• How long do you have to contest a will in Florida?
• Is it too late to contest a will in Florida?
• What are the grounds for a will contest in Florida?
• What is not enough to contest a will?
• Can you contest a will because of dementia?
• What evidence is needed to contest a will?
• Who pays the legal costs of contesting a will?
• How much does it cost to contest a will in Florida?
• What is the success rate of contesting a will in Florida?
• How to contest a will in Florida: the legal process
• Contesting a trust in Florida at the same time
• Are no-contest clauses enforceable in Florida?
• You may not need a will contest
• Where will contests are filed in Florida
• What to do this week
• Frequently asked questions
• Authorities cited

What is a will contest in Florida?

A formal challenge, filed inside the probate case, to the validity of a will offered for probate or already admitted.

It is not a separate lawsuit. It happens inside the estate proceeding, before the judge already administering it, and takes one of two forms: an objection, where the will has been offered and you were served with a notice of administration; or a petition for revocation of probate under §733.109, where the will has already been admitted.

People search for a will contest lawyer, a contested will attorney, a contested probate attorney, or a lawyer to contest, challenge, dispute, invalidate or overturn a will. It is the same work. A contested will is one somebody has formally objected to; a contested probate is the administration once that happens.

What a will contest is not: a complaint that one child received more than another, that a promise was broken, or that the testator changed their mind late in life. Florida permits all of that. The question is always how the document came to say what it says.

Who can contest a will in Florida?

Only an interested person — and the test is financial, not familial.

§731.201(23) defines an interested person as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” Florida courts require a “strict pecuniary interest in the denial or setting aside of probate”; where your interests are the same whether probate is granted or denied, you have no right to contest — Engelberg v. Birnbaum, 580 So. 2d 828 (Fla. 3d DCA 1991).

Who you are	Standing to contest?
Child, grandchild, parent — an intestate heir	Yes, if you would take without this will
A beneficiary under an earlier will this one replaced	Yes — but see the trap below
A beneficiary under this will who would take more without it	Yes
A surviving spouse	Yes — but the elective share is often the better route
A stepchild, not adopted, not named in any will	Normally no — not an heir at law unless adopted
A half-sibling	Yes, if you would take under intestacy
An ex-spouse	Normally no — dissolution voids provisions in favour of a former spouse, §732.507(2)
A creditor	Only on questions touching the debt
A friend, carer or neighbour named in no document	No

Being written out usually creates standing, it does not remove it

If you would inherit under the intestacy statute §732.103 or under a prior will, cutting you out is the very thing that gives you the right to object. But “I was left out” is not the same as “I have standing.” Standing comes from what happens to your share if the will is set aside, not from being wronged.

You need not prove your share would be larger — only that you would be affected by the outcome, Frank v. Conlan, 434 So. 3d 452 (Fla. 4th DCA 2026).

The prior-will trap

If an earlier will left you substantially more, you have standing to challenge the later one, and if it falls the earlier one can be admitted in its place. But if you were also disinherited by a facially valid prior will, you must invalidate that one first — Newman v. Newman, 766 So. 2d 1091 (Fla. 5th DCA 2000).

How long do you have to contest a will in Florida?

Three months from the day you are served with the notice of administration — §733.212(3). Miss it and the objection is “forever barred.”

Five things about that clock that decide cases

1. It is 3 calendar months, not 90 days. Served 1 January, the deadline is 1 April.
2. It runs from service on you — not from the death, not from the funeral, not from when you learned the will existed. Two siblings served three weeks apart have two different deadlines.
3. If you were never validly served, it never started. The clock is triggered only by proper formal service under § 733.212(1) and Fla. Prob. R. 5.240 — Cason ex rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005). Notice of the petition for administration is not service of the notice of administration — Hunt v. Estate of Hunt, 475 So. 2d 1358 (Fla. 1st DCA 1985). Check the court file before accepting that you are late.
4. The only extension is estoppel from the personal representative’s own misstatement about the deadline itself. The statute forecloses extension for “affirmative representation, failure to disclose information, or misconduct.” Courts recognise a narrow exception for concealed fraud not discoverable in the window — though the Supreme Court framed it for objections to a personal representative’s qualifications, under an earlier version of the statute, in Hill v. Davis, 70 So. 3d 572 (Fla. 2011).
5. There is an absolute outer wall: the earlier of final discharge or 1 year after service.

The other clocks

Situation	Deadline	Section
You were served with a notice of administration	3 months	§ 733.212(3)
Absolute outer limit on any such objection	Earlier of final discharge or 1 year after service	§ 733.212(3)
The will was already admitted to probate	Before final discharge — but only if the 3-month bar has not run	§ 733.109
Summary administration	No notice of administration is served, so the 3-month bar is never triggered	§ 735.206
A revocable trust — when you may start	Not until it becomes irrevocable or the settlor dies	§ 736.0207(2)
A revocable trust — when you are barred	The earlier of the chapter 95 period or 6 months after the trustee sends you the trust instrument plus the statutory notice	§ 736.0604
A trust accounting has been received	6 months — only if the matter was adequately disclosed and you got a limitation notice, from whichever came later. Otherwise 4 years	§ 736.1008
Surviving spouse’s elective share	The earlier of 6 months from service of the notice of administration or 2 years from death	§ 732.2135(1)

Read two of those rows twice. §736.0207(2) tells you when you may begin — a floor, not a ceiling. The bar is §736.0604, and it can be as short as six months, triggered by the trustee putting an envelope in the post. And the elective share is “the earlier of,” not a choice.

Summary administration: the clock that never starts

In a summary administration there is no notice of administration, so the § 733.212(3) bar is never triggered. What governs instead is §735.206: an heir or devisee left out “may enforce all rights in appropriate proceedings against those who procured the order,” and recovers reasonable attorney’s fees as an element of costs if successful. The summary administration threshold rose to $150,000 on 1 July 2026, so far more Florida estates now travel this route.

Is it too late to contest a will in Florida?

If you missed the 3-month deadline it is usually too late to contest the will — but sometimes there is still a claim, outside probate.

Florida recognises intentional interference with an expectancy of inheritance — an expectancy, intentional interference through tortious conduct, causation, damages — Schilling v. Herrera, 952 So. 2d 1231 (Fla. 3d DCA 2007). The conduct must be directed at the testator, not at you.

The catch: you must generally exhaust your probate remedies first — DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981). The exception is the point. Where the defendant’s own conduct kept you out of probate — concealment, or not telling you until after discharge — failure to exhaust does not bar the claim. That is what happened in Schilling, where a caregiver allegedly procured the will and then concealed the death until probate was nearly complete.

If you are past three months, the first question is not “am I too late” — it is “was I ever properly served.”

What are the grounds for a will contest in Florida?

The grounds to contest a will in Florida are eight — four in a single sentence of the statute, plus four more from elsewhere in the code and the case law.

§732.5165: “A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid.”

Ground	What has to be shown
Undue influence	Someone in a position of trust overbore the testator’s own will. The most common ground by a wide margin
Lack of testamentary capacity	At signing, the testator did not understand the nature of the act, the general extent of their property, or the natural objects of their bounty
Improper execution	§ 732.502: signature at the end, two attesting witnesses, everyone signing in one another’s presence. Florida demands strict compliance
Fraud	The testator was deceived about a fact, or about what they were signing
Duress	Signature compelled by threat
Mistake	Named in § 732.5165 alongside the others
Insane delusion	A fixed false belief, impervious to reason, that caused a disposition the testator would not otherwise have made — Newman v. Smith, 82 So. 236 (Fla. 1918)
Revocation	A later will superseded this one, or it was revoked by writing or physical act, §§ 732.505–732.506

Two structural rules: only the procured part is void, so a successful contest does not always mean intestacy; and a procured revocation is also void, which can restore a will believed cancelled.

Undue influence, and the burden shift that decides cases

If you suspect undue influence, the question is never what the family believes — it is what the documents show. The presumption arises where a substantial beneficiary in a confidential relationship with the testator was active in procuring the will — In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971). Active procurement is assessed on seven non-exclusive Carpenter factors:

1. Presence of the beneficiary at execution
2. Presence when the testator expressed a desire to make a will
3. Recommendation by the beneficiary of the drafting attorney
4. Knowledge of the contents before execution
5. Instructions given to the drafting attorney by the beneficiary
6. Securing of witnesses
7. Safekeeping of the executed will

None is required and all seven are rarely present. Courts also weigh isolation, cognitive inequality, control over the testator’s affairs and abrupt departures from a settled plan — Swiss v. Flanagan, 329 So. 3d 199 (Fla. 3d DCA 2021). The same framework reaches lifetime transfers, applied transaction by transaction — Cripe v. Atlantic First Nat’l Bank, 422 So. 2d 820 (Fla. 1982).

Then something unusual happens. §733.107(2) makes the presumption one that shifts the burden of proof under §§ 90.301–90.304 — the burden of persuasion, not merely production, so it does not vanish when the proponent offers rebuttal evidence. The favoured beneficiary must disprove undue influence by a preponderance — Hack v. Janes, 878 So. 2d 440 (Fla. 5th DCA 2004). Fla. Prob. R. 5.275(b) says the same.

Cite Carpenter for the elements, not the burden — the 2002 statute reversed that part.

The practical consequence: the family stops having to prove what happened behind a closed door, and the case becomes very hard to resolve on summary judgment — RBC Ministries v. Tompkins, 974 So. 2d 569 (Fla. 2d DCA 2008), reaffirmed under Florida’s current summary judgment standard in Leitner v. Leitner, 391 So. 3d 1023 (Fla. 5th DCA 2024).

Capacity, execution and forgery

Capacity requires that the testator understand, generally, the nature and extent of the property, their relation to those who would naturally claim a benefit, and the practical effect of the will — Raimi v. Furlong, 702 So. 2d 1273 (Fla. 3d DCA 1997). Capacity and valid execution are separate questions, and a will can fail for want of either — Frank v. Conlan.

Execution is the cheapest ground to test, because the evidence is on the face of the document, and Florida requires strict compliance — there is no harmless-error rule. A will where the testator wrote only his first name was invalid, and signing the self-proof affidavit did not cure it — Bitetzakis v. Bitetzakis, 264 So. 3d 297 (Fla. 2d DCA 2019).

Expect the self-proving affidavit as the first defence: §733.201(1) admits a self-proved will “without further proof,” so the proponent’s opening burden is met without live witness testimony — Blits v. Blits, 468 So. 2d 320 (Fla. 3d DCA 1985). It does not end the contest, and it cannot cure a signature that was never validly made.

A forged will is not a defective will — it is not the testator’s document at all, so § 732.502 was never satisfied. Those cases turn on the original document rather than a copy, exemplar signatures, the notary’s journal, and a forensic document examiner.

What is not enough to contest a will?

Worth saying plainly, because it saves families money. None of the following is a ground on its own:

• The division is unequal, or feels unfair
• The testator was elderly, frail, forgetful, or in hospital
• The testator had a diagnosis of dementia — it is evidence, not proof
• Someone influenced the testator in the ordinary sense: asked, persuaded, was kind, was present
• A promise was made and not kept in the will
• The will was homemade or drafted cheaply, if properly executed
• One child did more caregiving and received more
• The testator changed their mind late in life
• You were not told about the will, or not given a copy

Florida law protects the right to make an unfair will. What it does not protect is a will that is not the testator’s own decision.

Can you contest a will because of dementia?

A diagnosis is evidence. It is not the answer, because capacity is measured at a moment, not over a period.

Florida asks whether, at signing, the testator understood the nature of making a will, the general extent of their property, and who their natural beneficiaries were — a lower threshold than running a business, and one that can exist in someone confused on other days. Lucid intervals are real and frequently decisive, a doctrine settled in Murrey v. Barnett National Bank, 74 So. 2d 647 (Fla. 1954). A lucid moment is a genuine return to comprehension, “not merely a fleeting flash of awareness” — American Red Cross v. Estate of Haynsworth, 708 So. 2d 602 (Fla. 3d DCA 1998).

What moves a capacity case: medical records for the days either side of execution; cognitive assessment scores with dates; medication changes in the same week; the drafting attorney’s notes; accounts from people with no financial interest; and the document itself, where sudden complexity or errors about property tell their own story.

Two things to know before spending money here. The presumption of capacity never shifts and the burden is heavy — the mere possibility of incapacity, even with an expert’s records review, will not survive summary judgment, Reeves v. Gross, 403 So. 3d 362 (Fla. 3d DCA 2025). And a guardianship determination is evidence, not an answer — Scott v. Young, 395 So. 3d 239 (Fla. 5th DCA 2024).

Where a dementia case becomes a strong case is where it stops being about capacity. A diminished testator plus a beneficiary who arranged everything is an undue influence case — and that carries a burden-shifting presumption capacity does not.

What evidence is needed to contest a will?

Documents. Almost never testimony about what the testator “would have wanted.”

1. The drafting attorney’s file — who made the appointment, who attended, who gave instructions, what the testator said. This decides more contests than any other item.
2. Medical records for the twelve months around signing, including cognitive assessments and medication.
3. Bank and brokerage statements for the final two years — new joint owners, signature cards, transfers, powers of attorney.
4. The prior will, and every version between. The pattern of change is often the case.
5. The execution documents — self-proving affidavit, witness identities, where the signing happened.
6. Communications showing isolation, or who controlled access.
7. Care records — who was present, who was paid, who held the keys.

How do you get the drafting attorney’s file? Isn’t it privileged?

No — and this is the single most useful thing on this page.

Most people assume the estate-planning lawyer’s file is locked away. It is not, once the client has died and the fight is among people claiming through them. §90.502(4)(b) removes the lawyer-client privilege where “a communication is relevant to an issue between parties who claim through the same deceased client.”

Florida courts enforce it. In Vasallo v. Bean, 208 So. 3d 188 (Fla. 3d DCA 2016), four children challenged their disinheritance and the Third District upheld an order compelling the estate-planning attorney to testify at deposition about why the testator disinherited them — and rejected the argument that Rule 4-1.6 confidentiality barred it, because the Evidence Code exception controls in a judicial proceeding. See also In re Estate of Marden, 355 So. 2d 121 (Fla. 3d DCA 1978): a drafting attorney’s post-death testimony about a will “is not ordinarily privileged.”

Two limits. It applies only where everyone claims through the same deceased client, and it works communication by communication, not as a blanket waiver. And one open question: every reported Florida decision applying it has been a will contest — none has applied it to a trust contest, and in In re Guardianship of Muller, 650 So. 2d 698 (Fla. 4th DCA 1995) a drafting attorney’s testimony about a settlor’s trust intent was held privileged.

Practical consequence: the notes, the intake sheet, the billing entries showing who called and who attended, the drafts and the lawyer’s recollection are all obtainable. Ask early — files get archived and purged, and lawyers retire.

Who pays the legal costs of contesting a will?

Usually each side pays their own — but Florida has exceptions that change which cases are worth bringing.

§733.106 governs. Subsection (2) surprises people: a nominated personal representative or will proponent, “if in good faith justified in offering the will,” receives costs and fees from the estate even though probate is denied or revoked. Good faith is a real limit — a proponent who procured the will by undue influence cannot recover, In re Estate of Hand, 475 So. 2d 1337 (Fla. 2d DCA 1985).

Subsection (4) is the provision that makes some contests economic

Almost nothing written for the public explains this. Under § 733.106(4), the court may assess costs and fees against one or more persons’ part of the estate “in such proportions as the court finds to be just and proper” — weighing eight enumerated factors, including the relative strength of each party’s claims, whether they were a prevailing party, and whether they unjustly caused an increase in the fees incurred by others. And subsection (4)(d): the court may do this “without finding that the person engaged in bad faith, wrongdoing, or frivolousness.”

In plain terms: fees can be directed out of the share of the person whose conduct caused the litigation, and no finding of bad faith is required.

If I contest and lose, do I have to pay?

Question	Answer
Can I recover my fees from the estate if I lose?	Generally no. The test is benefit to the estate, and fees are refused where the work was a detriment — Dew v. Nerreter, 664 So. 2d 1179 (Fla. 5th DCA 1995)
Can I recover if I win?	Often yes, on the same test — In re Estate of Griffis, 366 So. 2d 80 (Fla. 4th DCA 1978)
Am I personally on the hook for the other side’s fees?	No — § 733.106 creates no personal liability beyond your share of the estate — Anderson v. McDonough, 189 So. 3d 266 (Fla. 2d DCA 2016)
Can my own inheritance be charged?	Yes — an unsuccessful contesting beneficiary’s bequest may bear the fees, Carman v. Gilbert, 641 So. 2d 1323 (Fla. 1994)

And § 57.105? A bad-faith contest exposes the contestant and their attorney to fee sanctions — but the bar is high. Merely losing is not bad faith; an award was reversed where a contest “was not so clear cut,” Anderson v. McDonough.

Separately, where assets were taken rather than misdirected by a document, §772.11 civil theft carries treble damages and fees on clear and convincing proof, subject to a mandatory written pre-suit demand.

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

It is priced by what the other side must defend, not by the size of the estate.

Ground	Relative cost	Why
Improper execution	Cheapest	§ 732.502 is objective and the evidence is on the face of the document
Capacity	Middle	The medical records largely decide it — but summary judgment is a real risk
Undue influence	Most expensive — unless the presumption applies	Lifetime transfers must be traced. Where § 733.107(2) shifts the burden, the case shortens considerably

What drives the number: the volume of medical and financial records · whether the § 733.107(2) presumption is available · whether a trust and lifetime transfers are in play · how many beneficiaries must be served and how many are abroad · whether expert testimony on capacity is needed · and whether the personal representative is also the favoured beneficiary.

How the fee is structured

Contingency for the right matters, hourly for others, discussed case by case.

Some will contests suit a contingency fee — the Rules Regulating The Florida Bar permit one in a will contest, and where the evidence is strong and what is at stake is substantial and reachable, it can be what makes a meritorious case possible for a family that could not otherwise fund it. Others are better handled hourly. Which fits depends on the strength of the file, the value and liquidity of the share at issue, and how much work the other side will force.

What no honest lawyer will do is quote a figure for a case they have not seen. What you can pin down before spending anything: what your share is worth if the will falls, which cost drivers are actually in play, and whether § 733.106(4) puts any of the fees on the estate or another beneficiary’s share.

What is the success rate of contesting a will in Florida?

Nobody can honestly quote you a success rate, and Rule 4-7.13 prohibits promises about outcomes. But the structure of the law makes the odds far more predictable than they look.

Most Florida will contests settle. Court-ordered mediation is required in most circuits, and a negotiated share paid without trial is the ordinary outcome — so a published “success rate” measured in trial wins would describe almost none of the cases that matter.

The ground you plead largely determines whether you reach a courtroom at all. A capacity-only contest can be ended on summary judgment, because the presumption of capacity never shifts (Reeves v. Gross). A triggered undue-influence presumption is very hard to dispose of short of trial, because § 733.107(2) moves the burden of proof (RBC Ministries; Leitner). The same facts framed one way or the other have materially different trajectories — and that decision is made in the first month, by reading the drafting attorney’s file.

How to contest a will in Florida: the legal process

1. Consider a caveat first. Under §731.110(1), an interested person “apprehensive that an estate… will be administered or that a will may be admitted to probate without that person’s knowledge” may file a caveat. Where the caveator is not a creditor, the court may not admit the will or appoint a personal representative until formal notice has been served on them. It guarantees you find out in time. It does not extend the three-month deadline.

2. Get the court file — the petition, the will as filed, and the notice of administration with its date of service on you. That date sets the deadline and nothing else does.

3. Preserve evidence immediately. Request the drafting attorney’s file and the medical records. Providers destroy records on their own schedules.

4. File the objection or petition to revoke inside the deadline, stating the ground.

5. Understand what “adversary proceeding” means. Fla. Prob. R. 5.025(a) designates contests and revocation proceedings as adversary unless the court orders otherwise. That triggers formal notice, a summons, responsive pleadings, the Florida Rules of Civil Procedure including entry of defaults, and full civil discovery.

6. Discovery — where most cases are actually decided.

7. Mediation, then trial. Most circuits require mediation first, and most contests resolve there. There is no jury — no party may demand one, because probate is in rem and equitable and the constitutional right is preserved only where it existed in 1845 (In re Estate of Howard, 542 So. 2d 395 (Fla. 1st DCA 1989)). A judge may empanel an advisory jury in discretion but is not bound by it.

Interim relief matters throughout. Where property is being dissipated, §733.501 allows appointment of a curator to hold the estate neutral — and where there is significant danger property will be “wasted, destroyed, or removed beyond the jurisdiction” and notice would cause delay, the court may appoint one without notice to other interested persons.

Contesting a trust in Florida at the same time

In many Florida estates the will is a two-page pour-over document whose only job is to feed a revocable trust. Contesting it alone achieves nothing, because the assets are in the trust.

§736.0406 mirrors the will statute and reaches further: “If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void.” Amendments and restatements are covered — the typical case is not an attack on a trust signed twenty years ago but on the amendment executed weeks before the death.

Two timing rules that work in opposite directions. §736.0207(2) says an action contesting a revocable trust “may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death” — a ripeness rule. The deadline is §736.0604: barred unless commenced within the earlier of the chapter 95 period or six months after the trustee sent you the trust instrument and notice of the trust’s existence, the trustee’s name and address, and the time allowed to sue.

Read that second limb carefully. The trustee — your opponent — starts a six-month clock by putting an envelope in the post. It is frequently far shorter than any will deadline, and people lose trust claims while their will contest is still perfectly alive.

Are no-contest clauses enforceable in Florida?

In a will: no, flatly. §732.517 is a single sentence — a provision penalising an interested person for contesting the will, or instituting other proceedings relating to the estate, is unenforceable. No exceptions.

In a trust: no, and the rule is mandatory. §736.1108(1) is to the same effect, and §736.0105(2)(w) lists it among the rules a trust’s terms cannot override. One date limit: § 736.1108(2) applies to trusts created on or after 1 October 1993 — and for a revocable trust “created” means when the right of revocation terminated, normally the settlor’s death. So a trust signed in 1988 whose settlor died in 2020 is covered. Only a trust already irrevocable before October 1993 escapes.

If the will was signed in another state, the answer is genuinely unsettled

In terrorem clauses do work in many states, and Florida is full of wills drafted elsewhere by people who retired here. Every other page says the clause is simply void here. The accurate answer is more careful.

§732.502(2) validates a foreign will only as to execution formalities. In In re Swanson’s Estate, 397 So. 2d 465 (Fla. 2d DCA 1981), the court held § 732.502 is entitled “Execution of wills,” every subsection deals with a procedural formality, and it “does not purport to deal with” substantive validity — for substantive attacks the common law governs and, for devised real property, lex situs. Followed in In re Estate of Hatcher, 439 So. 2d 977 (Fla. 3d DCA 1983) and In re Estate of Barteau, 736 So. 2d 57 (Fla. 2d DCA 1999). Whether a clause is given effect is substantive, so § 732.502(2) does not import the other state’s rule.

And the policy is about as strong as Florida policy gets. § 732.517 has no exceptions at all — no probable-cause carve-out. The Fifth District has explained why: the right to challenge “is essential to the integrity of the estate disposition process,” and a beneficiary “cannot be forced to choose between the right to contest an instrument and the right to take under it” — Dinkins v. Dinkins, 120 So. 3d 601 (Fla. 5th DCA 2013). Even framed as choice of law, Florida enforces a chosen law unless it “contravenes strong public policy” — Mazzoni Farms v. E.I. DuPont, 761 So. 2d 306 (Fla. 2000).

So: no Florida appellate decision squarely holds § 732.517 overrides a valid foreign no-contest clause. The point is open. But Swanson, the statute’s absolute text and Dinkins together make it more likely than not that a Florida court would refuse to enforce it against a Florida estate. Anyone who tells you the answer is certain has not looked.

What is certain: for a will executed in Florida, the clause has no legal effect whatsoever — and more people are stopped by these clauses than by any deadline on this page.

You may not need a will contest

Some of the strongest claims in Florida probate are not will contests, and several are faster and harder to defend.

Your situation	The remedy that may fit better
Surviving spouse left little or nothing	Elective share — 30% of the elective estate, § 732.2065. Requires arithmetic and a deadline, not proof about the testator’s mind
Married after the will was signed	Pretermitted spouse, § 732.301
Born or adopted after the will was signed	Pretermitted child, § 732.302
The house is the main asset	Homestead descent, Art. X § 4 — often passes outside the will entirely and can moot the dispute
The executor is the problem, not the will	Removal, § 733.504; curator, § 733.501
Assets were taken, not redirected by a document	Civil theft, § 772.11 — treble damages
The original will cannot be found	Lost or destroyed will, § 733.207
A deed, POD/TOD account or beneficiary designation is the real issue	A deed or beneficiary-designation challenge, not a will contest

A surviving spouse in particular should compare the two routes before choosing.

Where will contests are filed in Florida

In the probate division of the circuit court for the county where the estate belongs. Because a contest turns on how fast you get before a judge, county practice matters more here than in an uncontested estate.

County	Circuit	Page
Miami-Dade	Eleventh	Miami probate litigation attorney
Broward	Seventeenth	Fort Lauderdale probate litigation attorney
Palm Beach (north)	Fifteenth	West Palm Beach probate litigation attorney
Palm Beach (south)	Fifteenth	Boca Raton probate litigation attorney
Orange (Orlando)	Ninth	Orlando probate litigation attorney
Hillsborough	Thirteenth	Tampa probate litigation attorney
Pinellas & Pasco	Sixth	Pinellas County probate litigation attorney
Duval (Jacksonville)	Fourth	Jacksonville probate lawyer

Where venue itself is disputed — a decedent who split the year between Florida and elsewhere — §733.101 decides it, and that argument is made in the first weeks or not at all. Will contests are handled in all 67 counties, including Lee, Collier, Sarasota, Volusia, Seminole, Brevard, Okaloosa, Walton and Monroe.

What to do this week

If you have been served with a notice of administration, § 733.212(3) is already running, and the drafting attorney’s file and the medical records get harder to obtain every month.

Bring five things:

1. The will, and any earlier version you have.
2. The notice of administration, with the date it was served on you — that date, and no other, sets the deadline.
3. Anything from the drafting lawyer — correspondence, invoices, the engagement letter.
4. Medical records, or a list of treating physicians, for the year around the signing.
5. Bank statements for the final two years, if you can reach them.

And if a trust is involved, bring the envelope the trustee sent you. Its date may matter more than any of the above.

Jose M. Lorenzo, Jr., Florida Bar No. 107002 — confirmable free through The Florida Bar’s member directory. Practice concentrated in probate, wills, trusts and Florida real property. Solo practice: the person who answers the phone files the petition and appears at the hearing. Rule 4-7.14 permits specialist only where objectively verifiable, and Rule 4-7.13 prohibits unsupported comparisons, so you will not read that this is the best firm in Florida.

Speak to a Florida will contest attorney directly — a contested will attorney who has read the drafting file, not just the will. (305) 224-6811. Free consultation, statewide.

Frequently asked questions

How long do you have to contest a will in Florida? Three calendar months from the date you were served with the notice of administration, under § 733.212(3). If you were never validly served, the clock never started.

What happens if I miss the 3-month deadline? The objection is barred, and a petition to revoke probate will not rescue it. Two things may still help: proof you were never validly served, or a claim for tortious interference where someone’s concealment kept you out of the probate case.

Can I contest a will if I am not named in it? Yes, if you would receive more without it — usually because you would inherit under the intestacy statute or an earlier will. Being left out generally creates standing rather than removing it.

Can a stepchild contest a will in Florida? Normally no. A stepchild never adopted is not an heir at law, so they take nothing under intestacy — unless named in an earlier will.

Can a grandchild contest a will? Yes, where they would take under intestacy — typically where their own parent predeceased the testator.

Can an ex-spouse contest a will? Normally no. Dissolution voids provisions in favour of a former spouse under § 732.507(2).

What are the grounds to contest a will in Florida? Undue influence, lack of testamentary capacity, improper execution, fraud, duress, mistake, insane delusion, and revocation.

What makes a will invalid in Florida? A defect in how it was signed and witnessed under § 732.502; proof that execution was procured by fraud, duress, mistake or undue influence under § 732.5165; or lack of capacity at the moment of signing.

Can a will be contested because the person had dementia? Not on the diagnosis alone. Capacity is measured at the moment of signing, and a person with dementia can execute a valid will during a lucid interval.

Can a will be contested before the person dies? No — a will has no legal effect until death and nobody has standing yet. What you can do is file a caveat under § 731.110, which guarantees you formal notice before any will is admitted.

How do I get the drafting attorney’s file — isn’t it privileged? It is not. Section 90.502(4)(b) removes the privilege for communications relevant to a dispute between parties claiming through the same deceased client, and Florida courts have compelled the drafting attorney to testify on that basis — Vasallo v. Bean.

Who pays the legal costs of a will contest? Usually each side pays their own. But under § 733.106(4) the court may direct fees be paid from a particular person’s share of the estate, weighing eight statutory factors — and may do so without finding bad faith.

If I lose, do I have to pay the other side’s fees? Section 733.106 creates no personal liability beyond your share of the estate. But your own inheritance can be charged with the fees your contest generated.

Do lawyers take Florida will contests on contingency? They can, and this firm does on suitable matters — with hourly engagements for the rest, decided case by case.

How long does a will contest take in Florida? It depends on records, the number and location of beneficiaries, whether a trust is also in play, and the court’s calendar. A straightforward execution challenge can resolve in months; a contested undue influence case runs considerably longer.

Is there a jury in a Florida will contest? No party can demand one. A judge may empanel an advisory jury in discretion but is not bound by its verdict.

Are no-contest clauses enforceable in Florida? Not in a will — § 732.517, no exceptions. Not in a trust either, though § 736.1108 applies to trusts created on or after 1 October 1993. Whether Florida would refuse to enforce a clause in a will validly executed in another state is unsettled.

What is the deadline to contest a trust rather than a will? The earlier of the chapter 95 period or six months after the trustee sends you the trust instrument and the statutory notice — § 736.0604. Often much shorter than the will deadline.

Authorities cited

Florida Statutes. §§ 90.301–90.304, 90.502(4)(b) · 57.105 · 95.11 · 731.105, 731.110, 731.201(23) · 732.103 · 732.2065, 732.2135 · 732.301, 732.302 · 732.401, 732.402 · 732.502, 732.503, 732.505, 732.506, 732.507(2), 732.5165, 732.517 · 733.101, 733.106, 733.107, 733.109 · 733.201(1), 733.207, 733.212 · 733.501, 733.504, 733.506 · 733.710, 733.815, 733.901 · 735.206 · 736.0105(2)(w), 736.0207, 736.0406, 736.0604, 736.1008, 736.1108 · 772.11.

Rules. Fla. Prob. R. 5.010, 5.025, 5.240, 5.260, 5.275 · Fla. R. Civ. P. 1.430(b) · R. Regulating Fla. Bar 4-1.5, 4-1.6, 4-7.13, 4-7.14 · Fla. Const. art. I, § 22.

Cases. In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971) · Cripe v. Atlantic First Nat’l Bank, 422 So. 2d 820 (Fla. 1982) · DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981) · Carman v. Gilbert, 641 So. 2d 1323 (Fla. 1994) · Hill v. Davis, 70 So. 3d 572 (Fla. 2011) · Mazzoni Farms, Inc. v. E.I. DuPont De Nemours & Co., 761 So. 2d 306 (Fla. 2000) · Murrey v. Barnett Nat’l Bank, 74 So. 2d 647 (Fla. 1954) · In re Washington’s Estate, 56 So. 2d 545 (Fla. 1952) · Newman v. Smith, 82 So. 236 (Fla. 1918) · Lavey v. Doig, 25 Fla. 611, 6 So. 259 (1889) · Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014) · Cerniglia v. C. & D. Farms, Inc., 203 So. 2d 1 (Fla. 1967) · Hack v. Janes, 878 So. 2d 440 (Fla. 5th DCA 2004) · RBC Ministries v. Tompkins, 974 So. 2d 569 (Fla. 2d DCA 2008) · Leitner v. Leitner, 391 So. 3d 1023 (Fla. 5th DCA 2024) · Swiss v. Flanagan, 329 So. 3d 199 (Fla. 3d DCA 2021) · Diaz v. Ashworth, 963 So. 2d 731 (Fla. 3d DCA 2007) · Estate of Brock, 692 So. 2d 907 (Fla. 4th DCA 1996) · Ahlman v. Wolf, 483 So. 2d 889 (Fla. 3d DCA 1986) · Langford v. McCormick, 552 So. 2d 964 (Fla. 1st DCA 1989) · Hannibal v. Navarro, 317 So. 3d 1179 (Fla. 3d DCA 2021) · Raimi v. Furlong, 702 So. 2d 1273 (Fla. 3d DCA 1997) · American Red Cross v. Estate of Haynsworth, 708 So. 2d 602 (Fla. 3d DCA 1998) · Reeves v. Gross, 403 So. 3d 362 (Fla. 3d DCA 2025) · Scott v. Young, 395 So. 3d 239 (Fla. 5th DCA 2024) · Jervis v. Tucker, 82 So. 3d 126 (Fla. 4th DCA 2012) · Frank v. Conlan, 434 So. 3d 452 (Fla. 4th DCA 2026) · Bitetzakis v. Bitetzakis, 264 So. 3d 297 (Fla. 2d DCA 2019) · Zaidman v. Zaidman, 305 So. 3d 330 (Fla. 3d DCA 2020) · Blits v. Blits, 468 So. 2d 320 (Fla. 3d DCA 1985) · Walton v. Estate of Walton, 601 So. 2d 1266 (Fla. 3d DCA 1992) · Vasallo v. Bean, 208 So. 3d 188 (Fla. 3d DCA 2016) · Caputo v. Nouskhajian, 871 So. 2d 266 (Fla. 5th DCA 2004) · In re Estate of Marden, 355 So. 2d 121 (Fla. 3d DCA 1978) · In re Guardianship of Muller, 650 So. 2d 698 (Fla. 4th DCA 1995) · Coffey-Garcia v. South Miami Hospital, 194 So. 3d 533 (Fla. 3d DCA 2016) · Schilling v. Herrera, 952 So. 2d 1231 (Fla. 3d DCA 2007) · Henry v. Jones, 202 So. 3d 129 (Fla. 1st DCA 2016) · Wolf v. Doll, 229 So. 3d 1280 (Fla. 4th DCA 2017) · Pastor v. Pastor, 929 So. 2d 576 (Fla. 3d DCA 2006) · Cason ex rel. Saferight v. Hammock, 908 So. 2d 512 (Fla. 5th DCA 2005) · Hunt v. Estate of Hunt, 475 So. 2d 1358 (Fla. 1st DCA 1985) · Engelberg v. Birnbaum, 580 So. 2d 828 (Fla. 3d DCA 1991) · Newman v. Newman, 766 So. 2d 1091 (Fla. 5th DCA 2000) · Markes v. Markes, 412 So. 3d 767 (Fla. 4th DCA 2025) · Claveloux v. Bacotti, 778 So. 2d 399 (Fla. 2d DCA 2001) · Dew v. Nerreter, 664 So. 2d 1179 (Fla. 5th DCA 1995) · In re Estate of Griffis, 366 So. 2d 80 (Fla. 4th DCA 1978) · Anderson v. McDonough, 189 So. 3d 266 (Fla. 2d DCA 2016) · In re Estate of Hand, 475 So. 2d 1337 (Fla. 2d DCA 1985) · In re Estate of Howard, 542 So. 2d 395 (Fla. 1st DCA 1989) · Allen v. Dutton’s Estate, 394 So. 2d 132 (Fla. 5th DCA 1980) · In re Estate of Fanelli, 336 So. 2d 631 (Fla. 2d DCA 1976) · In re Ciccorella’s Estate, 407 So. 2d 1044 (Fla. 3d DCA 1981) · Mastriana v. Brown Brothers Harriman Trust Co., 410 So. 3d 1223 (Fla. 4th DCA 2025) · In re Swanson’s Estate, 397 So. 2d 465 (Fla. 2d DCA 1981) · In re Estate of Hatcher, 439 So. 2d 977 (Fla. 3d DCA 1983) · In re Estate of Barteau, 736 So. 2d 57 (Fla. 2d DCA 1999) · Dinkins v. Dinkins, 120 So. 3d 601 (Fla. 5th DCA 2013) · Gal v. Gal, 243 So. 3d 466 (Fla. 5th DCA 2018) · McNamara v. McNamara, 40 So. 3d 78 (Fla. 5th DCA 2010) · Agee v. Brown, 73 So. 3d 882 (Fla. 4th DCA 2011) · Drapp v. McDaniel, 306 So. 3d 1280 (Fla. 2d DCA 2020) · Ballard v. Ballard, 549 So. 2d 1176 (Fla. 2d DCA 1989).

Related: contesting a will in Florida — the full guide · defending a Florida will contest · Florida estate litigation attorney · Florida inheritance lawyer · Florida probate litigation lawyer · Florida trust litigation attorney · can a lady bird deed be contested in Florida · Florida partition action.

About this page. Author and reviewer: Jose M. Lorenzo, Jr., Florida Bar No. 107002. Every statute cited was read against the Florida Statutes, and every case against the reported decision, on 28 August 2026.

This page offers general information about Florida law and is not legal advice for a specific case. Reading it does not create an attorney-client relationship. Every estate turns on its own facts, and the law changes.