What Is a Will Contest?

A will contest is a probate court proceeding in which an interested person asks the court to rule that all or part of a will is invalid. If the contest succeeds, that will (or the stricken part) does not control. The estate is then administered under a prior valid will, if there is one, or under the state’s intestacy statutes.

Law varies by state. The most commonly alleged grounds, across U.S. sources, are lack of testamentary capacity, undue influence, fraud (and related procurement defects such as duress or mistake), and improper execution. In Florida, those procurement defects are spelled out in Fla. Stat. §732.5165, execution formalities in §732.502, and contest procedure in chapter 733. A Florida contest generally cannot be filed while the testator is still alive (§732.518). Deadlines after death are short once a notice of administration is served (§733.212).

At a glance

What a will contest is — and is not

A will contest asks whether the instrument offered for probate is the decedent’s valid will. It is not, by itself, a construction fight over what ambiguous words mean. Cornell LII’s Wex definition places the contest inside probate and lists the usual validity grounds: undue influence, duress, revocation, mistake, lack of capacity, improper execution and fraud.

If the court revokes probate of the will, Florida law says administration continues, but the personal representative may not distribute in a way that undercuts people who would take if the will failed (§733.109(2)). Good-faith purchasers from the personal representative before the revocation order keep title (§733.109(3)).

For how probate works in general, see What Is Probate?. Broader fights over estates (not only will validity) are covered in What Is a Contested Estate?.

Common grounds

1. Lack of testamentary capacity

Most states require a minimum age and mental capacity to make a will. Florida: any person of sound mind who is 18 or older, or an emancipated minor, may make a will (§732.501).

As a general U.S. description of the mental side, Wex summarizes testamentary capacity as the ability to know:

• the nature and extent of one’s property;
• the natural objects of one’s bounty;
• the disposition the will makes; and
• how those pieces fit into a coherent plan

(Wex, *testamentary capacity*; citing *Banks v. Goodfellow*).

Capacity is judged under the law of the state whose rules apply to that will — often the decedent’s domicile at death for personal property, with real-property rules sometimes following the situs.

2. Undue influence

Undue influence is pressure that overbears the testator’s free will so the document reflects the influencer’s wishes. Wex describes it as excessive persuasion, often where the influenced person is vulnerable and the influencer holds a relationship of trust, dependency or authority; a will procured that way can be voidable.

Florida treats a will as void if its execution is procured by undue influence; any part so procured is void, and the rest may remain valid if it is not invalid for other reasons. The same rule applies to a revocation procured by undue influence (§732.5165). In Florida contests, when the presumption of undue influence applies, it shifts the burden of proof (§733.107(2)).

For a dedicated explainer, see What Is Undue Influence in a Will or Trust?.

3. Fraud, duress and mistake

Florida groups fraud, duress, mistake and undue influence together in §732.5165: procurement by any of them voids the will or the affected part (and can void a revocation). Other states use overlapping labels; the exact elements are state-specific.

4. Improper execution

Wills must meet statutory formalities. Florida §732.502 requires, among other things:

• a will in writing;
• the testator’s signature at the end, or another person subscribing the testator’s name at the end in the testator’s presence and by the testator’s direction;
• the signing or acknowledgment made in the presence of at least two attesting witnesses;
• the witnesses signing in the presence of the testator and of each other.

A codicil needs the same formalities. Florida also recognizes certain nonresident and military testamentary instruments under the conditions in §732.502(2)–(3). States that allow holographic (handwritten unwitnessed) wills follow different rules; Florida’s statute addresses holographs only in the limited way quoted above.

Who has standing

You generally cannot contest a will out of curiosity. Wex’s standing idea is an interest that may be impaired by admitting the will, or benefited by setting it aside.

Florida uses the probate-code term “interested person”: someone who may reasonably be expected to be affected by the outcome of that proceeding (§731.201(23)). In a proceeding to revoke probate, any interested person — including a beneficiary under a prior will — may commence the proceeding before final discharge of the personal representative, unless barred under §733.212 or §733.2123 (§733.109(1)). A beneficiary who has already received complete distribution is not an “interested person” under the definition (§731.201(23)).

Whether a particular heir, devisee, creditor or trust beneficiary qualifies is fact-specific. State statutes and case law outside Florida use different labels; check the jurisdiction that governs the estate.

Timing

Deadlines are state-specific. Missing them can permanently bar a contest.

Florida — before death
No action to contest the validity (or revocation) of all or part of a will may be commenced before the testator dies (§732.518).

Florida — after death, notice of administration
When an interested person is served with a copy of the notice of administration, that person must file any objection challenging the will’s validity, venue or jurisdiction on or before 3 months after the date of service (§733.212(2)(c)). That three-month period may be extended only for estoppel based on a misstatement by the personal representative about the deadline — not for other reasons (§733.212). Unless sooner barred under §733.212(3), objections to validity, venue or jurisdiction must be filed no later than the earlier of the order of final discharge or 1 year after service of the notice (§733.212(2)(c)).

Florida — formal notice before letters
If someone is served with formal notice of the petition for administration before letters issue (or waives notice), challenges to validity, testacy, venue or jurisdiction generally must be made in the proceedings before letters are issued (§733.2123).

Florida — outer procedural window to start revocation of probate
A revocation proceeding under §733.109 may be commenced before final discharge of the personal representative, subject to the bars in §§733.212 and 733.2123.

Other states use different clocks (for example, measured from admission to probate or from notice). Always verify the statute and rules in the court where the estate is pending.

How the burden of proof works in Florida

Under §733.107(1):

1. The proponent of the will must establish prima facie its formal execution and attestation. A self-proving affidavit (§732.503) or a required witness oath (§733.201(2)) is admissible and establishes that prima facie case.
2. Thereafter, the contestant has the burden of establishing the grounds for opposing probate or seeking revocation.

When the presumption of undue influence applies, Florida treats it as a presumption that shifts the burden of proof (§733.107(2)).

Will contests vs. trust contests

A will contest rides inside the probate estate. A challenge to a trust often follows trust-code procedure instead.

Florida contrasts (sourced):

• Will: contest timing and interested-person rules in chapter 733; no pre-death contest (§732.518); burden sequence in §733.107.
• Trust: judicial trust proceedings are generally begun by complaint under the civil rules (§736.0201). In a trust contest, the contestant has the burden of establishing invalidity (§736.0207(1)). An action to contest a revocable trust (or a partial revocation) generally may not start until the trust becomes irrevocable by its terms or by the settlor’s death, with a limited guardian-of-the-property exception (§736.0207(2)). Separately, an action contesting a trust that was revocable at the settlor’s death is barred if not started within the earlier of the chapter 95 time or six months after the trustee sends the person a copy of the trust plus notice of the trust’s existence, the trustee’s name and address, and the time allowed (§736.0604).

Many modern plans pour probate assets into a revocable trust. That can mean parallel or sequential fights: a will contest in probate and a trust contest under chapter 736. See What Is a Revocable Trust?, How Long Does a Trust Dispute Take? and What Is a No-Contest Clause in a Trust or Will?.

Questions to ask an attorney

• Which state’s law governs this will, and where is probate pending?
• Am I an “interested person” (or the local equivalent), and would I gain if this will failed?
• Was a notice of administration or formal notice served, and what is the exact deadline on that notice?
• Is the fight about the will, a revocable trust, beneficiary designations — or more than one?
• What evidence exists on capacity, execution formalities and who was involved when the document was signed?
• Is there a prior will, and who takes under intestacy if every will fails?

Featured attorney: James Voeller is an estate planning attorney in San Antonio, Texas, and a Certified Estate Planning Law Specialist at The Voeller Law Firm, which creates wills and living trusts and handles probate and estate administration. Browse Estate Planning & Probate attorneys or Find a Lawyer. *Listed attorneys are paid members of the Haute Lawyer Network. Editorial selection, not a ranking.*

Related

• How Long Does a Trust Dispute Take?
• What Is Undue Influence in a Will or Trust?
• What Is a Contested Estate?
• What Is a No-Contest Clause in a Trust or Will?
• What Is Probate?
• What Is a Revocable Trust?
• Wills vs. Trusts: What's the Difference?
• What Happens If You Die Without a Will?

Sources

• Florida Statutes (2026): §731.201, §732.501, §732.502, §732.5165, §732.518, §733.107, §733.109, §733.212, §733.2123, §736.0201, §736.0207, §736.0604 (Florida Senate; accessed Nov. 5, 2026)
• Cornell LII Wex: will contest (reviewed Apr. 2025; accessed Nov. 5, 2026), testamentary capacity (reviewed Apr. 2025; accessed Nov. 5, 2026), undue influence (reviewed Jul. 2024; accessed Nov. 5, 2026)

*This article is general information, not legal advice. Will-contest outcomes depend on the facts, the documents, the jurisdiction and court rulings; talk with a licensed probate or estate-litigation attorney about a specific estate.*