Thinking About Contesting a Florida Trust? Know Your Timeline Before You Act

A trust contest can be barred if you do not start it in time. For a trust that was revocable when the settlor died, the settlor is the person who created the trust. For a breach-of-trust claim about a matter adequately disclosed to you, the deadline is 6 months after you receive the trust disclosure document or a limitation notice that applies to it, whichever is received later, and chapter 95 of the Florida Statutes also applies. This page explains both clocks and what starts them.

The short answer: two clocks for contesting a Florida trust

Section 736.0604 of the Florida Statutes addresses actions to contest the validity of a trust that was revocable at the settlor’s death (§ 736.0604). It bars a contest of a trust that was revocable at the settlor’s death if the contest is not commenced within the earlier of the periods it sets out. The first period is the time under chapter 95, Florida’s limitations statutes. The second is six months after the trustee sent you a copy of the trust instrument and a notice. That notice must tell you the trust exists, give the trustee’s name and address, and state the time you have to start a case.

The earlier date controls. The exact deadline depends on the facts of the trust and the notice. Our trust litigation attorney page covers the wider process.

What starts the six-month clock: the trustee’s notice

The six-month period runs from the day the trustee sent the copy and notice. The statute measures from sending, not from the day you open the envelope. Keep the envelope, the email, or any cover letter. Write down the date you received the materials, and save any proof of delivery.

Florida also requires trustees to give their own notices. Under § 736.0813, within 60 days after the trustee learns that an irrevocable trust exists, the trustee must notify qualified beneficiaries. For a formerly revocable trust that became irrevocable after the code’s effective date, the same duty applies, because the notice requirement does not apply to a revocable trust that became irrevocable before the effective date of this code. That notice covers the trust’s existence, the settlor’s identity, your right to request a copy of the trust instrument, your right to accountings under this section, and that the fiduciary lawyer-client privilege in s. 90.5021 applies with respect to the trustee and any attorney employed by the trustee.

Do not assume one letter satisfies the other. Check each letter against both statutes so you know what you received and when.

Deadlines for contesting a revocable trust after the settlor’s death

A contest of a revocable trust cannot start while the trust stays revocable. Under § 736.0207, the action may not be commenced until the trust becomes irrevocable by its terms or by the settlor’s death. The statute also says it does not bar action by the guardian of the property of an incapacitated settlor.

Here is a simple timeline with no outcome attached. Suppose a parent dies in March, which makes the trust irrevocable. In June, the trustee mails a copy of the trust and a required notice. The six-month period runs from that June mailing. The chapter 95 period also applies. Whichever ends first controls.

Do not wait for a letter before you act.

Will contests run on a different schedule

A will contest runs on its own clock. Under § 733.212, an interested person served with a notice of administration must file objections to the will’s validity, venue, or the court’s jurisdiction within 3 months after service. The 3-month period can be extended only for estoppel based on a personal representative’s misstatement of the deadline. Objections must also be filed no later than the earlier of the personal representative’s final discharge or 1 year after service. Fla. Stat. § 733.212 reads: “(d) That persons who may be entitled to exempt property under s. 732.402 will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property.”

The mix-up is common because families often face both documents. A will may leave assets to a trust, so one estate can have both. Our trust contest versus will contest page compares the two proceedings side by side.

Grounds for a challenge do not change the deadline

The grounds you raise decide what you must prove. Timing decides whether you can still prove it. Under § 736.0406, if the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void. The rest of the trust stays valid if it is not invalid for other reasons.

Under § 736.0601, the capacity needed to create or amend a revocable trust is the same as the capacity needed to make a will. Under § 736.0207, the person contesting the trust carries the burden of establishing the grounds for invalidity.

Some trusts include a no-contest clause. Under § 736.1108, a provision that penalizes an interested person for contesting the trust is unenforceable. That rule applies to trusts created on or after October 1, 1993; a revocable trust is treated as created when the right of revocation terminates. For how these clauses come up, see our no-contest clause page.

What to do while the deadline is running

Start gathering records now. Collect the complete trust, every amendment, the trustee’s notice, and the envelope or email that carried them. Write down the date you received each item.

Ask for what you are owed. Under § 736.0813, the trustee must provide a complete copy of the trust instrument on reasonable request. Make the request in writing and keep a copy.

If your concern is how the trustee handled money, a different clock may apply. Under § 736.1008, a beneficiary’s claim about a matter adequately disclosed in a trust disclosure document is barred unless a proceeding starts within 6 months after receipt of that document or a limitation notice, whichever is received later. Under s. 736.08135, a trust accounting must be a reasonably understandable report, from the last accounting or from when the trustee became accountable, that adequately discloses the information required by s. 736.08135(2).

Missed deadlines can end a claim. Mark the earliest possible date on your calendar, and treat it as the working deadline until a lawyer confirms the exact date.

Talk with a Coral Gables trusts and estates attorney before the window closes

If a parent or relative has died, or a trustee’s letter has just arrived, the timing can feel overwhelming. You may not know whether a challenge is even possible. That is a normal place to be, especially when you are reading statutes for the first time.

The decision in front of you is concrete. You need to decide whether to file within the deadline, and you need the right papers for that conversation. Bring the trust, any amendments, the trustee’s notice with its date, and a short timeline of the settlor’s health and signing.

Leslie V. Marenco is the responsible lawyer for this page. Our only office is in Coral Gables. To talk through how long to contest a trust in Florida applies to your situation, call (305) 707-7126 or schedule online. The initial consultation is free, confidential, and without obligation to continue.

Frequently Asked Questions