Petition to Revoke Probate Florida
A Petition to Revoke Probate Florida may be your only way to get an inheritance if it was taken from you improperly. If an invalid or suspicious will was presented to probate, you just might have a will contest on your hands. Do you know how to enforce your inheritance rights?
Understanding the Probate Process
The Florida Probate Process is, in once sense, straightforward. You gather all the deceased Florida resident’s assets, pay her last expenses and bills, and then distribute what’s left over to the beneficiaries.
But determining beneficiaries may be more of a challenge than one believes.
A Petition to Revoke Probate Florida is a court filed document in the probate court. (It’s explained in more detail below).
If there are multiple wills, a court will determine which one is valid. In that case, the will signing becomes very important, as well as the person’s mental health. Finally, the facts and circumstances of how a will came to be signed are important. Was there undue influence or fraud? To see videos on will challenges and undue influence for free, CLICK HERE.
Reading the Florida Probate Laws + Rules
The good news is that you may learn a lot about the Florida Probate process quickly, easily and free of charge.
- Listen up Heirs, children, grandchildren and adopted kids ! The Florida intestacy laws can be found right HERE. If there is no will, you just may be on your way to getting an inheritance !
- To read all about wills, will signing and who may be a witness, or how you create a valid will, click HERE.
- Don’t forget the Florida Probate Rules.
- For an introduction to probate in Florida and definitions, click Chapter 731.
- For administration of probates and estates, read Chapter 733.
How to Petition to Revoke Probate Florida
A Petition to Revoke Probate is filed with the probate court. It is “served” on all interested persons.
It identifies who is seeking help from the court, called the Petitioner. This Petition tells the court what’s wrong and what relief you need.
You have to identify the parties who are affected by the Petition.
A Petition to Revoke Probate Florida is typically filed after probate has already been established. Typically by someone else. In fact, you may not have even known about it, nor “served”.
Probate is established when someone files a Petition for Administration. And the court then grants relief in the form of orders and Letters of Administration.
A common example of why one files such a document is when an invalid will is probated. Put another way, if a will was presented for probate, and you want to challenge it, you need to try to have it declared invalid. You can file a separate petition or simply “answer” the Petition for Administration and bring (file) a counter-petition.
But remember that typically the law does not help those who wait. There are time limits and time frames. Failure to properly act within those time frames can prevent one from inheriting, making a claim, or being heard in probate court.