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Revoking the probate of a will

The process of estate administration in Hernando County can be quite complex. Because of this, beneficiaries or other interested parties to an estate will want to time to research any and all estate planning instruments to fully understand the testator's intentions. At the same time, the personal representative may be anxious to initiate the probate process in order to avoid delays and additional expenses that could deplete the estate's overall value. This sense of urgency may prompt some to submit the estate to probate prior to all of the aforementioned concerns being addressed. 

Those who may still have unresolved issues with the estate need not necessarily worry if this happens, however; state law does indeed provide a way for those who have such concerns to ask that the probate of an estate be revoked. What this does is revoke the earlier decree admitting the will to probate. Section 733.109 of the Florida state statutes says that this action can be taken at any time prior to the discharge of the personal representative. 

Revoking the probate of a will essentially halts the administration process to allow any disputed matters to be resolved. It can also stop a will from being validated by the court in the event of a will content (such as if another will is presented that supposedly invalidates the instrument being probated). Doing so will delay the probate process even further (and thus be more costly), yet those making such a request may be willing to accept such delays in order to have their concerns addressed. 

Any interested party to a will can petition that probate be revoked. This includes beneficiaries designated in a prior will. Section 733.212 of the state's Probate Code says that such parties must state their intentioned within three months of being served letters of administration. 

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Day Law Your Hometown Attorneys

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Spring Hill, FL 34606

Toll Free: 888-326-9553
Phone: 352-200-2382
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