How Can I Challenge an Incorrect Address Used in a Florida Probate Case? | Florida Probate | FastCounsel
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How Can I Challenge an Incorrect Address Used in a Florida Probate Case?

How do I challenge the use of an incorrect address in estate court filings? - Florida

The Short Answer

In Florida probate, an incorrect address can be a serious problem if it affects whether you received legally required notice (or whether deadlines started running against you). The usual legal focus is not the typo itself, but whether the estate complied with Florida’s notice requirements and whether the error prejudiced your rights.

Why You Should Speak with an Attorney

While the concept sounds straightforward (“they used the wrong address”), the legal consequences can be high-stakes because probate rights often turn on whether notice was properly served and whether objection deadlines were triggered.

  • Strict Deadlines: If you were properly served with a Notice of Administration, objections that challenge the validity of the will, venue, or the court’s jurisdiction generally must be filed within 3 months after service (with very limited extension circumstances). See Fla. Stat. § 733.212(3).
  • Burden of Proof: If you are arguing you did not receive required notice because it went to the wrong address, you may need evidence showing what address was used, what your correct address was at the time, and how the error affected your ability to protect your interests.
  • Exceptions and Remedies: Whether an address mistake is “harmless” or grounds to set aside an order can depend on what type of notice it was (formal notice vs. other notice), who was entitled to receive it, and what orders were entered while you were unaware of the case.

If you suspect an incorrect address caused you to miss notice or deadlines, it’s worth speaking with a Florida probate attorney quickly to evaluate whether you have a viable challenge and what relief may be available under the Probate Code and Rules.

For related background, you may find these helpful: executor (personal representative) responsibilities in Florida probate and Florida probate notice to creditors overview.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.