Objecting to a Petition for Administration in Florida

An objection to petition for administration in Florida is a court filing that challenges the validity of the will, the venue, or the jurisdiction of the court. If you were served with a notice of administration, timing matters. Some objections must be filed within 3 months of service, and a missed deadline can bar them for good.

What an objection to a petition for administration is

A petition for administration asks the probate court to open an estate and appoint a personal representative, the person who manages the estate. An objection is your written challenge to that request or to the case itself. Florida defines an interested person as anyone who may reasonably be expected to be affected by the outcome. That can include heirs, devisees (people named in a will), beneficiaries and a surviving spouse.

An objection is different from a will contest or a trust dispute. A will contest asks whether a document is valid. A trust dispute asks how a trust should be run or what a trustee owes. An objection to appointment can ask who should serve, and under § 733.212 it can also challenge the validity of the will. Start by identifying exactly what you want to challenge.

Who has priority to serve under Florida law

Priority is set by Florida Statutes § 733.301. When there is a will, the order is:

• The personal representative named in the will, or a successor named under a power in the will.
• A person selected by a majority in interest of those entitled to the estate.
• A devisee under the will.

Without a will, the order is the surviving spouse, then a person chosen by a majority in interest of the heirs, then the heir nearest in degree.

Priority does not end the question. In granting letters of administration, the following order of preference shall be observed under Florida Statutes § 733.301, but a person with priority can still be found not qualified under § 733.303. Under § 733.303, a person cannot serve if convicted of a felony, convicted of abuse, neglect or exploitation of an elderly person or disabled adult, mentally or physically unable to perform the duties, or under 18. If the named person is not qualified, letters are granted by the order of preference.

Notice of administration and the objection deadline

The personal representative must promptly serve a notice of administration on known persons. Under § 733.212, an interested person served with the notice must file any objection to the will’s validity, the venue or the court’s jurisdiction within 3 months after service. Otherwise, those objections are forever barred.

The 3-month period can be extended only for estoppel based on a misstatement by the personal representative about the deadline. It cannot be extended for other reasons, such as failure to disclose information. Unless sooner barred, the final cutoff is the earlier of the order of final discharge or 1 year after service.

Count from the date you were served, not the date you first heard about the case. Florida Probate Rule 5.240 requires the notice to state this 3-month requirement. Write the deadline on your calendar the day the notice arrives.

Grounds a court considers

Courts look for specific facts that tie to a legal ground. Common grounds include:

• Qualifications. Under § 733.303, a person is not qualified to act as a personal representative if the person has been convicted of a felony, has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult (as those terms are defined in s. 825.101), is mentally or physically unable to perform the duties, or is under the age of 18 years.
• Venue. Probate venue is the Florida county where the decedent was domiciled. If the decedent had no Florida domicile, venue is where the property is located. A case filed in the wrong county can be transferred (§ 733.101).
• Conflicts of interest. After appointment, a personal representative can be removed for holding adverse interests against the estate that may interfere with administration of the estate as a whole (§ 733.504). This cause of removal does not apply to a surviving spouse who exercises the right to the elective share, family allowance, or exemptions.
• Bond. Under § 733.402, a fiduciary must generally file a bond unless the will or the court waives it; under § 733.504, failure to give bond is a cause for removal. Any interested person can ask the court to waive, require or change the bond (§ 733.402).

Match the evidence to the ground. For qualifications, use court records and sworn statements. For conflicts, use contracts, bank records and written messages. For venue, use records that show where the decedent lived.

Next steps after you file an objection

The court then decides the issues, often at a hearing.

If letters were already granted and a person entitled to preference, who has not waived it, was not served formal notice and seeks the appointment, the letters may be revoked and that person may have letters granted after formal notice and a hearing (§ 733.301).

How the process works and what to expect

1. Review the papers. Read the notice, the petition, and the will or trust. Note the service date and the 3-month deadline.
2. Gather records. Collect the documents that support or challenge each ground.
3. Identify witnesses. Find people with direct knowledge of the facts.
4. File in time. Prepare a written objection and file it within the statutory window.
5. Serve and appear. Serve the objection on the other parties, then attend the hearing and answer the court’s questions.
6. Follow the ruling. Comply with the court’s order and any later steps, such as accountings.

Timing depends on the court’s calendar and the issues in your case. The steps stay the same even when the schedule changes.

Why Trust Counsel for objections and fiduciary matters

Trust Counsel, PL is a trusts and estates law firm. Its only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne and Aventura.

The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. A dispute can be viewed from more than one side of the fiduciary relationship.

Leslie V. Marenco is the responsible lawyer for this page. Tanya Vega is also a lawyer at the firm. The firm focuses on probate litigation, trust litigation, trust administration, estate tax planning, business succession planning, asset protection, guardianship and estate planning.

Frequently asked questions

Talk with a Coral Gables trust litigation attorney about your objection

If you received a notice of administration and want to challenge who will run the estate, don’t wait to sort out the deadline. Call (305) 707-7126 or schedule online for a free first consultation. The consultation is confidential and carries no obligation to continue.