The clock for challenging a Florida will usually starts when an interested person is served with a Notice of Administration. Not when the person dies. That distinction matters because a family member can know about a death for weeks or months without receiving the probate notice that triggers the filing deadline.
A general reference to “90 days” can also be misleading. Florida Statutes section 733.212 uses three calendar months after service of the Notice of Administration, which isn’t always the same as counting 90 days. The notice, the method of service, and the date it was served all affect whether a challenge is timely.
At Edwards & Edwards, P.A., our attorneys handle probate and will litigation matters for Jacksonville area families. We can review the probate paperwork, identify the relevant deadline, and walk through the practical considerations involved in a potential challenge.
Which Florida Deadline Applies to Your Will Contest?
Florida will contest deadlines depend on which notice was served and the stage of the probate proceeding. An interested person is someone with a legal interest that may be affected by the estate, such as a person named in an earlier will, a beneficiary, or an heir who could inherit if there were no valid will.
Under Florida Statutes section 733.212, an interested person served with a Notice of Administration generally must object to the validity of a will, the venue, or the probate court’s jurisdiction within three months after service. The Notice of Administration tells recipients that an estate case has been opened and identifies important rights and deadlines. This deadline is tied to service. It doesn’t run from the date of death, the date the will was signed, or the day a relative first learns a newer will exists. Two people connected to the same estate can have different deadlines if they were served on different dates.
Not every dispute begins after a Notice of Administration is served. Before letters of administration are issued, a person may receive formal notice of a petition for administration. Letters of administration are the court authority that allows a personal representative to act for the estate. When formal notice of the petition is served before letters are issued, an objection involving the will’s validity, venue, or jurisdiction may need to be filed within 20 days after service. That shorter track is why no one should assume every Florida will contest follows a three-month timeline.
What Happens If the Deadline Is Missed?
For objections governed by section 733.212, missing the applicable deadline can permanently bar a challenge to the will, venue, or jurisdiction. The statute includes a narrow estoppel exception when a personal representative makes a misstatement about the filing period, but that exception isn’t a backup plan. The statute also contains an outside boundary tied to the earlier of the personal representative’s final discharge or one year after service of the Notice of Administration. That outer limit doesn’t replace the primary three-month deadline.
Different probate rights carry different deadlines:
- Creditor claims: Claims seeking payment from the estate follow their own notice and filing rules.
- Elective share elections: A surviving spouse’s statutory right to claim part of an estate has a separate deadline.
- Exempt property petitions: Requests involving protected household property or other exempt assets involve distinct procedures.
- Trust disputes: A challenge involving a trust may follow different statutes and notice requirements than a will contest.
A deadline for one type of probate issue doesn’t preserve another. A creditor claim, for example, isn’t a substitute for an objection to a will’s validity.
How to Calculate Your Florida Filing Date
Start with the actual document received, not a relative’s recollection of when paperwork arrived. The date printed on a notice matters, but the date and method of service can be equally important when determining the filing period under the Florida Probate Rules. You’ll also need to know whether a petition is still pending, whether letters of administration have issued, and who has received formal notice. Those facts identify the correct procedural route rather than leaving you with a guess based on a calendar date.
Keep these documents together:
- The notice received: Preserve the Notice of Administration, formal notice, and every page enclosed with them.
- Proof of service: Save the envelope, certified mail record, delivery confirmation, email record, waiver, or other evidence showing when service occurred.
- The probate case information: Record the case number, county, assigned court, and any upcoming hearing dates.
- The estate planning documents: Gather the will, every codicil, and any earlier wills that may affect the dispute.
- Potential evidence: Preserve medical information, communications, caregiver records, financial documents, and names of potential witnesses.
A codicil is an amendment to a will. Even a short one can change who inherits, who serves as personal representative, or whether an earlier provision remains effective, so it should be reviewed alongside the complete will.
What a Will Contest Can Actually Challenge
A will contest challenges whether a document should be admitted to probate as a valid will. The facts and available evidence determine whether a particular objection has a viable basis.
Testamentary Capacity
Testamentary capacity means the ability to understand, at the time the will is signed, the general nature of one’s property, the people who would ordinarily inherit, and the effect of making a will. A diagnosis, advanced age, or memory issue alone doesn’t automatically establish a lack of capacity. Medical records from around the signing date, testimony from people who interacted with the person, and information from the drafting attorney can all become important. Those records grow harder to obtain as time passes, particularly if care providers, witnesses, or financial institutions no longer retain them.
Undue Influence
Undue influence occurs when pressure or manipulation overcomes a person’s free choice in making a will. Concern often arises when someone involved in the decedent’s care, finances, or daily life receives a substantial benefit under a new document. Relevant evidence may include communications, changes in access to family members, financial activity, caregiver records, and testimony about how the will was prepared. The timing of a document and the circumstances around its execution can matter as much as the wording of the will itself.
Other Grounds
Fraud, duress, mistake, and defective execution may also provide grounds to oppose probate in appropriate circumstances. Defective execution concerns whether the will was signed and witnessed as Florida law requires. Generally, after the proponent of a will makes the required initial showing that it was properly executed and attested, the person contesting it must establish the grounds for the objection.
Where Jacksonville Residents File & What to Do Next
Jacksonville probate matters are handled through the Duval County Clerk of Courts Probate Department within the local circuit court system, part of Florida’s Fourth Judicial Circuit. Venue depends on the decedent’s domicile and the facts of the estate, so a Jacksonville address alone doesn’t answer every filing question. The clerk’s office manages court filings and records, but it can’t give legal advice or prepare legal documents for a party.
Take these steps promptly:
- Preserve every notice: Keep the original documents and service records in a safe place.
- Confirm the service date: Identify when and how the notice was delivered or waived.
- Locate the probate file: Match the estate name and case number to the pending court proceeding.
- Protect relevant evidence: Avoid deleting messages, discarding documents, or assuming records can be recreated later.
- Request a case-specific review: Have the notice, will, codicils, and available evidence evaluated before the applicable deadline expires.
The most reliable first step is matching the notice you received to the probate file and its service date, not assuming a general three-month rule applies.
If you need help evaluating a potential will challenge in the Jacksonville area, our attorneys at Edwards & Edwards, P.A. are ready to review the circumstances with you. Reach our team at (904) 454-4881.