What Are Contested Estates?

A contested estate is any situation where a dispute emerges during the probate administration of the decedent’s estate. These conflicts can stop the probate process, requiring legal intervention and potentially lengthy legal proceedings to resolve. 

While every family’s situation is unique, most estate contests arise from common legal grounds such as undue influence, lack of testamentary capacity, fraud, or other factors that may undermine the will’s validity.

• Challenges to the Will’s Validity: A beneficiary or heir may question whether the will is valid. They might claim it was forged, that the decedent lacked testamentary capacity, or that another person exerted undue influence to manipulate its terms. Under Florida Statute § 733.107, the burden of proof initially falls on the proponent of the will, but once its formal execution and attestation are established, the burden falls to the person contesting the will, but shifts based on the legal grounds asserted.
• Disagreements Over Asset Distribution: Interested parties may disagree on how the estate’s assets are being divided, particularly if the will’s language is ambiguous or if they feel the distribution of assets is unfair. These disputes often involve complicated family dynamics, blended families, or unresolved interpersonal conflicts.
• Allegations of Fiduciary Misconduct: A personal representative, executor, or successor trustee has a legal duty to act in the best interests of the estate and its beneficiaries. If they mismanage funds, delay estate administration, or show favoritism, other interested parties may file claims against them in probate court.

These disputes often lead to prolonged legal battles in probate court that drain the estate’s resources and deepen emotional wounds. I’ve seen family members who once gathered for Sunday dinners end up communicating only through attorneys. The emotional cost can be just as high as the financial one.

What Should You Know About Contested Estates?

The financial and emotional toll of legal disputes surrounding probate can be immense. Legal fees accumulate quickly, reducing the decedent’s estate available for distribution. At the same time, parties involved often find themselves on opposite sides of a courtroom, causing permanent damage to family relationships. The probate process can become complicated and prolonged, making it both emotionally and legally challenging.

Florida probate laws provide a specific structure for resolving these disputes. The outcome of a will contest, trust litigation, or other legal disputes depends entirely on the evidence presented and its interpretation under Florida law. Courts consider factors such as:

• Whether the will meets legal requirements under state law.
• Whether undue pressure or a confidential relationship influenced the testator.
• Whether the decedent had mental capacity or suffered from mental illness at the time of signing.

State laws set strict legal deadlines—such as the 90 days after receiving notice in Florida—within which challenges must be filed.

Many disputes can be avoided with careful and thorough estate planning. A clearly drafted will or trust, updated regularly to reflect life changes, is the strongest defense against future conflicts during the probate process.

The potential outcomes of a contested estate include invalidation of the will, redistribution of assets, or the application of intestacy laws, depending on the specifics of the case.

Legal Basis for Contesting a Will in Florida

Contesting a will in Florida is a complex and significant legal process that requires a thorough understanding of the state’s probate laws and the procedures established by the probate court. Under Florida law, there must be valid legal grounds and strict adherence to the probate process.

Interested parties, such as beneficiaries, heirs, or anyone with a legitimate stake in the estate, may challenge a will if they believe it does not accurately reflect the deceased person’s intentions or if there are concerns about how the will was created or executed. The probate court, which oversees the estate administration, is responsible for hearing these disputes and determining whether the will should be upheld or set aside.

The most common legal grounds for contesting a will in Florida include:

• Undue Influence: If someone exerted undue pressure on the deceased person, causing them to change their will in a way that does not reflect their true wishes, the will may be challenged. 
• Lack of Testamentary Capacity: Florida law requires that the person making the will (the testator) have the mental capacity to understand the size and nature of their assets, the effect of the will, and the identity of those who would inherit. If the testator had mental illness or otherwise lacked testamentary capacity at the time the will was signed, this is a strong basis for contest.
• Fraud: If the will was procured through deception, forgery, or other fraudulent means, it can be contested. This includes situations where the testator was misled about the contents of the will or where signatures were forged.
• Improper Execution: Florida probate laws require that a valid will be signed by the testator in the presence of two witnesses, who must also sign the document. If these formalities are not followed, the will may be declared invalid due to improper execution.

To initiate a will contest, an interested party must file a petition with the probate court where the will is being probated. The petition must clearly state the basis for contesting the will and provide supporting evidence to substantiate these claims. The court will then review the case, consider testimony from witnesses, and determine whether the will should be revoked. If the court finds the will invalid, the estate’s assets will be distributed according to Florida’s intestacy laws, as if no valid will existed.

If you are serving as a personal representative or are otherwise involved in a contested estate, seeking the advice of an experienced attorney is crucial to ensure that you fulfill your fiduciary duties and protect the interests of the estate and its beneficiaries during probate administration. 

Resolving Contested Estates

Consider Mediation and Alternative Dispute Resolution (ADR)

Mediation offers a non-adversarial environment for resolving trust disputes or conflicts over a deceased person’s estate. A trained mediator works with the parties involved to identify common ground and craft mutually agreeable solutions. This approach avoids the stress of a public court hearing and often results in lower legal fees.

Pro Tip: Mediation is particularly beneficial when the legal matters in question involve emotionally sensitive issues, such as family heirlooms or long-standing grievances.

Understand the Litigation Process

When resolution outside of court fails, litigation may be the only path forward. The process begins when one party files a petition in probate court, outlining the legal grounds for contesting the estate. It is important to be aware of the strict time frame for filing a contest, as courts often require challenges to be initiated within a legislated period, such as 90 days after receiving notice in some jurisdictions.

• Filing a Lawsuit: A challenge may be based on undue influence, lack of testamentary capacity, or other grounds for contesting the will or trust.
• Discovery and Gathering Evidence: Attorneys may interview witnesses, subpoena documents, and consult expert witnesses such as medical professionals or handwriting analysts.
• Court Hearings: A probate judge considers all evidence and arguments before issuing a legally binding decision.

Litigation can take months or even years, especially in high-conflict cases or when the estate involves complex assets such as real property, trust litigation, or asset protection issues. Potential outcomes of litigation include the will being upheld, revoked, assets being redistributed, or intestacy laws being applied, depending on the case specifics.

Preventing Contested Estates

The most effective way to prevent the estate from being contested involves proactive planning and clear communication.

• Draft Clear Documents: Work with a skilled estate planning attorney to ensure all documents meet Florida probate standards.
• Keep Your Plan Updated: Changes in life circumstances—remarriage, births, or deaths—should trigger an immediate review of your estate plan.
• Choose the Right Fiduciaries: Appoint a personal representative who is competent, neutral, and prepared to handle probate administration responsibly.
• Serve Formal Notice: Ensure that all interested parties receive proper notification in accordance with Florida law, reducing the risk of later objections.

Pro Tip: Use side letters or memoranda for distributing sentimental items that often spark disproportionate conflict during estate administration.

The Role of a Florida Probate Lawyer in Contested Estates

An experienced Florida probate lawyer plays a key role in resolving contested wills and disputes over estate assets. Their role includes:

• Assessing whether legal grounds exist for challenging a will or trust.
• Representing clients during mediation, litigation, or other legal proceedings;
• Ensuring compliance with all Florida probate laws, including timelines, filings, and notice requirements;
• Advising on how to protect or recover financial accounts or property wrongfully distributed.

Legal representation is essential when facing serious allegations or procedural complications within the Florida probate system.

If you are facing a dispute over a loved one’s estate, you do not have to handle it alone. With the help of a Florida probate lawyer, you can protect your rights and seek a constructive path forward.