What is a Notice of Administration in Florida Probate?

When a probate is filed in Florida, often a Notice of Administration will be served on interested parties (such as a spouse, beneficiaries, Trustee, etc.). Receipt of this Notice is very important to the rights of the person receiving it. In particular, the Notice can trigger certain deadlines which if missed, will prevent the person from enforcing their rights.

Florida Statutes Section 733.212 sets forth certain timeframes which are triggered by service of the the Notice of Administration. For example, any interested person on whom a copy of the Notice is served who challenges the validity of the will or any codicils, qualification of the Personal Representative, venue, or jurisdiction of the Court is required to file any objection with the Court in the manner provided in the Florida Probate Rules WITHIN THE TIME REQUIRED BY LAW, which is on or before the date that is three months after the date of service of a copy of the Notice of Administration on that person, or those objections are forever barred. So if a person wishes to challenge a Will, receipt of the Notice triggers a timeframe in which this must be done.

Addiitonal time deadlines triggered by the Notice include a) four months after the date of service of a copy of the Notice the recipient must assert a claim for exempt property; and b) six months after the date of service of a copy of the Notice, the surviving spouse must assert their spousal elective share.

Because missing these deadlines can greatly impact one's rights, a person receiving a Notice of Administration should immediately consult a knowledgeable Florida probate attorney.  

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