Interested in a will challenge? Get ready, say most probate litigators, for an experience in probate court that can be emotional, even stressful, and costly.
Will Challenges in Florida Probate Courts
- A will challenge is often referred to as a will contest
- This means that you are going to engage in probate litigation
- You are creating, or filing, a probate lawsuit
- You will get a trial in probate court and will be required to present very specific evidence on why the will that is on file in the probate proceeding is not valid
Will Challenges in Florida Are Very Fact Specific
- You can’t just object to the will because you don’t like what it says
- If you have legal standing to object to the Florida will, you need to show the probate judge why the will on file should be set aside
- Undue influence? How did that occur?
- Lack of mental capacity? Where are the medical records?
- Did dad or mom not know what they were doing when they signed the Florida will? Incompetent? Who’s your first witness?
How Long Do I Have to File a Will Challenge
- So, how long do I have to file will challenge in Florida…..?
- Or, put another way, how long do I have to challenge the will?
- Well, as most Palm Beach estate lawyers will tell you “It depends”
- If you received a Notice of Administration, you have 3 months to object to the will.
- Read Florida Probate Code Seciton 733.212 about filing objections to the will that is presented for probate
- But be careful: a Petition for Administraiton is not the same as a Notice of Administration
- A Petition for Administration requires an “Answer” within 20 days
- You may also bring a Counter Petition
- Lesson: don’t wait. The probate laws of Florida don’t help you if you want to file a will challenge but you sit on your rights.
- Failure to exercise your probate rights within the time frame can mean that you lose your rights and your ability to object