By Seton T. Hengesbach, Esq.

Failure to act quickly can prevent you from challenging a will that was procured by undue influence or is otherwise invalid. In many cases, you only have three months to file a will contest.

Florida Statute Section 733.212 provides a time limitation of three months to challenge the will once you have been served with a Notice of Administration. This notice is served on interested parties informing them that a proceeding has been filed. Once served, the clock begins to run on the three month period. If you do not contest the will within that time period, you claim is barred.

In some cases however, there may be no probate or you may not be served with a notice of administration. In either case, do not wait. It is imperative that you engage a probate litigation firm to assert your rights in challenging the will. If you have questions on challenging a will, contact me at