Florida Statute 733.212
“Notice of administration; filing of objections”
What it means
Section 733.212(1) requires the personal representative to promptly serve the notice of administration on known persons: the surviving spouse, beneficiaries, the trustee and qualified beneficiaries of a trust described in § 733.707(3) if each trustee is also a personal representative, and persons who may be entitled to exempt property. Subsection (2) lists what the notice must state, including the deadlines below.
Under subsection (3), a person served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading within 3 months after service, or the objection is forever barred. That period may be extended only for estoppel based on the personal representative's misstatement of the time period. All such objections must be filed no later than the earlier of final discharge or 1 year after service. A new notice is served if a will or codicil is later admitted (subsection (7)), and appointing a successor does not renew the period (subsection (4)).
- Served on the surviving spouse, beneficiaries, certain trustees and qualified beneficiaries, and persons who may be entitled to exempt property (§ 733.212(1)).
- Objections to the will's validity, venue, or jurisdiction are forever barred unless filed within 3 months after service (§ 733.212(3)).
- The 3 months extends only for estoppel from the personal representative's misstatement of the time period, not for misconduct or failure to disclose (§ 733.212(3)).
- Outer limit: the earlier of final discharge or 1 year after service (§ 733.212(3)).
- The notice states the exempt property deadline (the later of 4 months after service or 40 days after termination of a related proceeding) and the elective share deadline (the earlier of 6 months after service or 2 years after death) (§ 733.212(2)(d)-(e)).
- A will or codicil admitted later requires a new notice; a successor personal representative does not renew the period (§ 733.212(4), (7)).
Text of the statute (2026)
(1) The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative: (a) The decedent’s surviving spouse; (b) Beneficiaries; (c) The trustee of any trust described in s. 733.707(3) and each qualified beneficiary of the trust as defined in s. 736.0103, if each trustee is also a personal representative of the estate; and (d) Persons who may be entitled to exempt property in the manner provided for service of formal notice, unless served under s. 733.2123. The personal representative may similarly serve a copy of the notice on any devisees under a known prior will or heirs or others who claim or may claim an interest in the estate.
(d) That persons who may be entitled to exempt property under s. 732.402 will be deemed to have waived their rights to claim that property as exempt property unless a petition for determination of exempt property is filed by such persons or on their behalf on or before the later of the date that is 4 months after the date of service of a copy of the notice of administration on such persons or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the exempt property.
(e) That, unless an extension is granted pursuant to s. 732.2135(2), an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or a guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death.
(3) Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. The 3-month time period may only be extended for estoppel based upon a misstatement by the personal representative regarding the time period within which an objection must be filed. The time period may not be extended for any other reason, including affirmative representation, failure to disclose information, or misconduct by the personal representative or any other person. Unless sooner barred by this subsection, all objections to the validity of a will, venue, or the jurisdiction of the court must be filed no later than the earlier of the entry of an order of final discharge of the personal representative or 1 year after service of the notice of administration.
(4) The appointment of a personal representative or a successor personal representative shall not extend or renew the period for filing objections under this section, unless a new will or codicil is admitted.
(7) If a will or codicil is subsequently admitted to probate, the personal representative shall promptly serve a copy of a new notice of administration as required for an initial will admission.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.212.
History. s. 1, ch. 74-106; s. 60, ch. 75-220; s. 227, ch. 77-104; s. 3, ch. 88-340; s. 2, ch. 89-340; s. 2, ch. 90-23; s. 8, ch. 93-257; s. 7, ch. 95-401; s. 191, ch. 99-397; s. 94, ch. 2001-226; s. 8, ch. 2003-154; s. 6, ch. 2006-134; s. 36, ch. 2006-217; s. 8, ch. 2011-183; s. 17, ch. 2013-172; s. 2, ch. 2015-27; s. 5, ch. 2020-67; s. 11, ch. 2024-238.
How it applies
The notice of administration starts the objection period for each person served, measured from that person's own date of service. Where service was waived, service is deemed to occur on the date the waiver is filed (subsection (8)).
A personal representative who in good faith fails to give required notice is not liable for the failure; liability, if any, is on the estate (subsection (6)). Giving notice does not confer any right (subsection (5)).
Where this shows up
Pages on this site where § 733.212 does real work:
- Florida probate timeline 2026: deadlines and steps from death to discharge
- Florida intestate succession: who inherits when there is no will, the spouse's share, descendants, parents, siblings and other relatives, the homestead, who is not an heir and steps to settle the estate
- Florida spousal elective share: 30 percent of the elective estate, what the elective estate includes and leaves out, the filing deadline, waiver, the court process and a worked example
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Will contest in Florida: grounds, deadlines and the 3-month objection period
- Probate vs trust administration in Florida: differences, steps and deadlines
- Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
- Missing will in Florida: where to look, safe-deposit boxes and lost-will probate
- Disputed will or heir
- Nelson Mandela
Questions people ask
Sources
- Fla. Stat. § 733.212 (Persons served, contents of the notice, the 3-month and 1-year objection bars, and new notice.)
- Fla. Stat. § 732.402 (Exempt property, referenced in the notice requirement.)
- Fla. Stat. § 732.2135 (Time for election of the elective share, referenced in the notice requirement.)
- Fla. Stat. § 733.707 (Trusts described in subsection (3), referenced in the persons to be served.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.