A Will is a legal document that states a decedents last wishes and distribution of property and funds. One reason could be that will does not purport to give the party what they want from the estate.
As you can imagine, fake wills are admitted into probate often. Thus, a Florida will contest is a useful tool for seeking justice. However, sometimes a party initiates a fake challenge, so there must be limits to the process of challenging a will. The courts have established a set of rules to keep this checks and balance useful.
Rules & Guidelines
First, a Florida will may fail either partially or entirely. In probate and inheritance matters, just because one portion of a will fails due to a party’s challenge does not necessarily mean that the entire will fails. Think of the chaos if you only had to find a tiny error in the will to make the whole thing tumble down in their favor.
Second, there is a time limit to challenging a will. The probate court prefers efficiency. They want estates closed out as soon as possible, and are reluctant to reopen cases.
Thus, it is imperative that you make a challenge to a will as soon as you learn that it has been admitted to probate. In Florida, an interested person on whom notice is served must file any objection that challenges the will’s validity, qualification of the personal representative, venue, or the court’s jurisdiction on or before the date that is three (3) months after the date of service of the notice of administration.
For example, if a will is admitted to probate on January 1, but you do not receive notice of administration until February 1, you have until May 1 to challenge it. You have three months after the notice of administration to file a challenge to the will’s validity.
