What it means
Admitting a will to probate is not the end of the argument. §733.109 lets any interested person — including a beneficiary under a prior will — petition to revoke the probate of a will, in the court handling the administration, any time before final discharge of the personal representative, unless already barred under §733.212 or §733.2123.
While the petition is pending, administration continues as if nothing happened, with one exception: no distribution may be made that would defeat the rights of those who would take if the will fails. A good-faith purchaser for value from the personal representative keeps clear title even if probate is later revoked.
- Filed in the court having jurisdiction over the administration.
- Any interested person may petition — including a beneficiary under a prior will.
- Deadline: before final discharge of the personal representative — unless barred sooner under §733.212.
- Pending the petition, administration continues, but no distribution may defeat the challenger's rights.
- Title of a good-faith purchaser for value from the personal representative survives revocation.
How it plays out
Revocation of probate is how a will contest proceeds once a will has been admitted — which happens fast in Florida, often before out-of-state family knows there is an estate. The practical clock is almost never final discharge; it is the 3-month objection window under §733.212(3) once the notice of administration is served. When we file a revocation petition, we raise distributions with the court immediately, because the statute halts distributions that would defeat the challenge but does not halt sales.
Where this shows up
Pages on this site where § 733.109 does real work:
Questions people ask
