The Florida Senate

733.109  Revocation of probate.--

(1)  Any interested person, including a beneficiary under a prior will, except those barred under s. 733.212 or s. 733.2123, may, before final discharge of the personal representative, petition the court in which the will was admitted to probate for revocation of probate.

(a)  The petition shall state the interest of the petitioner and the grounds for revocation.

(b)  The petition shall be served upon the personal representative and all interested persons by formal notice, and thereafter proceedings shall be conducted as an adversary proceeding under the rules of civil procedure.

(2)  Pending the determination of any petition for revocation of probate, the personal representative shall proceed with the administration of the estate as if no revocation proceeding had been commenced, except that no distribution may be made to devisees in contravention of the rights of those who, but for the will, would be entitled to the property disposed of.

(3)  Revocation of probate of a will shall not affect or impair the title to the property theretofore purchased in good faith for value from the personal representative.

History.--s. 1, ch. 74-106; s. 50, ch. 75-220; s. 18, ch. 77-87; s. 227, ch. 77-104.

Note.--Created from former s. 732.30.