TIME PERIOD FOR FILING AN OBJECTION TO A WILL

Do you know of a will in South Florida that is being administered and want to object to the validity of that will, someone’s appointment as personal representative or the jurisdiction of the probate court? If so, then you must move quickly to object on these issues.

The Florida Statutes state that once you are served with a notice of administration, you have only 3 months to file any objection on such issues. Therefore, it is critical that you file your objection with the court prior to the expiration of 3 months.

The three month time period begins when you are served with notice of administration. Service of notice generally means any reasonable informal method of receiving the notice of administration. If an individual is represented by an attorney, then serving notice on an attorney would be sufficient as well. Generally, you will only get served with this notice if you are the decedent’s surviving spouse or beneficiaries.

Take for example a situation where an individual from Fort Lauderdale passes away in June. His son, a resident of West Palm Beach, was served with notice of the estate administration on July 15 by the personal representative. The son has until October 15th to file an objection with the court challenging the validity of his father’s will, the appointed personal representative, the jurisdiction of the court, or any combination of these issues.

If you or someone you know in the West Palm, Broward, or Miami-Dade area has been served with a notice of administration and wishes to file an objection regarding it, the probate litigation team at Chepenik Trushin will help you obtain the proper legal relief. Please feel free to contact us for an initial first consultation.