Florida Notice of Administration: The Deadlines It Starts

Who must be served

The personal representative must promptly serve the notice of administration on the following people who are known to the personal representative and were not previously served under s. 733.2123 (Rule 5.240):

• The decedent's surviving spouse.
• All beneficiaries.
• The trustee of a trust described in s. 733.707(3), and each qualified beneficiary of that trust, if each trustee is also a personal representative of the estate.
• Persons who may be entitled to exempt property, served in the manner provided for formal notice.

The personal representative may also serve devisees under another will, heirs and others who claim or may claim an interest in the estate.

What the notice must say

• The decedent's name, the file number, the court's designation and address, whether the estate is testate or intestate and, if testate, the date of the will and any codicils.
• The names and addresses of the personal representative and the personal representative's attorney, and that the fiduciary lawyer-client privilege in s. 90.5021 applies.
• The objection, exempt property and elective share deadlines described below.
• A notice that, by failing to contest the will, the recipient may be waiving the right to contest the validity of a trust or other writing incorporated by reference into the will.
• A statement that the personal representative has no duty to discover whether property is subject to the Florida Uniform Disposition of Community Property Rights at Death Act unless a written demand is filed with the clerk.

The deadlines it starts

• Objections: an interested person who is served must file any objection challenging the validity of the will, the venue or the court's jurisdiction within three months after service. The three months can be extended only for estoppel based on a misstatement by the personal representative about the time period. The outside limit is the earlier of the order of final discharge or one year after service, unless sooner barred by s. 733.212(3).
• Exempt property: persons who may be entitled to exempt property under s. 732.402 are treated as having waived the claim unless a petition is filed by the later of four months after service or 40 days after the end of any proceedings involving the construction, admission to probate or validity of the will or any other matter affecting the exempt property.
• Elective share: the election must be filed by the earlier of six months after service of the notice on the surviving spouse (or an agent under chapter 709 or a guardian of the property of the surviving spouse) or two years after the decedent's death.
• Waived service: where service has been waived, deadlines measured from service run from the date the waiver is filed.

After service

Unless the court directs otherwise, the personal representative of a testate estate must give a copy of the will and all codicils admitted to probate to any person who was served and asks in writing. Keep proof of service for each recipient, because every deadline above is measured from the date that particular person was served.

General information for Florida practitioners, reviewed in October 2026 against the statute and rule text linked above. It is not legal advice. Rules, statutes and local circuit practices change, so confirm against the current text and your circuit's requirements before relying on it.

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