If you are thinking about objecting to a Florida will that has been filed with the Probate Court, don’t delay.
Objecting to the Florida Probate
- If you believe that a Florida will which has been filed with the Probate Court is not valid, you have rights, if you have Legal Standing
- Often times, estate beneficiaries, or those heirs or family members who have been “cut-out” , or dis-inherited, file a will contest
- Often referred to as a “will challenge“, what you are doing is filing a probate lawsuit which objects to the will that has been filed
- Put another way, you are objecting to the Florida probate, objecting to the will
- More formally, you need to file formal, written objections to the Notice of (Probate or Estate) Administration & file an Answer and Counter Petition to any Petition for Administration
- If you don’t file a will contest within the required time frame, you can be shut down and shut out.
- Remember: Florida Probate Law does not reward those who don’t take action.
- The statutes of limitations can prevent you from exercising your rights in the future, if you don’t object to probate within the mandatory time frame.
Filing a Will Contest or Challenging a Florida Will
- If you start receiving notices in the mail from the Palm Beach estate, don’t throw that stuff aside
- Read it !
- Buried in the middle of all that probate mumbo jumbo and legalese are notices & very short statutes of limitations to challenge the will
- Read Florida Probate Code Chapter 733 to learn more about contesting a will or filing a will challenge. It’s free and online.
How Long Do I Have to Object to Probate or a Florida Will?
- Florida Probate Code Section 733.212 says that you must object to the will within 3 months after the date that you are “served” with a copy of the Notice of Administration
- The Notice of Administration is a formal, probate court-filed document which you will receive in the mail with a “green card” signifying a return receipt of that Notice was requested — to get your probate clock moving
- But be careful ! If you receive a Petition for Administration, which is different than a Notice of Administration, you should answer the Petition within 20 days.