In Florida Probate when is the deadline to object to the Will or Personal Representative?
Three months from service of the Notice of Administration.
A Florida personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative:
(a) The decedent’s surviving spouse;
(b) Beneficiaries;
(c) The trustee of any trust described in s. 733.707(3) and each qualified beneficiary of the trust as defined in s. 736.0103(14), if each trustee is also a personal representative of the estate; and
(d) Persons who may be entitled to exempt property
F.S. 733.212 (1)
Florida Statutes Section 733.212(3) states:
Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the qualifications of the personal representative, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred.
In a recent Florida case, decedent’s mother filed an objection to the appointment of a foreign Personal Representative alleging that the non-resident, non-family member was not qualified. The court disallowed the objection as time barred. In ruling against the mother, the court relied on F.S. 733.212(3) which bars untimely objections to qualifications of personal representative except where fraud, misrepresentation or misconduct is not apparent on the face of the petition for administration or discovered within the three-month limitation period. Hill v. Davis, 36 Fla. L. Weekly S487 (Fla. 2011)
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