Filing a Caveat in Florida Probate: What to Know Before You File

What a Caveat Is and Who Files One

A caveat is a written notice filed with the probate court. It asks the court to notify the filer before it admits a will or names a personal representative. Under Fla. Stat. § 731.110, any interested person who is apprehensive that an estate will be administered, or that a will may be admitted to probate, without their knowledge can file one.

Section 731.110 refers to ‘any interested person,’ without listing specific categories of people. A creditor may also file, but only after the person has died. Other interested persons may file before or after death.

A caveat is a notice tool, not a full will contest. It gives you a voice in the process. It does not decide whether the will is valid.

What a Caveat Does and Does Not Do

A caveat’s main effect is simple. Once an interested person other than a creditor files one, the court may not admit the will or appoint a personal representative until formal notice of the petition has been served on the caveator or the caveator’s designated agent. The caveator also gets a chance to take part in those proceedings.

A caveat does not void a will. It does not prove the will is invalid. Under Section 731.110(3), if the caveat was filed by an interested person other than a creditor, the court may not admit the will or appoint a personal representative until formal notice of the petition for administration has been served on the caveator or the caveator’s designated agent and the caveator has had the opportunity to participate in proceedings on the petition, as provided by the Florida Probate Rules.

The real challenge comes through a separate filing. An action to contest a will also cannot begin before the person dies, under Fla. Stat. § 732.518. So a caveat protects your notice rights now, while the contest itself waits.

When to File a Caveat Before Probate Begins

A caveat matters most before letters are issued. Letters of administration are the court’s order that lets a personal representative act for the estate. If no order has been entered yet, a caveat lets you ask to be notified.

Watch for warning signs. You might learn that a will has been filed with the court or that someone plans to petition for administration. Under Fla. Stat. § 733.202, any interested person may petition for administration.

Timing has limits. A caveat filed before death expires 2 years after filing, under § 731.110. Once a notice of administration is served, a separate clock starts. Under Fla. Stat. § 733.212, an objection to the will’s validity, venue or jurisdiction must be filed on or before the date that is 3 months after service of the notice of administration, unless sooner barred, and 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. Missed objections are forever barred. The period can be extended only for estoppel based on a personal representative’s misstatement about the deadline.

How to File a Caveat Step by Step

Step 1: Pick the right court. Confirm where the person lived and which county’s probate court will handle the estate.

Write the required contents. Under Fla. Prob. R. 5.260(b), the caveat must contain the name of the person for whom the estate will be, or is being, administered. Add the last 4 digits of that person’s Social Security number or year of birth, if known. Also state your interest in the estate and your name and specific mailing address.

Handle service if you live out of state. Under Fla. Prob. R. 5.260(c), if the caveator is not a resident of Florida, the caveator must file a designation of the name and specific mailing address and residence address of a resident in the county where the caveat is filed as the caveator’s agent for service of notice. If the caveator is represented by an attorney admitted to practice in Florida who signs the caveat, designating a resident agent is not necessary. That agent is not needed if a Florida-admitted attorney signs the caveat, under Fla. Prob. R. 5.260(c).

Next: Sign and file. File the signed caveat with the clerk of the court in the right county. Keep a copy and proof of filing.

Watch the case. Under Fla. Prob. R. 5.260(d), if at the time of the filing of any caveat the decedent’s will has been admitted to probate or letters of administration have been issued, the clerk must promptly notify the caveator in writing of the date of issuance of letters and the names and addresses of the personal representative and the personal representative’s attorney. That notice names the personal representative and the personal representative’s attorney, under Rule 5.260(d). Calendar every deadline as soon as notice arrives.

A small error in the form or the notice address can cause delays. It’s worth having our attorneys review the filing before it goes in.

What Happens After a Caveat Is Filed

The petitioner may serve formal notice of the petition for administration on you, and once you are served before letters issue, you may not later challenge the will’s validity, testacy, venue, or the court’s jurisdiction except in proceedings before letters issue. That notice starts the sequence that matters most. A petitioner may serve formal notice of the petition for administration on interested persons. Under § 733.2123, a person who is served with such notice before the issuance of letters 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 the proceedings before issuance of letters.

Timing before letters works differently. Under Fla. Stat. § 733.2123, someone served with formal notice before letters issue, or who waived notice, may not challenge the validity of the will, testacy of the decedent, venue, or jurisdiction of the court, except in proceedings before letters issue. If you’re served early, you need to act early.

If the will is contested, the burden shifts in stages. Under Fla. Stat. § 733.107(1), the will’s proponent must first establish its formal execution and attestation. After that, you must establish the grounds for opposing probate.

That makes the caveat’s notice step especially important. If the dispute continues, the next step is a formal objection or petition in the probate case.

Why Work With Trust Counsel, PL on a Will Contest

Trust Counsel, PL focuses on probate and trust litigation for beneficiaries, heirs and fiduciaries. Our only office is in Coral Gables, Florida. Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also one of the firm’s lawyers.

The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. Trust Counsel’s work in this area is the notice step, any objection and, if needed, a probate litigation attorney matter.

Frequently Asked Questions About Caveat Florida Probate

What does filing a caveat do?

Talk to Leslie V. Marenco About Your Caveat Question

If a will has surfaced and a petition for administration may be on its way, timing can matter quickly. Schedule online or call (305) 707-7126 to book a free first consultation with Leslie V. Marenco at our Coral Gables office. The consultation is confidential and carries no obligation to continue.