A caveat is a document that can be filed with the court by any interested party, such as a creditor of the deceased, who is concerned that a probate estate will be opened and administered or that a will may be admitted to probate without their knowledge. This document serves as a notice to the court, informing them of the potential interest of the party and allowing them to take appropriate action.

The Florida Statutes (F.S.) provide specific guidelines for filing a caveat. For instance, F.S. 731.110(1) defines an interested person as “any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” Additionally, F.S. 731.201(23) clarifies that the caveat of an interested person, excluding creditors, can be filed either before or after the death of the deceased. 

What goes in a Caveat?

The caveat must include the name of the person who’ll be taking care of the estate, the last four digits of their social security number, or their year of birth, if we know it. It also needs to say what the caveator wants from the estate and the name and mailing address of the caveator. Rule 5.260(b). If the caveator isn’t a Florida resident and doesn’t have a Florida lawyer who’s signed the caveat, they need to pick a resident agent who lives in the county where the caveat is filed. Service of the caveat can be made to this resident agent. But a resident agent isn’t needed if the caveator has a Florida lawyer who’s signed the caveat. F.S. 731.110(2); Rule 5.260(c). 

What Happens once a Caveat is Filed?

If someone other than a creditor files a caveat, the court won’t let the deceased’s will be probated or appoint a personal representative without giving formal notice to the caveator or their designated agent. This way, the caveator can respond and be heard by the court. 

Broward Probate Lawyer

If you need representation in probate court, Contact Broward County probate lawyer Andrew J. Pascale at 877-667-1211 to help ensure that the probate estate is being administered in conformity with Florida law and that your rights as a beneficiary or interested person are supremely protected.