A caveat is a short document filed with the clerk by someone who is worried that an estate will be opened, or a will admitted to probate, without their knowledge (§ 731.110). If an interested person (other than a creditor) has filed a caveat, the court may not admit a will or appoint a personal representative until that person has been formally notified and has had a chance to participate.
A caveat secures notice. It does not contest the will, and it does not stop the estate from being opened.
Who can file, and when
- Interested persons, such as a child, spouse, or beneficiary under an earlier will, can file before or after the death. A caveat filed before the death expires two years after filing (§ 731.110).
- Creditors can file only after the death, and a creditor’s caveat does not trigger the same notice protection before admission of the will and appointment.
- A caveator who lives outside Florida must either be represented by a Florida attorney who signs the caveat or name a person living in that county to receive service (§ 731.110).
Why it matters: the objection clock
Once a will is admitted and a personal representative is appointed, an interested person served with the notice of administration generally has three months to object to the will’s validity, the venue, or the court’s jurisdiction, and that period can be extended only for estoppel based on the personal representative’s misstatement about it (§ 733.212). A person who receives formal notice of the petition before letters issue must raise those objections before letters issue (§ 733.2123). A caveat makes sure you receive notice at the start, so you are not learning about the case after the window has narrowed.
What a caveat does not do
- It does not prove the will is invalid. A will contest is a separate adversary proceeding (Fla. Prob. R. 5.025).
- It does not decide who should be personal representative.
- It does not undo an order already entered.
What changes the answer
- Whether the caveat was filed in the right county (where the decedent was domiciled)
- Whether you are an interested person or a creditor
- Whether a petition was already filed or a will already admitted
- Whether the caveat expired (two years after a pre-death filing)
An example
A son is estranged from his stepmother and worries that she will probate a new will after his father dies. After the death, he files a caveat in the county where his father lived. When the stepmother petitions to admit a will, the court requires formal notice to the son before acting. He reviews the will with counsel, raises his concerns at that stage, and the court decides them before appointing anyone.
Common mistakes
- Filing in the wrong county
- Treating a caveat as a will contest and missing the deadline to object
- Letting a caveat filed before the death expire
- Forgetting to name a local agent when you live out of state and have no Florida attorney
What to gather
- The decedent’s full name, date of death, and county of residence
- Your relationship to the decedent and your interest in the estate
- Any copy of a will, or information about earlier wills
- Any notice or court papers you have already received
Next step
If you are concerned about a will, check the court docket in the decedent’s county first. If no case is open, a caveat can secure notice; if one is open, talk with counsel about objection deadlines immediately.
Related guidance
- What if the original will is missing?
- What rights do probate beneficiaries have?
- Formal administration
- What happens without a will?
Sources: Florida Statutes § 731.110, § 733.212, and § 733.2123 (2026); Florida Probate Rule 5.025 (October 15, 2026 edition). Checked on October 23, 2026.