How Long do You Have to Contest a Will in Florida?

In Florida, you have 90 days to contest a will after receiving a Notice of Administration, which is a document that informs the heirs of probate court proceedings. If you receive a Petition for Administration before the will is submitted to probate, you only have 20 days to contest the will. 

The 90-day period is intended to allow the claimant to: Create a legal strategy, Gather the necessary documentation, Hire an attorney, and File a formal lawsuit. 

If you fail to file a challenge within the 90-day period, your claims against the will are permanently barred. However, there are some exceptions to this rule, such as if fraudulent activity prevented you from contesting the will. In this case, you can file a claim even after the will has been probated. 

There are several reasons someone might want to contest a will:

1. Lack of Testamentary Capacity: If the deceased was not of sound mind or lacked the mental capacity to understand the implications of creating a will at the time it was signed, the will can be challenged.
2. Undue Influence: If it can be proven that the deceased was coerced or manipulated into making decisions about their will, beneficiaries may contest it.
3. Improper Execution: Wills must follow specific legal formalities, such as being signed and witnessed according to state laws. If these procedures were not followed, the will may be deemed invalid.
4. Fraud: If the will was created based on fraudulent information or if it was altered without the deceased’s consent, it can be contested.
5. Disagreement with Provisions: Beneficiaries may contest a will if they believe it does not reflect the true intentions of the deceased or if they feel they were unfairly disinherited.

Contesting a will can be a complex legal process, and those considering it often seek legal advice to understand their rights and options.

Ready to make a plan? Reach out to us to schedule a complimentary 15-minute call.