Contesting a Will in Florida

What does it mean to contest a will in Florida? Many heirs may feel a sense of entitlement to inherit from a Florida Probate. Florida has a strong public policy that permits residents to dispose of their property as they see fit. These two “forces” can collide. Like when a wealthy Palm Beacher dis-inherits her only daughter. Many family members from out of state want to know about contesting a will in Florida. We have previously provided Florida Legal Commentary on the 3 Month Time Limit to contest a will.

Free Probate Videos

To see a FREE FLORIDA PROBATE VIDEO about overturning a will based on fraud, CLICK HERE. For a free video on Understanding a Will Contest, CLICK HERE. That video discusses contesting a Florida will. Videos are often quickly educational, and easy to view. But the truth is that you probably learn the most from Florida Probate Laws. These laws are found in the Florida Statutes, called the Florida Probate Code. And the rules of the game are found in the Florida Probate Rules.

Probate Court in Florida

In Florida, there is a Probate Court that administers estates. Contesting a will in Florida will take place in a probate court. A probate is “opened” in the county of the deceased Florida resident. If a Petition for Administration was filed, you should “answer” it. “Also consider filing a counter petition to exercise your rights” suggests Will Contest Attorney John Pankauski. “If there is no probate, open one up” says Pankauski. You will need to understand the basis of your will contest. Ask yourself: why is the will not valid? A will that is caused by fraud, duress, undue influence or an insane delusion is void. You can read about that in Florida Probate Law 732.5165. To read about the 10 most common probate mistakes, click here.