What Is The Deadline To Contest A Will In The State Of Florida?

Do you need to contest a will? Are you wondering what the deadline is and how the process works? Read on to learn what you need to know about challenging a will in the State of Florida and how the Probate Lawyers at Jurado & Farshchian, P.L., can help you.

Why Contest a Will?

You probably did not know this, but an astounding 55% of adults in the United States do not have a will or any other type of estate planning document in place. While estate planning certainly makes matters easier for your loved ones after you pass away, problems can arise even if you do make a will. There are many reasons why someone may want to contest a will in the State of Florida. Some of these reasons include:

• Undue influence,
• Lack of testamentary capacity,
• Absence of the required number of witnesses,
• Fraud, and
• Discovery of a later will.

How and When Does One Contest a Will?

When you realize there is an issue with a will, what do you do? How much time do you have to challenge the will? These questions are essential factors to consider. Legal actions typically have a statute of limitations. This statute is a “time frame set by legislation where affected parties need to take action to enforce rights or seek redress after injury or damage.”

In the State of Florida, the time limitation to contest a decedent’s will is statutory. Although Florida allows years to pass on claims before barring actions with a statute of limitations, the state only gives three (3) months for someone to contest a will. Florida Statute §733.212 outlines the process and deadlines for the filing of objections to a will, stating:

“Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the qualifications of the personal representative, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is three months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred.”

As you can see, once the court serves you with notice of the will’s administration, the clock on objections starts ticking. A notice of will administration is simply a piece of paper the court serves to notify all interested persons that the will is going through Florida probate. The term “interested person” refers to anyone who may reasonably expect to be affected by the outcome of the administration of the will. The general rule is that if more than three (3) months go by, and no one files an objection to a will, all objections are forever barred. Anyone who has a grievance on the will thereafter is simply out of luck. The only exception the Florida Legislature will allow for this strict time limit is if there is a misstatement by a personal representative regarding the deadline to contest the will.

Do you need to contest a will? Do not let time run out! Those who are interested in learning more about the statute of limitations on contesting wills should not hesitate to contact the experienced Florida Probate Lawyers at Jurado & Farshchian, P.L. At our firm, we are ready, willing, and able to assist you with your estate planning and probate needs. Get in touch with us today! Call us at (305) 921-0440 or send us an email to [email protected] to schedule an initial consultation with one of our experts.