The Short Answer

In Florida, you can contest a will after the person dies by filing a legal challenge in the probate case and proving a recognized legal ground—such as undue influence, fraud/duress, mistake, or other validity problems. Florida law does not allow a will contest to be filed before the testator’s death, and will contests are deadline-driven and evidence-heavy.

What Florida Law Says

A Florida will contest is a court proceeding that asks the probate court to declare all or part of a will invalid (or to invalidate a revocation) based on legally recognized defects. Common grounds include claims that the will was procured through improper conduct (like undue influence or fraud) or that the will is otherwise not valid under Florida law. Once the will’s proponent shows the will was properly executed, the person contesting generally must prove the grounds for invalidity.

The Statute

The primary law governing this issue is Fla. Stat. § 732.5165.

This statute establishes that a will (or any part of it) is void if its execution was procured by fraud, duress, mistake, or undue influence, and that a revocation procured the same way can also be void.

Florida also addresses when a will contest may be brought: Fla. Stat. § 732.518 provides that an action to contest a will’s validity (or revocation) may not be commenced before the testator’s death.

If you are worried about being “punished” for challenging a will, Florida law is also clear that “no-contest” penalty clauses generally do not work: Fla. Stat. § 732.517 makes those penalty provisions unenforceable.

For more detail on proof issues, see what evidence is used in Florida will contests and what happens after a will is contested in Florida probate.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Will contests often turn on when and how you received probate notices and whether you acted within the time allowed by the probate process. Missing a deadline can severely limit your options.
• Burden of Proof: Florida law places the burden on the will’s proponent to show prima facie proper execution, but then the contestant must prove the legal grounds for invalidity. Florida also has burden-shifting rules tied to presumptions of undue influence in certain situations. See Fla. Stat. § 733.107.
• Exceptions and Fact-Intensive Issues: Claims like undue influence, fraud, or mistake typically require careful evidence development (medical records, witness testimony, document history, and financial patterns). Small factual differences can change the result.

Trying to handle a will contest without counsel can lead to avoidable procedural missteps, loss of leverage in settlement, or dismissal—especially when the other side is represented and the estate is moving forward.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.