How Long Do I Have to Challenge the Validity of a Will In Florida ?

The Florida Probate Code defines a will as " an instrument, including a codicil ..." 731.201(35), Fla. Stat. If a codicil is discovered during the pendency of the administration, "any interested person may offer the later will for probate. The proceedings shall be similar to those for revocation of probate." 733.208, Fla. Stat. Section 733.212 requires that the personal representative publish a notice of administration. The notice requires all interested persons to file with the court "any objection by an interested person on whom notice was served that challenges the validity of the will . . . within the later of 3 months after the date of the first publication of the notice or 30 days after the service of the copy of the notice on the objecting person." 733.212(b), Fla. Stat. However, if the interested person does not receive notice, then section 733.109 allows him or her to petition for revocation of probate before the discharge of the personal representative. The personal representatives in this case also failed to comply with Florida Probate Rule 5.025, which governs adversary proceedings in an estate and provides as follows: (a) the following shall be adversary proceedings unless otherwise ordered by the court: proceedings to remove a personal representative, surcharge a personal representative, remove a guardian, surcharge a guardian, probate a lost or destroyed will or later-discovered will, determine beneficiaries, construe a will, cancel a devise, partition property for the purposes of distribution, determine pretermitted share, and for revocation of probate of a will. (b) Declared Adversary Proceedings. Other proceedings may be declared adversary by service on interested persons of a separate declaration that the proceeding is adversary. (1) If served by the petitioner, the declaration shall be served with the petition to which it relates. (2) If served by the respondent, the declaration and a written response to the petition shall be served at the earlier of: (A) within 20 days after service of the petition, or (B) prior to the hearing date on the petition. (3) When the declaration is served by a respondent, the petitioner shall promptly serve formal notice on all other interested persons. (c) Adversary Status by Order. the court may determine any proceeding to be an adversary proceeding at any time. (d) Notice and Procedure in Adversary Proceedings. (1) Petitioner shall serve formal notice.