Will Contest Deadline in Florida
In Florida, a person served with the notice of administration must object to the will within 3 months after service, and no-contest clauses in wills are unenforceable.
Last checked . General information, not legal advice.
Florida at a glance
- Deadline to contest
- 3 months
- All objections are barred no later than the earlier of the order of final discharge or 1 year after service of the notice.
- Clock starts
- Service of the notice of administration
- Runs from service of the notice on the person objecting.
- No-contest clauses enforced
- No, not enforceable
The rules in Florida
How long do you have to contest a will in Florida?
Deadline to contest in Florida: 3 months. All objections are barred no later than the earlier of the order of final discharge or 1 year after service of the notice.
When does the deadline to contest a will start in Florida?
Clock starts in Florida: Service of the notice of administration. Runs from service of the notice on the person objecting.
Are no-contest clauses in wills enforceable in Florida?
No, not enforceable. No-contest clauses enforced in Florida: no, not enforceable.
Where do the Florida will contest deadlines come from?
The rules above come from Fla. Stat. 733.212 and Fla. Stat. 732.517. Each source is linked on this page. We last checked them in October 2026.
Good to know
The 3-month period can only be extended for estoppel based on a misstatement by the personal representative about the deadline.
What this means in practice
Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.
Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.
A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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