Will contests in Florida — the 90-day window
Florida gives interested parties a tight window to challenge a will. Here's what counts as a valid challenge, what doesn't, and how the process actually works when you have a real claim.
A will contest is a legal challenge to a will's validity — usually filed by a family member who believes the will was forged, signed under duress, or executed when the testator lacked capacity. Will contests in Florida are time-limited, fact-intensive, and expensive. They're the right move only when the facts genuinely support a challenge.
Below: the deadlines, the legitimate grounds, the process, and the calm assessment of whether your situation is a real contest or a heartbreak that the law won't fix.
The 90-day window
Florida statute (FS 733.212) gives interested parties 90 days from the formal Notice of Administration to object to a will's admission to probate. Miss the window, and the right is lost in most circumstances.
- Notice of Administration is sent by the PR (or PR's counsel) to all interested parties at the start of formal administration.
- Day 1 = the day after the notice is served.
- Day 90 = the deadline to file a formal objection or 'caveat' raising the challenge.
- Caveat is a separate procedural filing that puts the world on notice you intend to challenge — sometimes filed before the will is even submitted, to ensure you receive notice of administration when it happens.
- Some grounds (fraud, newly discovered evidence) may be raised later in narrow circumstances. The 90-day rule is the default.
Legitimate grounds for contest
Florida recognizes a few specific grounds. Most fail at this gate.
- Lack of testamentary capacity — the testator didn't understand what they were signing, who their natural objects of bounty were, or the nature of their property. Often raised when dementia is a factor. Requires medical records and contemporary evidence; testimony alone usually isn't enough.
- Undue influence — someone with a confidential relationship (caregiver, recent fiancé, isolated relative) substituted their own judgment for the testator's. Florida has specific factors courts weigh. Hardest ground to prove; also one of the most common.
- Fraud — the testator was tricked about what they were signing or what its effect would be.
- Improper execution — Florida requires specific formalities: signed by testator (or proxy at testator's direction), in the presence of two witnesses, who also sign in the testator's and each other's presence. Missing any one element invalidates the will.
- Revocation — there's evidence the testator revoked this will (verbally, by physical destruction, or by a later will that's also valid).
- Mistake — narrow ground; the testator misunderstood a fact that materially affected the disposition.
What is NOT a ground
- 'The will is unfair' — Florida doesn't require fairness. A testator can leave their estate to whoever they want, including disinheriting children (adults can be disinherited; spouses largely cannot — see our elective share guide).
- 'The will doesn't match what Mom said she wanted' — verbal statements about intentions don't override a written will.
- 'I should have been included' — disappointment isn't a ground.
- 'A different child got more' — unequal distribution is permitted.
- 'I think the will is old' — Florida wills don't expire.
- 'The will favors a recent caregiver' — this might support an undue influence claim, but only with the additional facts (confidential relationship, active procurement, etc.).
Who can contest
Only interested parties with standing can file a contest. Specifically:
- Heirs under intestacy (people who would inherit if the will were thrown out).
- Beneficiaries under prior wills if the new will differs substantially.
- Creditors of the estate in narrow circumstances.
- Personal representatives or trustees of the decedent's other instruments.
You cannot contest if you wouldn't be in a better position with the will thrown out. Standing is fact-specific; counsel evaluates this on the first call.
How the process actually works
- Caveat or objection filed within the 90-day window.
- Discovery period — depositions, document requests, medical records subpoenas, witness interviews. Typically 6–12 months.
- Mediation (required by most Florida courts before trial) — many contests settle here.
- Trial if mediation fails — bench trial typically (no jury for probate matters in FL). 1–5 days depending on complexity.
- Appeal possible after final order; adds another 12–18 months.
What it costs
- Pre-mediation: $15,000–$50,000 in attorney fees plus discovery costs (medical record subpoenas, depositions, expert reports).
- Through trial: $75,000–$200,000+ for a meaningful contested case.
- Some attorneys take strong cases on contingency (typically 33–40% of recovery). Fewer than people expect; the case has to be very strong.
- Loser-pays risk: in some Florida cases, the losing party pays the prevailing party's fees. Material risk for plaintiffs with weak cases.
We don't litigate will contests ourselves. When a case looks legitimate, we refer to litigators we trust. We continue to handle the underlying probate (which keeps moving regardless of the contest) on a flat fee.
When mediation makes sense
Most Florida wills get contested in cases that settle, not in cases that go to trial. Mediation produces:
- Family settlement agreements redistributing the estate without admitting fault.
- Cash buyouts — the contestant takes a smaller, certain share rather than risk loss at trial.
- Apologies and acknowledgment — sometimes more important than money to the contestant.
- Faster resolution — contests that settle close in 6–12 months; trials run 18–36 months.
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