Do Not Sleep on Your Rights- Florida Has a 90 Day Statute of Limitations on Will Contests. Do You Have a Case?

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. Furthermore sometimes you cannot undue things that are done. For that reason 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? Protect your rights, learn how.

Statutes of Limitations

• All causes of action are subject to some form of a time limitation.
• In most cases there will be an actual “statute” on point that identifies a time limit.
• If there is no statute on point the equitable doctrine of laches may also prohibit you from bringing your action.
• In other words the court will look at the totality of the circumstances and say you waited too long and slept on your rights.
• No one wants that, except your defendants so act quickly.
• How can you know the statute of limitations?
• More importantly, why are you waiting around to find out?
• Secure your rights and file an action before it is too late assuming you have good grounds to do so.
• Don’t know if you have a good case?
• Ask an experienced Palm Beach probate litigator for a consultation, often times they are free!
• 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?
• This is just 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.

90 Days to Act

• After you are served with that notice time is ticking.
• How long do you have to file a will contest?
• Only 90 days!
• Are you prepared to act within that time period?
• Do you even know how you are going to contest the will?
• Experienced Palm Beach probate litigators know that sometimes its too little, too late.
• Do not end up losing on default because you failed to act within a reasonable amount of time.

Want to learn more?

Check out our FAQ video library for more on the will contest statute of limitations and more!