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Chapter 733 — Administration of Estates

Florida Statute 733.212

“Notice of administration; filing of objections”

What it means

The notice of administration is how a Florida probate starts the clocks. The personal representative must promptly serve it on the surviving spouse, the beneficiaries, certain trustees and qualified trust beneficiaries, and persons who may be entitled to exempt property.

The teeth are in subsection (3): anyone served has 3 months from service to object to the validity of the will, the venue, or the jurisdiction of the court — or the objection is forever barred. The only extension is estoppel from the personal representative's misstatement about the deadline itself. The outer limit for everyone: the earlier of final discharge or 1 year after service.

— What it says
  • Served on the spouse, beneficiaries, certain trustees and qualified beneficiaries, and possible exempt-property claimants.
  • 3 months from service to object to the will's validity, venue, or the court's jurisdiction — then forever barred.
  • The only extension: estoppel based on the personal representative's misstatement of the deadline itself — not misconduct or nondisclosure.
  • Outer bar: the earlier of final discharge or 1 year after service of the notice.
  • The notice also carries the 4-month exempt-property deadline and the 6-month elective-share deadline.
  • A will or codicil admitted later requires a new notice — and reopens objections.
— In a real probate

How it plays out

The 3-month window is the deadline we repeat most often. People assume a will can be challenged whenever the evidence surfaces; once the notice of administration is served, §733.212(3) gives 3 months, and the statute itself rules out extensions for anything except a misstatement about the deadline. On the other side of the file, serving the notice promptly — on everyone arguably interested — is how a personal representative makes the estate contest-proof a quarter later.

Questions people ask

How long do you have to contest a will in Florida?
3 months from service of the notice of administration, under Florida Statute 733.212(3). Objections to the will's validity, venue, or jurisdiction filed later are forever barred — and never later than final discharge or 1 year after service, whichever comes first.
The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 733.212
Rachel Brannan Schadt, Esq.
Written by
Rachel Brannan Schadt, Esq.

Florida probate and estate attorney. Florida Bar #127500, admitted 2017. Third-generation Florida attorney and Sarasota native. Florida State University; Western Michigan University Cooley Law School. Admitted to the U.S. District Courts for the Northern, Middle and Southern Districts of Florida.

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