The revocation of probate is a legal process where a probate court cancels a previous decision that accepted a will for probate. This means that the will is no longer recognized as valid, and the estate administration may need to be reassessed. Revocation can occur for various reasons, including the discovery of a more recent will or evidence suggesting that the original will was not executed properly.
This term is primarily used in probate law, which deals with the administration of estates after a person passes away. Revocation of probate may arise in cases where an interested person, such as a beneficiary or heir, believes that the will admitted to probate is invalid. This process allows individuals to challenge the validity of a will and seek a new determination regarding the estate's distribution.
Here are a couple of examples of abatement:
Example 1: A person discovers a newer will that was not presented during the initial probate process. They may file for revocation of the probate of the earlier will, arguing that the new will reflects the deceased's true wishes.
Example 2: An heir learns that the will admitted to probate was signed under duress. They can initiate a revocation proceeding to contest the validity of the will. (hypothetical example)
In Florida, the relevant statute is Fla. Stat. § 733.109, which outlines the procedures for revoking the probate of a will. It specifies the parties who can initiate the process and clarifies that revocation does not impact property titles acquired before the revocation order.
| State | Key Difference |
|---|---|
| Florida | Allows any interested person to file for revocation before final discharge of the personal representative. |
| California | Requires that the person filing for revocation must demonstrate standing, typically as a beneficiary or heir. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Probate | The legal process of validating a will and administering an estate. | Revocation of probate cancels a previously accepted will, while probate is the process of accepting it. |
| Will Contest | A legal challenge to the validity of a will. | Revocation of probate specifically annuls a probate order, while a will contest disputes the will's validity. |
If you believe that a will has been improperly admitted to probate, you should consider filing a petition for revocation. Gather any relevant documents and evidence that support your claim. It may be beneficial to consult a legal professional for guidance through this process. Additionally, you can explore US Legal Forms for templates that can help you prepare the necessary legal documents.
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The process typically involves filing a petition in the appropriate probate court, along with supporting evidence for the claim.