(1) A proceeding to revoke the probate of a will shall be brought in the court having jurisdiction over the administration. Any interested person, including a beneficiary under a prior will, unless barred under s. 733.212 or s. 733.2123, may commence the proceeding before final discharge of the personal representative.
(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 beneficiaries 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 property purchased in good faith for value from the personal representative prior to an order of revocation.
History.—s. 1, ch. 74-106; s. 50, ch. 75-220; s. 18, ch. 77-87; s. 227, ch. 77-104; s. 84, ch. 2001-226.
Note.—Created from former s. 732.30.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 733 - Probate Code: Administration of Estates
Part I - General Provisions (Ss. 733.101-733.109)
733.101 - Venue of probate proceedings.
733.104 - Suspension of statutes of limitation in favor of the personal representative.
733.105 - Determination of beneficiaries.
733.1051 - Limited judicial construction of will with federal tax provisions.
733.106 - Costs and attorney fees.
733.1061 - Fees and costs; will reformation and modification.
733.107 - Burden of proof in contests; presumption of undue influence.