Challenging or Defending a Will in Miami: A Contested Probate Checklist

Most Miami probates move quietly through the Eleventh Circuit’s probate division. A minority become battles—over who should inherit, who should serve as personal representative, or whether a will is valid at all. South Florida’s mix of second marriages, sizable real estate values, and aging relatives who relocated here makes contested probate a recurring reality. Whether you suspect a will is flawed or you’re the one defending it, this checklist explains the terrain under Florida law.

Know the grounds to challenge a will

• Improper execution. Florida §732.502 requires the testator’s signature and two witnesses signing in each other’s presence. A defect here can void the will.
• Lack of testamentary capacity. The testator must have understood the nature of the act, the property, and the natural objects of their bounty at the time of signing.
• Undue influence. The classic Florida claim—a person in a confidential relationship who actively procured a will that benefits them. Florida courts weigh factors like presence at execution and securing witnesses.
• Fraud, duress, or mistake. Less common but recognized.

Confirm you have standing—and watch the clock

Only an “interested person” (a beneficiary, heir, or someone whose share is affected) can contest. Timing is critical: once the personal representative serves formal notice of administration, an interested person generally has a tight window—often as short as three months from service—to file objections. Miss it and the claim can be barred. Calendar these dates the moment you receive papers from probate.

Beware the no-contest clause that doesn’t bite

Many wills drafted elsewhere include “in terrorem” clauses disinheriting anyone who challenges. In Florida, §732.517 makes such penalty clauses unenforceable as to wills. The same rule applies to revocable trusts under Chapter 736. So a Miami beneficiary contesting in good faith generally won’t forfeit a bequest merely for raising a legitimate challenge.

Gather evidence early

Will contests are fact-intensive. Useful proof includes the drafting attorney’s file and notes, medical records bearing on capacity, the testator’s medications, witness recollections, financial records showing sudden changes, and the timeline of who was involved when the will was signed. In undue-influence cases, the relationship and the influencer’s role in arranging the will often decide the outcome.

Don’t forget spousal rights

Sometimes the real remedy isn’t voiding the will but enforcing the surviving spouse’s elective share under §732.2065 and following—30% of the elective estate—plus Florida homestead protections (Art. X, §4). A spouse left out of a Miami will may have powerful statutory rights without ever proving the will invalid.

Consider mediation

Miami-Dade’s probate division frequently refers contested matters to mediation. Litigation drains estate value and relationships; many disputes resolve through a negotiated split that the court can approve.

Consult a Florida attorney

Will contests have short deadlines and high stakes. If you’re considering challenging or defending a will in Miami-Dade, talk to a licensed Florida probate litigation attorney promptly so you don’t lose rights to a missed deadline.