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Contesting a Will in Florida:90 Day Statute of Limitation

Uncategorized • Aug 23, 2016
post about Contesting a Will in Florida:90 Day Statute of Limitation

Do you know what a statute of limitations is? Florida Courts, including the probate Courts in West Palm Beach do not reward you for sitting on your rights. Therefore,you have to act quickly to secure your rights. Usually a statute will give someone years to act, but did you know that, if you plan to contest a will, you may have as little as three months (90 days) to file an action in probate court?

Statutes of Limitations in Florida Probate Litigation

  • Probate attorneys West Palm Beach know that all causes of action are subject to some form of a time limitation.
  • In most cases, there will be an actual “statute” that identifies a time limit.
  • What else can prohibit you from bringing a probate action?
  • The equitable doctrine of laches may also prohibit you from bringing your action.One statute of limitations you really need to look out for is the Florida Will Contest limitations period, which is a mere 90 days after you are served with a notice of administration.
  • What is a notice of administration?
  • Trust and estates litigators Boca Raton know that this is a piece of paper served on you by the court to notify you that a will you are interested in (as in you’re an interested party) is being probated.
  • After you are served with notice, how long do you have to file a will contest?
  • Only 90 days!
  • Are you prepared to act within that time period?
  • How do you contest a Florida will?
  • Should you consult with an experienced Palm Beach probate litigator?
  • Do not end up losing on default because you failed to act within a reasonable amount of time.
  • Seek assistance from a local and trustworthy trust and estates trial attorney if you wish to contest a will in Florida.

Florida Statute 733.212

Regarding the 90 day time limitation to contest a will, the statute states :

“(3)Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, 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 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by this subsection, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.”

To read the entire statue regarding the 90 day statute of limitation to contest a Florida will, click here.

Want to know more about Florida probate litigation? Consider these free resources: