That Family Feud On TV Has Nothing On A Contested Will
You have watched the game show where families guess survey answers and squeal when they get it right. Real families do not squeal when the subject is who gets Mom’s house. A will admitted to probate can bring old sibling rivalries roaring back to life faster than any holiday dinner, and Florida law gives disappointed relatives a narrow window to formally object before the estate moves forward. If you suspect a will does not reflect your loved one’s true wishes, or if you have just been served notice that an estate is opening and something about it does not sit right, contact an Orlando probate lawyer promptly, because in Florida, promptly is not optional.
The Clock Starts the Moment You Are Served
Once a personal representative is appointed, Florida law requires that person to serve a notice of administration on everyone with a stake in the estate. From the date you receive that notice, the clock starts ticking, and it ticks fast. Under Florida law, any objection to the validity of the will, to the venue, or to the court’s jurisdiction must be filed within three months of service, and missing that window means the objection is forever barred. There is exactly one narrow exception, involving a misstatement by the personal representative about the deadline itself, and courts do not go looking for reasons to stretch the rule further than that.
Why Families End Up Here
Wills get contested for reasons that will sound familiar to anyone who has sat through an estate dispute. A new will surfaces shortly before death that looks nothing like the one everyone knew about for twenty years. A caregiver who was practically a stranger a year earlier suddenly inherits the house. Signatures look shaky, or the witnesses cannot quite remember the day they signed. Florida law recognizes several grounds for challenging a will, including lack of testamentary capacity, undue influence, fraud, and improper execution, but proving any of them takes evidence, timing, and a clear-eyed read of the paperwork.
Do Not Wait to See How You Feel About It
It is tempting to let a few weeks pass while everyone processes their grief before anyone brings up a legal challenge. Given how short the statutory window actually is, that instinct can cost you your right to object entirely. If something about a will feels off, the smart move is to have an Orlando probate litigation attorney review the notice of administration and the will itself right away, not after the deadline has quietly closed.
Contact Our Team About Contesting a Will
Family Feud has a buzzer and a studio audience. A real probate dispute has a filing deadline, and it does not care how complicated your family history is. Gierach and Gierach, P.A. has represented Central Florida families and personal representatives in probate litigation for decades, and our Orlando probate litigation attorneys can tell you quickly whether you have grounds to object and how much time you actually have left. Contact our office today.
Source:
flsenate.gov/Laws/Statutes/2024/733.212
