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In Florida, is there a deadline to object to the validity of a Will?

| Nov 14, 2013 | Probate |

In Florida, a person has three months after receiving the Notice of Administration within which to object to a Last Will and Testament.

In Florida, a Will can be challenged only after the death of the Testator or Tesatrix (the person who signs the Will). After a Personal Representative for the Estate has been appointed by the Probate Court, one of the Personal Representative’s first duties is to provide Notice of Administration. The Notice of Administration states that the decedent of the estate has died, that a probate of the estate has been opened, the name of the county in which the probate is being conducted and that any objections must be filed within 3 months of service of the Notice. The Personal Representative must serve a copy of the Notice of Administration on the decedent’s surviving spouse, all beneficiaries of the Will, and all heirs known to the Personal Representative. A person on whom notice has been served has three months after the date of service to object to any of the following:

  • – The Will’s validity;
  • – Qualifications of the Personal Representative;
  • – Venue; or
  • – The Court’s jurisdiction over the probate estate.

Failure to file an objection within the three month timeframe will result in that individual’s objections being forever barred unless the Court grants an extension based on good cause shown.

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