Detailed Answer — How a challenge works and what to do next

1. Understand where Florida law applies

Probate and will contests in Florida are governed principally by the Florida Probate Code (see Chapters 732 and 733). Chapter 732 addresses wills and distributions, and Chapter 733 covers administration of estates. You can review these statutes here:

• Florida Statutes Chapter 732 (Wills, Descents, and Distributions)
• Florida Statutes Chapter 733 (Administration of Estates)

2. Immediate steps you should take

1. Preserve the original document and related evidence. If you can access the original will, do not alter it. Photograph it, note where and when you first saw it, and collect any electronic messages, drafts, or emails about it.
2. Notify the probate clerk and other interested persons. If someone has already filed the will with the clerk of the circuit court in the decedent’s county, notify the clerk you believe the will may be forged and that you want notice of probate proceedings.
3. Get written statements from witnesses. If a witness to the signature or attestation can be located, obtain their written account of whether they signed or observed the testator sign.
4. Contact law enforcement if criminal conduct is suspected. Forgery is a crime. If you believe fraud or forgery occurred, you may also report it to police or the state attorney. Criminal investigation can run in parallel with the probate contest.
5. Talk to a probate attorney right away. Time limits and procedural rules are strict. An attorney experienced with Florida probate litigation can help preserve rights, prepare a contest, and request emergency court orders if needed.

3. How to formally challenge (contest) the will in Florida

In Florida you challenge a will by filing a claim in the probate proceeding where the will was offered for admission. Typical steps include:

• Filing a written pleading (often called a caveat, notice of contest, or petition to revoke probate) with the circuit court clerk in the county where the decedent was domiciled.
• Serving the personal representative (or the person who filed the will), the probate clerk, and other interested persons.
• Asking the court for relief (for example, denial of probate, temporary restraining order, or a hearing to determine validity).

Because a will contest can block distribution of assets, courts may issue temporary orders to freeze distributions or preserve estate property while the contest is resolved.

4. What you must prove if you claim forgery

Claims commonly raised against a will include forgery, fraud, lack of testamentary capacity, or undue influence. To defeat a will that appears to be validly executed, you typically must show strong evidence. Florida probate courts often require persuasive proof (for many challenges, courts apply a high evidentiary standard such as clear and convincing evidence). Evidence that helps:

• Handwriting and signature analysis by a qualified document examiner
• Testimony from the witnesses named on the will (if available) that they did not sign or did not witness the signing
• Notary or self-proving affidavit inconsistencies
• Physical inconsistencies (different ink, mismatched paper, lack of required attestations)
• Contemporaneous communications (emails, texts) that contradict the will
• Medical records or physician testimony showing the decedent lacked capacity at the time
• Evidence of suspicious circumstances: sudden, unexplained changes, beneficiaries who controlled the decedent at the time, or concealment of the will

5. Timing and deadlines — act quickly

Deadlines are critical. Interested persons often have a limited window to contest after notice of administration or after a will is offered for probate. If you miss a statutory deadline, you risk losing the right to challenge. Even if you do not yet have all the proof, file the appropriate pleading or a motion to extend time and preserve your position, then gather the evidence.

6. What if the will has already been admitted and assets distributed?

Even if probate concluded and assets were distributed, you may still have remedies:

• File a petition to set aside the probate judgment if you can show the will was fraudulently admitted or you were denied due process.
• Bring civil claims against beneficiaries who received assets (claims for unjust enrichment, conversion, or constructive trust).
• Pursue criminal charges for forgery if the facts support it.

7. Practical considerations — costs, experts, and likely outcomes

Will contests can be time-consuming and expensive. Expect to pay for court costs, attorney fees, and experts (handwriting analysts, medical experts). Outcomes vary: the court may declare the will invalid, may admit a prior will, or may order remedies to restore estate assets. Courts weigh the evidence and follow statutory procedures in Chapters 732 and 733 when making decisions.

8. Where to file and procedural resources

File in the circuit court in the county where the decedent was domiciled at death. For statutory details on probate procedure and administration, consult the Florida statutes cited above and the local rules of the circuit court. If a document containing a purported will was already filed with the clerk, request notice of all probate filings so you can protect your rights promptly.

Important statutory resources (Florida):

• Florida Statutes Chapter 732 — Wills, Revocations, and Distributions
• Florida Statutes Chapter 733 — Administration of Estates

Disclaimer: This article explains general information about Florida probate practice and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Florida probate attorney promptly.

Helpful Hints

• Act immediately — probate timelines can be short; delay can forfeit your rights.
• Do not alter or return the original will. Preserve the document and any surrounding records.
• Get written, dated statements from anyone who saw the decedent sign or who was present when the will surfaced.
• Collect medical records and providers’ notes to help document testamentary capacity.
• Photograph physical evidence (paper, ink, signatures) and preserve electronic evidence (emails, messages, social media posts).
• Consider both civil and criminal options — report suspected forgery to law enforcement while pursuing a probate contest.
• Ask the probate clerk for a copy of the file and for notice of future filings.
• Talk to a probate litigator quickly about emergency motions (freeze of assets, temporary restraining orders) when distribution is imminent.
• If you cannot afford a private attorney, contact your local legal aid or county bar association for referrals or pro bono resources.