Family members may live their entire lives planning for—even depending on—an inheritance from a relative. However, many discover after the relative's passing that the terms of their loved one's last will and testament are not what they expected. If you believe your inheritance rights have been violated, you need to act quickly in order to bring your claim to court.
Time Limits on Challenging a Will in Florida
Although everyone has the right to distribute their property to heirs as they see fit, you may challenge a will if you have reason to believe that it was not made in accordance with the law. Just as there are a limited number of legal reasons to contest a will in Florida, there are also strict deadlines for filing a will contest.
In order to challenge the will, you must:
- Meet the filing deadline. Florida law mandates a strict filing deadline for will contests. Any interested person must file a formal lawsuit contesting the will within 90 days after the filing of the Notice of Administration—the document filed by the estate's personal representative notifying the decedent's heirs of probate court proceedings. If you received a Petition for Administration by formal notice, you only have 20 days to contest the will.
- Have legal standing to bring a claim. Only certain people are allowed to contest a person's will in Florida. Our attorneys can tell you if you meet the requirements for legal grounds and standing.
- Have proper evidence to prove your claim. In order to prevail in your case, you will need to collect supporting documentation, testimony, and other evidence to convince the probate court of your right to inherit.
The estate litigation attorneys at DeLoach, Hofstra & Cavonis are standing by to discuss your legal concerns and help you fight for what you deserve. Simply fill out the quick contact form on this page to set up a consultation and get answers to your questions.