When someone files a will to enter the probate process in Florida, it is important to understand your rights. There are several valid reasons why a person may want to contest probate, but many people miss the opportunity because they do not know the will has already been filed.
Can you contest probate in Florida? Yes, Florida law allows you to revoke probate to challenge the will under specific circumstances. Understanding these rules helps protect your inheritance and ensures that the wishes of your loved one are properly respected.
At The Law Offices of Matthew J. Jowanna, P.A., our experienced probate team works with clients to evaluate claims, build strong cases, and pursue fair outcomes. We know how difficult estate disputes can be and are committed to guiding you through every step of the process.
Keep reading to learn more and find out how a probate lawyer in Pasco County, FL can help you contest probate.
Why Might Someone Contest Probate?
In Florida, someone may contest a will only before or during the probate process. Waiting too long may forfeit your chance to be heard.
There are a number of reasons why someone may want to contest a will. One involves claims of duress, where the testator was pressured into signing out of fear for themselves or others.
Fraud is another ground, such as when someone misleads or deceives the testator into changing the terms of the will. These circumstances can invalidate the document because the testator’s true intentions were compromised.
A lack of mental capacity is also a frequent reason for dispute. If the testator did not fully understand the terms or significance of the will when signing, beneficiaries may argue that the document is not valid.
What Does the Process Entail?
If a will has already entered probate, you must file a petition to revoke probate. Florida law allows anyone with an interest in the estate, including disinherited heirs, to begin this process. The petition must detail the specific facts supporting the grounds for revocation, as the person filing carries the burden of proof.
During this time, the estate administrator continues their duties, except that they may not distribute assets to heirs who are under dispute. This safeguard prevents unfair distribution while the court reviews the case.
If the petition is successful, there are three possible outcomes. First, if a valid prior will exists, the court may admit that document to probate, and the executor will follow its terms.
Second, if no prior will exists, the estate is handled under Florida’s intestate succession laws. Finally, the court may declare only part of the will invalid, allowing the remainder to stand. Each outcome depends on the facts of the case and the strength of the evidence presented.
Protecting Your Interests in Probate
Contesting probate in Florida can be complex, but it may be necessary when a will does not reflect the true wishes of the deceased. Taking action quickly ensures your rights are not lost and that the estate is handled fairly.
Our team of legal experts has more than 30 years of experience in probate and estate litigation. Our reputation for integrity and results makes us a trusted ally in protecting your inheritance. If you believe you have grounds to contest probate, contact us today to schedule a consultation and receive clear, reliable guidance.
