What Happens if You Don’t Object to a Will in Time in Florida?
When a loved one passes away, it can be a very emotional time. At the same time, you have to deal with probate proceedings. You might review a will and notice that something is off, or even learn that there is a newer version that tells a very different story. In Florida, timing matters when it comes to contesting a will. If you don’t object within the required timeframe, you may lose the ability to challenge the will, even if your concerns are valid.
Why Timing Is Critical in Florida Probate
Florida probate courts operate on strict procedural rules. Once a will is submitted and the estate administration begins, interested parties are expected to submit their claim if they disagree with anything promptly. This may include:
- Objecting to the validity of a will
- Challenging the appointment of a personal representative
- Raising concerns about how the estate is being handled
If you wait too long to file an objection, the court may proceed with administration and even close the estate.
Case Example
A recent Florida appellate case, Annie Gilbert, et al. vs. In Re: Annie Riley, shows exactly why waiting too long can become a problem. In this case, an estate was opened using a 2000 will, which named one heir as the sole beneficiary and personal representative. Shortly after, a 2014 will surfaced, stating that the decedent’s estate should be divided equally among multiple heirs.
Despite this discovery, no formal objection was filed while the estate was being administered. As a result, the probate court admitted the earlier will, appointed the personal representative, and determined property rights.
It wasn’t until nine days after the court entered the order for discharging the personal representative that Annie Gilbert filed an objection and tried to reopen the estate. Notably, she acknowledged that she was aware of the ongoing probate proceedings. The court found that the objection was untimely and rejected the challenge.
The court also pointed out that although there was a more recent Will, the appellant’s motion to reopen the case did not clearly allege fraud (a legal ground for reopening a closed estate) because she merely declared that the 2014 will was never lost and that the 2000 will shouldn’t have been used. Even though this later will could have changed how the estate was distributed, the court focused on the failure to act in time.
Can an Estate Be Reopened After Missing the Deadline?
Only in limited situations. Florida law allows estates to be reopened in certain circumstances, such as:
- Fraud or misconduct
- Newly discovered assets
- Serious procedural irregularities
However, as this case demonstrates, referring to a different will or arguing that the wrong one was used may not be sufficient to reopen an estate. This is especially true if the claims are raised too late, if you were aware of the proceedings but didn’t act, or if they lack proper legal grounds. Once an estate is closed, undoing it becomes an uphill battle. To protect your rights and avoid missing critical deadlines, it’s best to seek guidance from an experienced probate attorney as early as possible.
We Are Here To Help
If you have concerns about a Will or the probate process in Florida, contact our Davie probate and estate litigation attorneys at Valero Law today by calling 305-607-7011. We serve clients in Davie, Broward County, Coconut Grove, and Miami-Dade County.
Source:
scholar.google.com/scholar_case?case=2347890836184415150&q=Annie+Gilbert,+et+al.,+Appellants,+vs.+In+Re:+Annie+Riley,+Appellee.+&hl=en&as_sdt=4,10
