Questions About Contesting a Will in Florida? Start With the Facts

Florida law generally sets a window to contest a will

Yes. Florida law generally sets a time limit to contest a will in Florida. For an interested person served with a notice of administration, the main window is 3 months after that service. Under Fla. Stat. § 733.2123, a petitioner may serve formal notice of the petition for administration on interested persons. A person served with such notice before letters are issued, or who has waived notice, may not challenge the validity of the will, testacy of the decedent, venue, or jurisdiction of the court, except in proceedings before issuance of letters.

How that window applies to your case depends on the governing instrument, applicable Florida law, and the facts of each case. No single day count should be treated as universal for every estate.

Fla. Stat. § 733.212(3) provides that an objection filed too late is forever barred. Under Fla. Stat. § 733.212(3), that bar applies to objections to the validity of the will, the venue, or the jurisdiction of the court, and the period runs from the date a copy of the notice of administration is served on the person who objects. Under Fla. Stat. § 733.212, the only extension is estoppel based on a misstatement by the personal representative about the time period, so you shouldn’t assume one applies.

If you just received a letter about a parent’s or relative’s estate, the timing can feel urgent. Start by confirming the dates in writing. This page is general information, not advice about a specific estate.

The two dates that may start the clock

The 3-month period generally runs from the date a copy of the notice of administration is served on you. Fla. Stat. § 733.212 also sets an outer limit of 1 year. Under Fla. Stat. § 733.212, unless an earlier bar applies, an objection to the validity of a will, to venue, or to the court’s jurisdiction must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration. How this applies to each estate varies with its facts.

Some people hear that the court’s order admitting the will starts the clock. Check the notice and the court file rather than relying on a general rule.

The notice itself matters. Florida Probate Rule 5.240 says the notice must state the 3-month objection period and the 1-year limit. Keep the notice and any proof of when and how it arrived.

Whether each date applies depends on the facts and applicable law. Persons who were not served in the way the statute describes may face different timing questions.

Who counts as an interested person

The 3-month period runs separately for each person served. It is measured from service on that person.

Under § 733.212, the personal representative must promptly serve the notice on persons known to them. That includes the decedent’s surviving spouse and persons who may be entitled to exempt property. The personal representative may also serve devisees under a known prior will, heirs, and others who claim or may claim an interest in the estate.

Whether you fall into one of these groups depends on the will, the estate records, and the facts. If you think you should have received a notice, check the court file before you assume anything.

What a contest petition must address

An objection is made by filing a petition or other pleading that asks for relief under the Florida Probate Rules. It goes to the court where the estate is pending. The notice must name that court.

Under § 733.212(3), objections subject to the three-month bar include challenges to the will’s validity, the venue, or the court’s jurisdiction, depending on applicable Florida law and the facts of each case.

A caveat is a different early step. Under § 731.110, an interested person who is apprehensive that a will may be admitted without their knowledge may file one. The court may not admit the will until formal notice of the petition is served on the caveator, and the caveator has had the opportunity to participate in proceedings on the petition, if the caveat was filed by an interested person other than a creditor.

The contents and procedure depend on the grounds raised and the Probate Rules. A petition filed late can face a procedural challenge, and the result depends on the facts and the court’s ruling.

Grounds commonly raised within the window

Which ground fits depends on the facts.

Under § 732.5165, a will is void if its execution is procured by fraud, duress, mistake, or undue influence. Any part procured that way is void. The rest stays valid if it is not invalid for other reasons.

The burden of proof follows a set order. Under § 733.107(1), the proponent must first establish prima facie the will’s formal execution and attestation. After that, the contestant has the burden of establishing the grounds for opposing probate.

Undue influence has a special rule. Under § 733.107(2), the presumption of undue influence shifts the burden of proof in a transaction involving a fiduciary or confidential relationship. Whether it applies turns on the relationship and the facts.

Whether any ground applies, and how it would be proved, turns on the governing instrument, applicable Florida law, and the facts.

No-contest clauses and other factors that may affect timing

Some wills include a clause that tries to penalize a person for contesting the will. Whether such a clause can be enforced depends on its wording and applicable law.

A will contest cannot start early. Under § 732.518, an action to contest a will may not be commenced before the death of the person who made it, called the testator.

Revocation of probate is a separate proceeding. Under § 733.109(1), it must be brought in the court with jurisdiction over the administration. An interested person may start it before final discharge of the personal representative, unless barred under § 733.212.

Under § 733.109(2), no distribution may be made in contravention of the rights of those who would otherwise be entitled to the property.

Because these tools have different timing rules, identify which one applies to your situation. The answer turns on the governing instrument, applicable law, and the facts of each case.

Related questions readers often ask

The short answers below depend on the will, applicable Florida law, and the facts of each case.

Why the timing needs a closer look in your situation

You may be handling a parent’s estate, or you may have opened an unexpected notice while still grieving. In that position, the dates in your own file matter most. Asking whether there is a time limit to contest a will in Florida is a reasonable first question.

Gather these items before you speak with a lawyer:

1. The notice of administration and the date it was served on you.
2. How and when the notice arrived, including any proof of delivery.
3. The estate’s case number, the court, and the county.
4. Any caveat, revocation petition, or other filing in the court record.
5. Where the decedent was domiciled, and whether the will has been admitted to probate.

Leslie V. Marenco is the lawyer responsible for this page. The firm’s only office is in Coral Gables. Leslie V. Marenco may advise or represent clients, subject to the governing instrument and applicable law.

If a notice of administration has arrived and you’re unsure whether the window is still open, bring those dates to a free first consultation at Trust Counsel’s Coral Gables office. It is confidential and carries no obligation to continue. Call (305) 707-7126 or schedule online.