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How Do I Challenge the Will in Florida Probate ?

Uncategorized Jul 22, 2014
post about How Do I Challenge the Will in Florida Probate ?

Interested in filing a will challenge in Florida probate?  Do you know what is required? Are you all set and ready to go? Welcome to the world of probate litigation. Get ready.

Will Challenges in Florida Probate

  • Filing a will challenge in Palm Beach probate means different things to different people
  • Most Palm Beach probate lawyers will tell you that a will challenge is often described by others as a Will Contest or a Challenge to the Probate or a Will Challenge
  • These terms pretty much mean the same thing: you are objecting to the Florida will that is on file with the Probate Court

How Do I File a Will Challenge in Florida Probate?

  • What you are asking is How Do I Challenge the Will ?
  • Well, you need to get in the probate litigation game
  • File an Answer to the Petition for Administration
  • You may also want to file a Counter Petition of your own, seeking relief from the Probate Court
  • You can ask the Probate Court to issue rulings or make findings of fact, such as that the will that is on file is NOT valid based upon undue influence
  • You should also file your written formal OBJECTIONS to the probate and the will….more focussed, this has been described by Florida estate lawyers as filing your Objections to the Notice of Administration
  • But make sure that you do it within the required time frame, which can be VERY SHORT, like days or months, depending on what was filed, when y ou received notice, and when
  • And understand that a Petition for Administration in the probate world is different than a Notice of Administration
  • To read more about it, go online and google Florida Probate Code or Florida Statutes.  Read Chapter 733 of the Florida Probate Code
  • Zero in on Probate Code section 733.212.