Fla. Prob. R. 5.275 · Part II. — PROBATE
BURDEN OF PROOF IN WILL CONTESTS
Text — October 1, 2026 edition
(a) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation sought.
(b) In any transaction or event to which the presumption of undue influence applies, the presumption shifts the burden of proof under sections 90.301–90.304, Florida Statutes.
Notes and commentary — not rule text
Committee Notes
This rule implements the procedure found in section 733.107, Florida Statutes, and the public policy against abuse of fiduciary or confidential relationships.
Rule History
1988 Revision: New rule.
1992 Revision: Citation form changes in committee notes.
2003 Revision: Committee notes revised.
2019 Revision: Adopts subdivision (b) and revises the committee note to reflect that change. Statutory References § 90.301, Fla. Stat. Presumption defined; inferences. § 90.302, Fla. Stat. Classification of rebuttable presumptions. § 90.303, Fla. Stat. Presumption affecting the burden of producing evidence defined. § 90.304, Fla. Stat. Presumption affecting the burden of proof defined. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/Probate-Rules-10-01-26.pdf (PDF pages 112–113)
- Text hash
- sha256 a9ceb3a313ca9c9302d633aa6f1dab817e17a3c1536a631c706da6d42b53ecaf
- Composed by
- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.