What is Revocation of Probate?

We have all heard about challenges to a last will and testament, or the validity of a will being in question. “Revocation of probate” refers to the action of vacating a previous court order to admit a last will and testament into probate. This article will review some of the most important items to understand concerning what probate is, how and when probate might be revoked, and what happens after a successful revocation of probate.  Initiating a revocation of probate action should always be done thoughtfully, and with the aid of a skilled probate litigation attorney. Contact the offices of Suncoast Civil Law for advice in your own specific case.

What is Probate?

Florida probate refers to the legal process followed by the Florida courts in which the courts receive a decedent’s last will and testament, review that will, and then administer the will if it is deemed valid.  Once a Will is filed with the Florida circuit court, the process of “probating the Will” begins, a personal representative is named, and the family can begin the process of inventorying and distributing the deceased’s assets.

Sometimes, a last will and testament may appear to be valid but is not. This might happen if, for instance, a newer valid will is discovered, or the will filed with the court was created under undue influence. In these kinds of cases, a will challenge may need to be pursued in order to trigger the revocation of probate.   In that case, the person’s family members may need to initiate a Will challenge to trigger the revocation of probate.

What Does “Revocation of Probate” Mean?

Revocation of probate is a court order that vacates the prior decision to admit a last will and testament into probate. So long as the final discharge of the estate has not yet occurred, an interested party (such as someone who would inherit under a different will) can file a petition to the court to revoke probate.

Evidence Needed

The courts take their responsibility to administer estates very seriously. Individuals seeking to successfully contest a will and get a probate action revoked need to provide sufficient evidence to prove that the will that has already been accepted into probate is invalid. An experienced probate attorney can help you assess your own situation and potentially gather any evidence that shows, for instance:

• The testator lacked capacity to sign the will;
• The will was created based on a false belief or “insane delusion;”
• The testator was a victim or fraud or undue influence in the creation of the will;
• The will was successfully revoked.

What Happens After Revocation of Probate

Generally, a successful revocation of probate will result in a situation where it is as though the contested will was never deemed valid to begin with. This could result in a different will being accepted into probate, or the estate being distributed in accordance with Florida’s intestate succession laws. Contact a will & probate attorney to learn more.

Contact Suncoast Civil Law

The esteemed Sarasota will & probate attorneys at Suncoast Civil Law are standing by to discuss any questions you might have on your own probate case. Wherever you are in your own estate or probate issue, our experienced team can help you determine your next best steps.

Sources:

thisismoney.co.uk/money/pensions/article-13788945/Inheritance-disputes-families-probate.html

forbes.com/sites/zackomalleygreenburg/2012/08/17/the-scandalously-boring-truth-about-michael-jacksons-will/