Undue Influence in Florida Probate
FL probate undue influence: petition filed in probate court. Timing: 20 days after notice (Section 733.212); 3 months for creditors. Standing: beneficiaries, heirs-at-law, PRs, and creditors (Section 731.201). Process: petition, discovery, trial/settlement, judgment. If voided: partial (remaining enforced; voided passes under prior will/intestacy) or entire (prior will or intestacy; Chapter 732). PR may be replaced. Costs: allocated from estate (Section 733.106).
Process
- Petition in probate court
- Discovery, trial, judgment
- 20-day or 3-month deadline
Standing
- Beneficiaries, heirs
- PRs, creditors
- Direct financial interest
If Voided
- Partial: remaining enforced
- Entire: prior will or intestacy
- Costs from estate
Related Terms
- Will Contest — Grounds
Barnes Walker Estate Planning
Barnes Walker’s attorneys handle FL probate contests. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 731–735 (Florida Probate Code)
The Florida Probate Code governs the administration of decedents' estates, including the appointment of personal representatives, creditor claims, and distribution of assets.
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC