Behind the Curtain: What Really Happens When Someone Challenges a Will in Florida

A will is supposed to be the final word. But what happens when someone disagrees, loudly, with what that word says? In Florida, that disagreement has a name: a will contest. And if you have recently lost a loved one and suspect something is off about the will left behind, you are probably wondering what that process actually looks like.

Is it dramatic, like something out of a courtroom movie? Not usually. Is it stressful? Almost always. Let’s walk through what typically happens once a will contest gets underway in Florida probate court.

It Starts With a Petition

A will contest does not happen just because someone is unhappy with their inheritance. There has to be a legal basis, such as concerns about the testator’s mental capacity when the will was signed, claims of undue influence, fraud, or problems with how the will was executed in the first place.

The process generally begins when an interested person, often a beneficiary under a previous will, files a petition for revocation of probate. This must happen before the personal representative is finally discharged from their duties. Once that petition is filed, things start moving on a track that looks a lot like a regular lawsuit.

The Adversary Proceeding Begins

Here is where things shift from quiet paperwork to active litigation. Once the petition is served on the personal representative and other interested parties, the matter proceeds as what is legally called an adversary proceeding. That means it follows civil procedure rules, with formal notice, the opportunity to respond, and a structured timeline.

From there, the case often includes:

• Discovery, where both sides request documents and information.
• Depositions of witnesses, which may include the attorney who drafted the will or medical professionals.
• Pretrial motions addressing legal issues before trial.
• A hearing or trial where a judge reviews the evidence and decides the outcome.

Who carries the burden during all of this? Under Florida law, the person defending the will (the proponent) must first show that it was properly executed. After that, the burden shifts to the person contesting it to prove the grounds for their challenge.

What Happens to the Estate in the Meantime?

One question people often ask is whether everything just freezes while the contest plays out. Not exactly. The personal representative generally continues administering the estate as if no challenge had been filed, with one important exception: no distributions can be made that would interfere with the rights of those who might inherit if the will is ultimately revoked. In other words, the estate keeps moving, but cautiously.

Contact Us Before You Decide Your Next Move

Will contests are rarely simple, and the stakes (both financial and emotional) tend to run high. If you believe a will does not reflect your loved one’s true wishes, or you have been accused of wrongfully contesting one, it helps to understand your options before acting.

At Edward J. Jennings, P.A., our Fort Lauderdale will contest attorneys have spent years helping families navigate the probate court system in Broward County. If you have questions about a will contest, give us a call or fill out our online form to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2025/733.109