How to Contest a Will: A 6-Step Florida Guide

After a loved one passes, discovering a will that seems suspicious can be deeply unsettling. You might feel that it doesn’t reflect their true intentions or that someone took advantage of them. The good news is that a will is not always the final word. Florida law provides a legal path for challenging a will that you believe is invalid. This process, however, is governed by strict rules and deadlines that you cannot afford to miss. We’ll explain the critical first steps, from determining if you have the legal right to file a claim to understanding how to contest a will in court.

Key Takeaways

• Grounds for a Contest Are Specific: You can’t challenge a will just because you disagree with it. A successful contest requires proving specific legal grounds, like undue influence or lack of mental capacity, and showing you have a direct financial interest in the outcome.
• Act Quickly and Gather Proof: Florida has strict, non-negotiable deadlines for filing a will contest. A strong case depends on concrete evidence like medical records, financial documents, and witness statements, not on emotional arguments.
• Professional Guidance is Essential: The legal process is complex and has lasting financial and emotional impacts. Consulting a probate attorney early is the best way to understand your rights, evaluate the strength of your case, and handle the process correctly from the start.

What Does It Mean to Contest a Will?

When a loved one passes away, their will is meant to be a clear guide for distributing their assets. But sometimes, the document can create more confusion than clarity. You might feel that it doesn’t reflect the person you knew or that something about it is fundamentally wrong. This is where the legal process of contesting a will comes in. It’s not simply about disagreeing with your inheritance; it’s a formal legal action that questions the validity of the will itself. Essentially, you are asking a court to declare the document legally void.

To succeed, you must prove to a probate court that the will is invalid for a specific, recognized legal reason. This process can be complex and emotionally draining, which is why understanding the basics is the first crucial step. It involves strict deadlines, specific legal requirements, and a high burden of proof on the person challenging the document. Simply feeling that the distribution is unfair isn’t enough to overturn a will. You need to present concrete evidence that supports one of the established grounds for a contest. Handling this requires a clear strategy and a deep understanding of Florida’s probate laws. Working with an experienced probate law attorney can help you understand your rights and the strength of your potential case from the very beginning.

The Basics of a Will Contest

At its core, contesting a will means you are filing a formal lawsuit to challenge its validity in probate court. The goal is to prove that the document doesn’t represent the final, true intentions of the person who passed away (the testator). You’re not just asking for a different outcome; you’re arguing that the will itself is legally flawed and should be thrown out. If your challenge is successful, the court may invalidate the entire will or just certain parts of it. The estate would then typically be distributed according to a previous, valid will. If no prior will exists, the assets are divided according to Florida’s intestacy laws, which provide a default plan for distributing property to relatives.

Common Reasons a Will Is Challenged

You can’t contest a will just because you’re unhappy with what it says. You need valid legal grounds to stand on. While every case is unique, most will contests are based on one of a few common arguments. These challenges focus on the circumstances under which the will was created, not the fairness of its contents.

The most common reasons a will is challenged include:

• Lack of Mental Capacity: The person who made the will was not of “sound mind” when they signed it. This means they didn’t understand the document they were signing, the property they owned, or who their natural heirs were.
• Undue Influence: Someone used manipulation or pressure to coerce the testator into creating or changing their will to benefit the manipulator, often by taking advantage of a position of trust.
• Improper Execution: The will wasn’t signed or witnessed according to the strict formalities required by Florida law.
• Fraud or Forgery: The testator was tricked into signing the will, or the signature on the document is a fake.

Who Can Legally Contest a Will in Florida?

Not just anyone can challenge a will simply because they disagree with its terms. Florida law is very specific about who has the right to file a will contest. To do so, you must have a direct, personal stake in the outcome and you must act within a strict timeframe. This legal right is known as “standing,” and understanding it is the first step in any potential challenge. If you miss the deadline, you could lose your chance to contest the will forever, no matter how strong your reasons are.

Understanding Your “Standing” to Sue

“Standing” is a legal term that means you have a direct financial interest in the property and money left behind by the deceased person. In Florida, this usually means you fall into one of a few specific categories. You likely have standing if you were named in a previous will but would receive less (or nothing) under the new one. Close family members, like a spouse or children who would legally inherit if no will existed, also have standing. The key is that you must stand to gain financially if the will is proven invalid. Simply being disappointed or feeling the will is unfair isn’t enough to give you the legal right to challenge it in court. Our estate planning and probate attorneys can help you determine if you meet this critical requirement.

Florida’s Strict Filing Deadlines

Time is of the essence when contesting a will in Florida. The law sets firm deadlines, and if you miss them, you forfeit your right to challenge the will. Generally, you must file your claim within a few months after the will is officially accepted by the court in a process called probate. This window is short, so it’s crucial to act quickly once you receive a “Notice of Administration.” Waiting too long is one of the most common mistakes people make. Even if you have a valid reason to contest the will, the court will dismiss your case if it’s filed too late. Because these deadlines can be complex, it’s wise to speak with an attorney as soon as possible to protect your rights.

What Are Valid Grounds for Contesting a Will?

Simply being unhappy with your inheritance isn’t enough to challenge a will in court. To successfully contest a will in Florida, you must have valid legal grounds. This means you need to prove that the will is invalid for a specific, recognized reason. Think of it as building a case—you need a solid foundation. Florida law recognizes several grounds for invalidating a will, but most challenges fall into one of four main categories. Understanding these grounds is the first step in determining whether you have a legitimate case.

Lack of Sound Mind

For a will to be valid, the person who created it (the testator) must have been of “sound mind” when they signed it. This is also known as having testamentary capacity. It doesn’t mean they needed to be in perfect health, but it does mean they had to understand three basic things: the act of making a will, the general nature and extent of their property, and who their closest family members were. If you can demonstrate that the testator was suffering from a condition like dementia, psychosis, or another mental issue that prevented them from understanding these key elements, the will may be deemed invalid. This is a common basis for a will contest, especially when a will is changed late in life. Proving a lack of sound mind often requires a deep look into the testator’s medical history and personal records, which is where experienced probate and estate planning attorneys can be invaluable.

Undue Influence or Coercion

Undue influence happens when someone manipulates or exerts pressure on a vulnerable testator, causing them to change their will to benefit the manipulator. This is more than just giving advice; it’s a form of coercion that overpowers the testator’s own wishes. This often occurs when the testator is dependent on someone for care, isolating them from other family and friends. If a new will suddenly disinherits close family in favor of a single caregiver or a new acquaintance, undue influence might be the reason. To prove it, you must show that the influencer had a confidential relationship with the testator and was actively involved in getting the will prepared and signed.

Improper Signing or Witnessing

Florida has very strict rules about how a will must be signed and witnessed. These aren’t just suggestions—they are legal requirements called “formalities.” For a will to be valid, it must be in writing, signed by the testator at the end, and signed by two credible witnesses in the testator’s presence. If any of these steps are missed or done incorrectly, the will can be thrown out. For example, if one of the witnesses wasn’t actually in the room when the testator signed, or if they signed it later, the will is not properly executed. While it may seem like a technicality, these rules are in place to prevent fraud and ensure the will is authentic.

Fraud or Forgery

A will can also be contested on the grounds of fraud or forgery. Fraud occurs when the testator is intentionally deceived into signing the will. For instance, someone might tell them they are signing a different document, like a deed or a power of attorney, when it is actually a will. Forgery is even more straightforward: the signature on the will is not the testator’s. It was faked by someone else entirely. Both fraud and forgery are serious accusations that can invalidate a will if you can provide sufficient evidence. Uncovering this kind of deception often requires careful investigation, and the guidance of skilled attorneys can be critical in building a strong case.

How to Contest a Will: A Step-by-Step Guide

Challenging a will can feel like a monumental task, especially when you’re already dealing with the loss of a loved one. The process is structured and follows a clear legal path, but it requires careful attention to detail and strict adherence to deadlines. Knowing the steps involved can help demystify the process and give you a clear roadmap for what to expect. From confirming you have the right to challenge the will to preparing for a potential court date, each phase is critical for building a successful case. It’s not about creating conflict, but about ensuring the final wishes of the deceased were accurately and legally documented.

Think of this as a sequence of building blocks. You can’t move to the next step without having a solid foundation in the one before it. It all starts with understanding your legal position and ends with a formal resolution, whether that’s through a settlement or a judge’s decision. This guide breaks down the six key stages of contesting a will in Florida. Following these steps with the guidance of a legal professional is the best way to protect your rights and present the strongest possible case.

Step 1: Confirm Your Standing and Obtain the Will

Before you can take any legal action, you first need to establish that you have “standing,” which is the legal right to challenge the will. In Florida, this means you must be an “interested person”—someone who has a direct financial or property interest that would be affected by the outcome of the case. This typically includes beneficiaries named in the current will, beneficiaries from a previous will, or legal heirs who would inherit if there were no will at all. Once you confirm your standing, the next move is to get a copy of the will. This document is the foundation of your case, and you’ll need to review it carefully to understand its terms and identify the specific issues you plan to challenge.

Step 2: Consult with a Probate Attorney

Once you have the will and believe you have grounds to contest it, it’s time to speak with a professional. This isn’t a process you should attempt on your own. A probate attorney will review your situation, explain your rights, and give you an honest assessment of your case’s strengths and weaknesses. They can help you understand the complex legal standards for proving things like undue influence or lack of capacity. This initial consultation is crucial for developing a sound legal strategy. The right estate planning and probate lawyer will guide you through every subsequent step, ensuring all actions are taken correctly and on time.

Step 3: File the Legal Petition

After strategizing with your attorney, the next step is to formally begin the will contest by filing a legal petition with the appropriate Florida court. This document officially notifies the court and all other interested parties that you are challenging the validity of the will. It will outline who you are, your interest in the estate, and the legal grounds for your contest. Florida has very strict deadlines for filing a will contest—in some cases, as short as 90 days after receiving a Notice of Administration. Missing this window can permanently bar you from bringing a challenge, which is why acting quickly after consulting with your attorney is so important.

Step 4: Gather Your Evidence

Once the petition is filed, the discovery phase begins. This is where your attorney will work to gather all the evidence needed to support your claims. The type of evidence will depend on your grounds for contesting the will. For example, if you are claiming a lack of capacity, your attorney may seek medical records, pharmacy logs, and testimony from healthcare providers. If you’re alleging undue influence, they might look for financial records, communication logs, and statements from friends, family, or caregivers who witnessed the testator’s interactions with the person accused of coercion. This stage is methodical and essential for building a persuasive case.

Step 5: Consider Mediation

Not every will contest ends up in a courtroom battle. In fact, many are resolved through mediation. Florida courts often encourage or even require the parties to attempt mediation before proceeding to a full trial. During mediation, a neutral third-party mediator helps facilitate a conversation between you and the other party to see if a mutually agreeable settlement can be reached. This process is confidential, generally less expensive than a trial, and allows you to have more control over the final outcome. Reaching a settlement can also help preserve family relationships that might otherwise be permanently damaged by a contentious trial.

Step 6: Prepare for Trial

If a settlement can’t be reached through negotiation or mediation, the case will proceed to trial. At this point, your attorney will present all the evidence and witness testimony you’ve gathered to a judge. The other side will have a chance to do the same. The judge will hear both arguments and then make a final ruling on the will’s validity. A trial requires meticulous preparation, from organizing evidence to preparing witnesses for their testimony. Having an experienced litigation attorney who is comfortable and skilled in the courtroom is absolutely essential to effectively argue your case and achieve a favorable outcome.

What Evidence Do You Need to Build a Strong Case?

Winning a will contest in Florida isn’t about who tells the most convincing story—it’s about who has the strongest evidence to back up their claims. The court needs objective proof that the will is invalid for one of the legally recognized reasons, whether it’s lack of capacity, undue influence, or improper execution. Simply feeling that the will is unfair or doesn’t reflect what you were promised isn’t enough to have it thrown out. You and your attorney will need to gather compelling evidence to build a case that can stand up in court.

Successfully challenging a will requires a strategic approach to collecting and presenting facts. This evidence often comes from three main categories: medical documentation, personal testimony from witnesses, and financial or personal records. Each piece serves as a building block, helping to create a clear picture of the circumstances surrounding the will’s creation. A skilled probate attorney can help you identify which types of evidence are most relevant to your specific situation and how to obtain them legally. This process is methodical and focuses on verifiable information rather than emotional appeals, which is why having professional guidance is so important from the start.

Medical Records and Expert Opinions

If your challenge is based on the claim that the testator lacked a “sound mind” or the mental capacity to create a will, their medical history is the most critical piece of evidence. These records can provide a clinical, unbiased look into their mental state around the time the will was signed. You’ll want to look for documentation of cognitive decline, such as a diagnosis of dementia or Alzheimer’s, or records detailing confusion, paranoia, or delusions. Your attorney can help you subpoena these records, which might include doctor’s notes, hospital admission reports, and prescription histories. In some cases, it may also be beneficial to hire a medical expert to review these documents and offer a professional opinion on the testator’s capacity.

Statements from Witnesses

While documents provide hard facts, testimony from witnesses adds essential human context. People who knew the deceased—like family, friends, caregivers, and neighbors—can share firsthand accounts of their observations. Their statements can help establish the testator’s mental state, personality changes, or isolation from loved ones. This is especially crucial in cases of undue influence, where a witness might have seen a specific person manipulating or pressuring the testator. The individuals who witnessed the actual signing of the will are also incredibly important. They can testify about the circumstances of the signing, whether the testator seemed to understand the document, and if the proper legal procedures were followed.

Financial and Personal Documents

A person’s financial life can often reveal a story that words can’t. A sudden and drastic change in a will that benefits a new acquaintance, especially when paired with unusual financial activity, can be a major red flag for undue influence or fraud. Your attorney may seek bank statements, investment records, and property deeds to look for unexplained withdrawals, transfers, or changes in beneficiaries. Previous versions of the will can also be powerful evidence, as they can demonstrate a consistent and long-standing estate plan that was abruptly altered. Personal documents like emails, letters, or journals can provide further insight into the testator’s true intentions and their relationships with the people involved. If you have questions about what documents might be helpful, you can always contact an attorney for guidance.

Understanding the Costs of a Will Contest

Let’s talk about one of the biggest questions on everyone’s mind: how much does it cost to contest a will? It’s a valid concern, and the answer depends on the unique details of your situation. The total expense isn’t just one single number; it’s a combination of attorney fees, court costs, and other expenses that come up during the legal process. Understanding these components can help you make a more informed decision about moving forward. While every case is different, we can break down the typical costs you might expect to see when challenging a will in Florida.

A Breakdown of Attorney Fees and Court Costs

The primary costs you’ll encounter are attorney fees and court filing fees. In Florida, filing a petition to contest a will typically involves a court fee of around $346. Attorney fees will make up the largest portion of the cost and can vary significantly based on how complex your case is. For instance, a straightforward dispute will cost less than one that involves extensive investigation and multiple court appearances. Generally, the total cost for a will contest can start around $10,000 and can increase from there. An experienced probate attorney can review the specifics of your case and give you a much clearer picture of the potential financial commitment.

How Fee Arrangements Work

Attorneys structure their fees in a few different ways, and it’s important to understand your options. Some work on an hourly basis, while others may offer a flat fee for specific services. Another common option, especially in will contests, is a contingency fee arrangement. This means the attorney’s fee is a percentage of the assets you recover, and you only pay if you win the case. This can make legal action more accessible if you don’t have the funds to pay fees upfront. No matter the structure, you should always have a clear, written agreement outlining all costs. Don’t hesitate to ask questions about fees during your initial consultation.

Common Myths About Contesting a Will

When you’re dealing with the loss of a loved one, emotions are already running high. Add in a will that feels unfair or suspicious, and it’s easy for misinformation to cloud your judgment. Many people have preconceived notions about what it takes to challenge a will, often based on movies or TV shows. Let’s clear up a few of the most common myths so you can approach the situation with a clear understanding of how the process actually works in Florida.

Myth #1: You can contest a will at any time.

This is one of the most dangerous misconceptions because it can cause you to lose your rights entirely. In Florida, you don’t have an unlimited amount of time to challenge a will. The law sets strict deadlines, known as statutes of limitation. Generally, once a will is admitted to probate and a notice of administration is served, you have just a few months to file a contest. If you miss this window, the court will likely refuse to hear your case, no matter how strong your evidence is. This is why it’s so important to act quickly. Contacting a probate attorney as soon as possible is critical to protecting your potential inheritance.

Myth #2: Any unhappy family member can file a contest.

It’s a common belief that anyone who feels left out or slighted by a will can take it to court. However, simply being disappointed with your inheritance isn’t enough to give you the legal right to file a challenge. To contest a will in Florida, you must have “standing,” which means you are an “interested person” with a direct financial stake in the outcome. Typically, this includes beneficiaries named in the current or a previous will, or legal heirs who would inherit if the will were thrown out completely. If invalidating the will wouldn’t benefit you financially, you likely don’t have standing. An experienced estate planning attorney can help you determine if you meet this crucial requirement.

Myth #3: A minor error automatically invalidates a will.

Finding a typo or a small mistake in a will might feel like a “gotcha” moment, but it rarely invalidates the entire document. Florida courts try to honor the final wishes of the person who made the will (the testator), and they understand that minor human errors happen. A simple misspelling of a name or an incorrect address usually won’t be enough to overturn a will, as long as the testator’s intent is still clear. However, more serious mistakes, like failing to sign the will correctly or not having the required witnesses, can be valid grounds for a contest. The key is whether the error suggests the will wasn’t executed according to Florida’s legal requirements.

What Are the Possible Outcomes of a Will Contest?

When you decide to contest a will, the path forward isn’t always straightforward. The process can conclude in several different ways, ranging from a clear court decision to a private agreement between family members. It’s not simply a matter of winning or losing; the resolution can be complex and deeply personal. Understanding these potential outcomes from the start can help you set realistic expectations and make informed decisions with your attorney. The journey through a will contest can be emotionally taxing and legally intricate, so knowing the potential destinations is crucial.

The four main possibilities are that the court upholds the will, the court invalidates it (in whole or in part), the parties reach a settlement, or the case proceeds and impacts family relationships in lasting ways. Each result carries its own set of legal and emotional consequences for everyone involved. Knowing what could happen helps you prepare for the road ahead, no matter which turn it takes. An experienced probate attorney can guide you through these possibilities and help you determine the best course of action for your specific situation, ensuring you understand the full scope of what lies ahead.

The Court Upholds the Will

If the court reviews the evidence and determines the will is valid, your petition to contest it will be dismissed. This is the most straightforward outcome. In this scenario, the court essentially confirms that the will accurately reflects the final wishes of the person who passed away. The probate process will then move forward exactly as outlined in the will’s original terms. While this may not be the result you hoped for, it provides a definitive legal conclusion and allows the estate administration to proceed without further delays from the contest.

The Court Invalidates All or Part of the Will

On the other hand, if you successfully prove that the will is invalid, the court can invalidate either the entire document or just specific sections. This happens when there’s clear evidence of issues like fraud, mental incapacity, or undue influence. If only a portion is struck down, the rest of the will remains in effect. However, if the entire will is invalidated, the estate is treated as if no will ever existed. In that case, Florida’s intestacy laws will determine how the assets are distributed among the heirs, which can drastically change who inherits the property.

The Parties Reach a Settlement

Litigation can be a long, expensive, and emotionally draining process. Because of this, many families involved in a will contest choose to negotiate a settlement outside of court. This involves all parties coming to a mutual agreement on how the estate’s assets will be divided. A settlement gives you more control over the outcome than leaving it in a judge’s hands. It can also be a faster and more cost-effective solution that helps preserve what’s left of family relationships. Reaching a settlement often requires skilled negotiation, which is where experienced legal counsel can make a significant difference.

The Impact on Family Dynamics

It’s important to remember that a will contest is more than just a legal battle; it’s a deeply personal family matter. The process is adversarial by nature, pitting family members against each other in a public forum. This can create deep and lasting rifts, turning disagreements over inheritance into permanent fractures in relationships. The emotional toll can be significant, as differing opinions about the deceased’s true intentions come to light. Before you file a contest, it’s wise to consider the potential impact on your family dynamics and weigh whether the financial outcome is worth the potential personal cost.

What Factors Influence Your Chance of Success?

Winning a will contest isn’t just about being right; it’s about being able to prove it in court. Several key factors shape the outcome of your case, from the legal foundation of your claim to the evidence you can present. Understanding these elements from the start helps you and your attorney build the strongest possible case and set realistic expectations. It’s a combination of legal strategy, solid proof, and a clear understanding of any defensive measures, like a “no-contest” clause, that might be in the will.

The Strength of Your Legal Argument

To successfully contest a will, you need a valid legal reason, not just a feeling that the outcome was unfair. Florida courts won’t invalidate a will simply because you’re disappointed with its contents. Your case must be built on legally recognized grounds, such as a lack of mental capacity, undue influence, improper signing (improper execution), or fraud. Without a strong legal argument rooted in one of these specific issues, your challenge is unlikely to succeed. This is why the first step is always to see if your situation fits within Florida’s probate law.

The Quality of Your Evidence

A strong legal argument is only as good as the evidence supporting it. Once a petition is filed, both sides gather evidence to prove their claims. This is where your case truly takes shape. You’ll need compelling proof, like medical records showing a lack of capacity, financial statements suggesting coercion, or testimony from witnesses who observed suspicious behavior. The other side will gather its own evidence to defend the will. If the case goes to trial, a judge will weigh everything presented. The quality of your evidence is often the deciding factor in these complex legal challenges.

The Effect of a “No-Contest” Clause

Some wills include a “no-contest clause.” This provision states that if a beneficiary challenges the will and loses, they forfeit any inheritance they were supposed to receive. It’s designed to discourage lawsuits. While these clauses are enforceable in Florida, there are exceptions. For instance, if you have probable cause to bring the contest, the clause may not apply even if you lose. A no-contest clause adds a significant layer of risk to your decision, so it’s critical to have an experienced attorney review the will and assess the strength of your case before you proceed.

When Should You Speak with a Probate Attorney?

Deciding to contest a will is a significant step, often taken during an already emotional time. While it’s tempting to act on your instincts, this is one area where you absolutely shouldn’t go it alone. The probate process is governed by specific rules and deadlines, and a single misstep can jeopardize your entire case. The moment you start questioning the validity of a will is the moment you should consider speaking with an attorney.

An experienced probate attorney does more than just file paperwork; they provide a clear-headed perspective when emotions are running high. They can assess the situation objectively, explain your options in plain language, and map out a strategy based on Florida law. Bringing in a professional early ensures you start on the right foot and build your case on a solid legal foundation. Our probate and estate planning attorneys are here to provide that clarity and support, helping you make informed decisions from day one.

Getting a Professional Assessment of Your Case

If you believe you have a strong reason to contest a will, your first move should be to talk with an experienced attorney. They can help you determine if your suspicions amount to valid legal grounds for a challenge. An initial consultation allows a legal professional to review the facts, analyze the will, and give you an honest assessment of your case’s strengths and weaknesses. This step is crucial for understanding your rights and the complex legal process ahead. It helps you move forward with confidence, knowing your claim has merit, or saves you the time and expense of pursuing a case that is unlikely to succeed.

The Benefits of Experienced Legal Guidance

Contesting a will is a complex legal process with strict time limits. In Florida, you have a very short window to file a challenge, and missing that deadline means losing your right to do so forever. An attorney ensures all documents are filed correctly and on time. They know how to gather evidence, interview witnesses, and present your case effectively in court. Many successful will contests are based on technical errors in how the will was created or signed. An experienced lawyer knows exactly what to look for and can guide you through the intricacies of the law, giving you the best possible chance of a favorable outcome.

Related Articles

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• What Evidence Is Needed to Contest a Will?

Frequently Asked Questions

What if I just think the will is unfair? This is a very common and understandable feeling, but unfortunately, the fairness of a will isn’t a legal reason to challenge it in Florida. The court’s role is to determine if the will is legally valid, not to decide if the distribution of assets is equitable. Your case must be built on specific legal grounds, such as proving the person who made the will was not of sound mind or was pressured by someone else.

How long does the process of contesting a will usually take? The timeline for a will contest can vary greatly. A straightforward case that settles quickly during mediation might be resolved in a few months. However, if the case is complex, requires extensive evidence gathering, and proceeds to a full trial, it could easily take a year or even longer to reach a final resolution.

Will I definitely have to go to court and testify? Not necessarily. Many will contests are resolved through negotiation or mediation long before they reach a courtroom. The goal of these processes is to find a mutually agreeable settlement, which saves everyone the time, expense, and stress of a trial. While you should always be prepared for the possibility of going to court, it is not a guaranteed part of the process.

Can I still contest a will even if I wasn’t named in it at all? Yes, you may still have the right to contest the will. In Florida, you need to have “standing,” which means you have a direct financial interest in the outcome. If you are a close relative, like a child or spouse, who would legally inherit property if no will existed, you likely have standing to file a challenge even if you were completely left out of the document.

What happens to the estate’s money and property during the contest? While a will is being contested, the estate’s assets are essentially frozen. The personal representative, or executor, is still responsible for managing and protecting the property, but they generally cannot distribute any assets to the beneficiaries until the court resolves the dispute. This ensures that all property is accounted for and can be distributed correctly once a final decision is made.