The Clock Is Ticking: What Florida Families Should Know About Will Contest Deadlines

Losing a loved one is hard enough without discovering that something feels off about their will. Maybe a sibling was suddenly written out. Maybe a new version popped up right before the person passed away, and it looks nothing like the one you always heard about. Whatever the situation, if you are thinking about challenging a will in Florida, there is one thing you cannot afford to ignore: time.

Florida probate law does not leave much room for people to sit on their hands. Once the wheels of probate start turning, the window to raise objections closes fast, and once it shuts, it usually shuts for good.

How the Clock Starts Running

When someone opens a probate case in Florida, the personal representative is required to send a notice of administration to anyone who might have a stake in the estate. This notice is not just a courtesy. It is the official starting gun for several important deadlines.

From the moment that notice is served, an interested person generally has a set window to file an objection challenging things like the validity of the will, the court’s jurisdiction, or venue. Miss that window, and those objections may be barred permanently, regardless of how strong the underlying concerns might have been.

Why the Deadline Is So Unforgiving

Florida’s rules on this topic are notably strict compared to many other areas of the law. Courts have generally been reluctant to extend these deadlines, even in situations involving:

• A previously unknown will or codicil surfacing later.
• Confusion about who was actually served with notice.
• Family members living out of state or out of the country.

There are narrow exceptions, but they are just that: narrow. This is part of why acting quickly matters so much once you suspect something is wrong.

What Counts as a Valid Challenge

Not every disagreement with a will rises to the level of a formal contest. Common grounds people raise include concerns about whether the person had the mental capacity to make a will, whether someone exerted undue influence over them, or whether the document was signed and witnessed the way Florida law requires. These are fact-specific questions, and the strength of a challenge often depends on details that are not obvious from the outside looking in.

Reach Out to Our Team

If you believe a will does not reflect what your loved one truly wanted, do not wait to see how things unfold. Florida’s statutory deadlines are governed by Fla. Stat. § 733.212, and this law does not offer much flexibility once time has passed. Reaching out early gives you the best chance of understanding your options while they are still available.

Our firm has spent decades helping Broward County families navigate exactly these kinds of disputes. If you have questions about a will, an estate, or a probate matter that just does not sit right, our Fort Lauderdale will contest attorneys at the office of Edward J. Jennings, P.A. are here to help you sort through it. Reach out to us today for guidance.

Source:

flsenate.gov/Laws/Statutes/2024/733.212