How does an intestate succession differ from a will contest?

An intestate succession is a legal process by which a person’s assets are distributed when they pass away without a valid will. In Florida, the distribution of assets is based on the statutes of intestate succession set forth in the Florida Statutes. A will contest, on the other hand, is a legal dispute over the validity of a will that is filed. In a will contest, a party must challenge the validity of the will by arguing that the will was not properly executed, that the deceased person was of unsound mind when the will was created, or that the deceased person was subject to undue influence when creating the will. In an intestate succession, there is no will to contest since the deceased person did not make a will. Intestate succession simply follows the state statutes which determine how the assets will be divided among the variable number of heirs or beneficiaries. A will contest only applies when there is a will in place and therefore, an intestate succession differs from a will contest because there is no will to contest in an intestate succession.

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How does an intestate succession differ from a will contest?

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