What happens if someone contests the will after I’ve filed it for probate? - Florida
The Short Answer
In Florida, a will can still be challenged after it has been filed and admitted to probate. If an interested person files a petition to revoke probate, the case typically becomes a contested (adversary) probate matter, and the court may restrict distributions while the challenge is pending.
What Florida Law Says
Florida law allows an “interested person” to bring a proceeding to revoke the probate of a will in the same court that is handling the estate administration. Importantly, the personal representative generally continues administering the estate during the dispute, but distributions cannot be made in a way that would defeat the rights of people who would inherit if the will is found invalid.
The Statute
The primary law governing this issue is Fla. Stat. § 733.109.
This statute establishes that a proceeding to revoke probate may be brought before the personal representative is finally discharged (subject to certain statutory bars), and that while the revocation petition is pending, the personal representative proceeds with administration but generally cannot distribute assets in a way that contradicts the potential rights of those who would take if the will is invalid.
Related reading: What Is the Deadline to Contest a Will in Florida?
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: A will contest/revocation can be barred depending on whether (and how) the challenger was served with probate notices and whether the estate is approaching final discharge of the personal representative. Missing a deadline can end the challenge—or leave the estate exposed longer than necessary.
- Burden of Proof: The person contesting generally must prove legally recognized grounds (for example, lack of capacity, undue influence, fraud, improper execution, or a later valid will). Building or defending that record often requires targeted evidence and testimony.
- Exceptions and Risk Management: Even with a pending contest, the personal representative may still need to pay expenses, taxes, and creditors, and may need court guidance on what can be distributed (and what should be held back) to avoid personal liability.
Trying to handle a contested probate without counsel can lead to avoidable delays, frozen distributions, and costly litigation mistakes that can reduce the estate for everyone involved.
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.