In Florida, is there a time limit to challenging the validity of a will for undue influence or lack of capacity?

Yes, there is a time limit, and it is very short. A person bringing a will contest or challenging the validity of a will in Florida for undue influence or for lack of mental capacity must do so in three months, although there are exceptions that can extend the time.

Florida has a strong public policy for encouraging estates to be administered quickly, so that the beneficiaries can receive their inheritance. With that in mind, the Florida legislature has placed a strict timeline on when a person must challenge the validity of a will.

Generally, the time begins to run from the date a person receives a document called a “Notice of Administration.” Usually the Notice of Administration is served on the decedent’s surviving spouse, beneficiaries, a trustee if there is a trust, and people who may be entitled to Florida’s exempt property.

Florida Statutes Section 733.212(3) expressly states that a will contest must be brought

(3) Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by this subsection, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.

 § 733.212, Fla. Stat. (link to the complete Florida Statute)

Unfortunately, this three-month time limit cannot be extended unless there is fraud, misrepresentation, or misconduct. Shuck v. Smalls, 101 So. 3d 924, 925 (Fla. 4th DCA 2012) (finding petition to revoke will from probate was time barred because it was not filed within three months).

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PersanteZuroweste brings, and defends, actions contesting estate planning instruments. If you believe that you may need legal assistance regarding a Florida probate litigation matter, please contact us at (727) 796-7666.

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