How to Object to the Will in Florida

There are short time frames in Florida probate court to object to a will. Or to contest the validity of a will. But, what’s the difference between “objecting” and asking questions? A recent Palm Beach appeals court case discusses this issue. (To read about ESTATE OBJECTIONS, click that link.)

How to exercise your rights

If you want to object to a Florida will, you need to get to probate court.

And file a petition.

It might be a petition that objects to the will. (To know what you need to do, click HERE.)

When you object to a will, you are calling into question its validity.

Many times, a will will be set aside if it was caused by undue influence, lack of “mental capacity” or an insane delusion. Those wills can be void.

Get in the game

But how do you exercise your rights? File a petition in the probate court.

What if there is no probate? (Open one !)

Well, how do you know there’s even a valid will?

After all, you are supposed to file a will with the clerk of the county of the residence of the dead person. And not all wills are filed.

Sometimes, people are convinced there is a will, but there is none. In that case, the HEIRS INHERIT IT ALL.

If there’s no probate, open one up. Give notice. File a petition and make your claim.

But……………be careful of the 3 month window.

Are you limited to 3 months?

You may only have 3 months after “notice” to file an objection to the will.

To read more about this, read this part of the Florida Probate Code: 733.212.

But, here are two important questions.

One, did you get notice that starts that clock ticking?

Second, are you objecting to the validity of the will or something else?

If “something else” you have more time. How much more? It depends on a number of factors.

What is “something else?” Well, consider that asking a probate court judge to interpret a will, or “construe” it, is not an objection to validity. To read more about this obscure topic, read this 4th DCA published opinion by clicking here.