CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 228 U.S.P.Q. (BNA) 19
...148,
70 L.Ed.2d 122 (1981); Padgett v. Estate of Padgett,
318 So.2d 484 (Fla. 1st DCA 1975) (petition to set aside order of distribution of estate filed after final discharge of personal representative properly dismissed under section 732.30(1), Florida Statutes, the predecessor to section
733.109(1), Florida Statutes (1983), where no strong factual allegations of fraud, overreaching, or mistake were present); In re Estate of Bateman....
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...[3] "Qualified" for purposes of receiving federal estate tax deduction pursuant to 26 U.S.C. § 501(c)(3). [4] Zinnser v. Gregory,
77 So.2d 611 (Fla. 1955). [5] In Re Estate of Carpenter,
253 So.2d 697, 704 (Fla. 1971). [6] Allen v. Estate of Dutton,
384 So.2d 171 (Fla. 5th DCA 1980). [7] See also §
733.109(1)(b), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 10133, 2005 WL 1537448
...at can be waived if not properly pled, [3] this is *1006 not the case in adversarial probate proceedings to contest the validity of a decedent's will or to attempt to remove the designated personal representative. We come to this conclusion based on section
733.109(1), Florida Statutes (2003), which provides that any "interested person" may petition the court for revocation of probate, and section
733.506, Florida Statutes (2003), which provides that "[p]roceedings for removal of a personal repr...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1998 WL 329492
...They also allege that the personal representative under the 1993 will did not give notice to the beneficiaries of the 1984 will in order to avoid an attack on the validity of the 1993 will. They seek to reopen the estate on the ground of common law fraud or fraud or mistake under Florida Rule of Civil Procedure 1.540(b). Section 733.109(1), Florida Statutes (1995) provides that interested parties may *488 petition to revoke probate "before final discharge of the personal representative." In Yellen v....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...to the procedures involved when a will is admitted to probate under the alternative provisions of Sec.
733.201. See, In re Estate of Dalton, supra. These include the right of a contestant to petition for revocation at any time before discharge under Section
733.109(1), Florida Statutes (1979), or, if, as here, Sec....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 19029
...e to preclude his attack upon the will because Anna R., as personal representative, did not invoke those provisions to shorten the time within which an interested person could file a petition to revoke probate. Revocation of probate is controlled by Section 733.109(1), which provides: (1) Any interested person, including a beneficiary under a prior will, except those barred under s....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...Pope,
485 U.S. 478,
108 S.Ct. 1340,
99 L.Ed.2d 565 (1988). For the same reason, subdivision (e) was eliminated. Statutory References § 731.111, Fla. Stat. Notice to creditors. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2013 WL 4081027, 2013 Fla. App. LEXIS 12730
...The Florida Probate Code provides that a proceeding to revoke probate of a will may be commenced by “[a]ny interested person, including a beneficiary under a prior will, unless barred under s.
733.212 or s.
733.2123 ... before final discharge of the personal representative.” §
733.109(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 18106, 2011 WL 5554833
...Pursuant to the Florida Probate Code, “[a]ny interested person, including a beneficiary under a prior will, unless barred under s.
733.212 or s.
733.2123, may commence [a proceeding to revoke the probate of a will] before final discharge of the personal representative.” §
733.109(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1982 Fla. App. LEXIS 19688
...It is also argued that even if the foregoing be true, Florida has adopted a statute which grants automatic standing to any personal representative. §
731.201(21), Florida Statutes (1979). Thus it is suggested that when the term "interested person" under §
733.109 is considered in pari materia with Section
731.201(21) we achieve automatic standing....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1988 WL 85196
...probate of her father's will which excluded appellant as a beneficiary. The basis for the summary judgment was that appellant "was specifically excluded as a beneficiary in two (2) previous Wills, the validity of which have not been questioned... ." Section 733.109(1), Florida Statutes (1987), provides that any "interested person" may bring an action for revocation of probate....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 267996
...er Rule 1.540, upon the grounds and within time limits set forth therein). It is the aforementioned allegation of a fraud upon the court which distinguishes this case from those cases relied upon by the guardian ad litem, where the clear language of section 733.109, Florida Statutes (1989), providing for revocation of probate "before final discharge," was relied upon to deny the reopening of closed estates....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...Stat. Reformation to correct mistakes. §
732.616, Fla. Stat. Modification to achieve testator's tax objectives. §
733.105, Fla. Stat. Determination of beneficiaries. §
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla....
...Waiver and consent by interested person. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.402, Fla. Stat. Exempt property. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 9470, 2000 WL 1035956
...4 Throughout the case the Estate has argued in the trial court and in its briefs before this court that Arthur lacks standing to challenge the validity of the 1962 will. This Court agrees. Arthur acknowledged the genuineness of his father’s signature on the 1954 will, and he has not challenged that will. Section 733.109(1), Florida Statutes (1997) provides that “any interested person” may bring an action for revocation of probate....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1997 WL 608558
...to the estate and he should be compensated. We disagree. Nichols was deceased at the time the guardian sought to revoke probate of the first will, but the guardian was an interloper in the estate case. The guardian did not have standing under either section
733.109(1), [3] or section *110
731.201(21) [4] , because neither the guardian nor the ward had an interest in the outcome of the estate case....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...§
731.302, Fla. Stat. Waiver and consent by interested person. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla....
...*148 Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: "Beneficiaries" substituted for "devisees" in subdivision (b) to conform language to section
733.109(2), Florida Statutes. 2007 Revision: Committee notes revised. Statutory References §
731.201(21)(23), Fla. Stat. General definitions. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1996 WL 496292
...Pavlick's petition to revoke probate, arguing that the petition was untimely filed. The trial court denied that motion, reasoning that because the initial objection was timely filed, Mr. Pavlick's subsequent petition to revoke probate related back to the timely filed objection. We agree. *158 Section
733.109(1), Florida Statutes (1993), authorizes any interested person to petition for revocation of probate at any time before the discharge of the personal representative as long as the interested person is not barred by either section
733.212 or
733.2123....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...§
731.302, Fla. Stat. Waiver and consent by interested person. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla....
...no distribution may be made to devi-sees beneficiaries in contravention of the rights of those who, but for the will, would be entitled to the property disposed of. Committee Notes This rule represents a rule implementation of the procedure found in section 733.109(2), Florida Statutes....
...Citation form change in committee notes. *1190 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2005 Revision: “Beneficiaries” substituted for “devisees” in subdivision (b) to conform language to section
733.109(2), Florida Statutes. Statutory References §
731.201(21), Fla. Stat. General definitions. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...731.107 Adversary proceedings. F.S.
732.301 Pretermitted spouse. F.S.
732.507 Effect of subsequent marriage, birth, or dissolution of marriage. F.S.
732.6005-732.611 Rules of construction. F.S. 732.803 Charitable devises. F.S.
733.105 Determination of beneficiaries. F.S.
733.109 Revocation of probate....
...commissioner, and to permit delivery of documents in a manner other than by mailing; change in (d) to require the filing of documents with the court. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S. 733.109 Revocation of probate....
...However, no opinion is offered whether such claims are barred by the provisions of F.S.
733.702. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.111 Notice of creditors F.S.
732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate....
...Rule History 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Language of paragraph (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes. Statutory References F.S. 733.109 Revocation of probate....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...731.107 Adversary proceedings. F.S.
732.301 Pretermitted spouse. F.S.
732.507 Effect of subsequent marriage, birth, or dissolution of marriage. F.S.
732.6005-732.611 Rules of construction. F.S. 732.803 Charitable devises. F.S.
733.105 Determination of beneficiaries. F.S.
733.109 Revocation of probate....
...commissioner, and to permit delivery of documents in a manner other than by mailing; change in (d) to require the filing of documents with the court. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S. 733.109 Revocation of probate....
...However, no opinion is offered whether such claims are barred by the provisions of Florida Statute §
733.702. Committee notes revised. Citation form changes in committee notes. Statutory References F.S. 731.111 Notice to creditors. F.S.
732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate....
...Rule History 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Language of paragraph (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes. Statutory References F.S. 733.109....
CopyPublished | Supreme Court of Florida
contests; presumption of undue influence. §
733.109, Fla. Stat. Revocation of probate. § 733
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Pretermitted spouse.
732.507, Fla.Stat. Effect of subsequent marriage, birth, or dissolution of marriage. ⅞¾⅛
732.6005-732.611, Fla.Stat. Rules of construction. F.S, 732,803-Charitable devises,
733.105, Fla.Stat. Determination of beneficiaries. ⅞⅛§
733.109, Fla.Stat....
...Citation form changes in rule and committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. Statutory References §
92.50, Fla.Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements.
733.109, Fla.Stat....
...Notice to creditors. §
731.201(21), Fla.Stat. General definitions. §
731.301, Fla.Stat. Notice; method and time; proof. §
731.302, Fla.Stat. Waiver and consent by interested person. §
732.5165, Fla.Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla.Stat....
...except that no distribution may be made to devisees in contravention of the rights of those who, but for the will, would be entitled to the property disposed of. Committee Notes This rule represents a rule implementation of the procedure found in bisection 733.109(2), Florida Statutes....
...1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References § 731.107, Fla.Stat. Adversary proceedings. §
731.201(21), Fla.Stat. General definitions. §
732.5165, Fla.Stat. Effect of fraud, duress, mistáke, and undue influence.
733.109, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...F.S.
732.301 Pretermitted spouse. F.S.
732.507 Effect of subsequent marriage, birth, or dissolution of marriage. F.S.
732.6005 —
732.611 Rules of construction. F.S. 732.803 Charitable devises. *1082 F.S.
733.105 Determination of beneficiaries. F.S.
733.109 Revocation of probate....
...1984 Revision: Editorial changes; new requirement to file proof of publication; new requirements as to form of objections to will and qualifications of personal representative. Committee notes revised. Statutory References F.S.
732.5165 Effect of fraud, duress, mistake, and undue influence. F.S.
733.109 Revocation of probate....
...e made-to- devisees-in-contravention of the rights of those.who, but for such will, would be entitled-to-the property disposed of thereby. Committee Notes Rule History 1984 Revision: Extensive changes. Committee notes revised. Statutory References F.S. 733.109 Revocation of probate....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2288, 1985 Fla. App. LEXIS 16131
...The probate court granted the motion of the personal representative to dismiss appellant’s petition to revoke probate on the ground that it was untimely and because appellant had signed a consent that another beneficiary under the will receive an early distribution of a devise. We reverse. Section 733.109(1), Florida Statutes, provides that any interested person “except those barred under s....
...wing and intentional relinquishment of his right to contest the validity of the will. See In Re Estate of Ballett,
426 So.2d 1196 (Fla. 4th DCA 1983). As long as not barred by either section
733.212 or
733.2123, any interested person is permitted by section
733.109(1) to petition for revocation of probate at any time before discharge of the personal representative....
CopyPublished | Supreme Court of Florida
...Stat. Time of election; extensions; withdrawal.
§
732.402, Fla. Stat. Exempt property.
§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence.
§
733.101, Fla. Stat. Venue of probate proceedings.
§
733.109, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 4648, 1991 WL 82515
...file an objection to a notice of administration, challenging the validity of a will. Rule 5.230(e), Florida Rules of Probate, provides that objections to the validity of a will shall follow the form and procedure pertaining to revocation of probate. Section 733.109(1), Florida Statutes (1989), provides that any “interested person” may petition the court for revocation of probate....
...Also, the current definition expressly states that a personal representative is an interested person in any proceeding affecting the estate or the rights of a beneficiary in the estate. Additionally, petitioner correctly contends that the 1977 amendment to section 733.109 expanded prior law to authorize actions for revocation of probate by any “interested person” rather than merely by any “beneficiary.” We agree with petitioner that “considerations of public policy, expanded rights of entry t...
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...§
731.201(21), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice; — method and time;. proof. §
731.302, Fla. Stat. Waiver and consent by interested person. *858 §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Crescenzo sufficiently presented his challenges to the probate court such that it was required to rule on them before entering its order. Ms. Quinones' estate says that the answer is no because Mr. Crescenzo did not file a caveat and that his only remedy now is to file a petition to revoke probate. See § 733.109, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Crescenzo sufficiently
presented his challenges to the probate court such that it was required to rule on them
before entering its order. Ms. Quinones' estate says that the answer is no because Mr.
Crescenzo did not file a caveat and that his only remedy now is to file a petition to
revoke probate. See § 733.109, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 1439, 1990 WL 21411
...itled to notice under section
733.212 or
733.2123, Florida Statutes (1987), if the time for her to object to the proceedings is to be shortened. Since Cammarata did not receive notice of any shortened time period, her petition was timely filed under section
733.109 Florida Statutes (1987), prior to discharge of the personal representative....
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 717, 1987 Fla. App. LEXIS 12027
final discharge of the personal representative. §
733.109, Fla.Stat. (1985). Additionally, a probate court
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1566, 1989 Fla. App. LEXIS 3653, 1989 WL 68936
...ned in Chapter 735. Moses, on the other hand, contends that section
733.2123 is applicable and, since Sokol expressly waived notice, he cannot raise the invalidity of the will presented for probate in said proceedings. Furthermore, Moses argues that section
733.109(1) provides that any beneficiary may, before final discharge of the personal representatives, petition the court in which the will was admitted for revocation of probate, but Sokol cannot meet the requirements of that statute....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Effect of subsequent marriage, birth, adoption, or dissolution of marriage. §§
732.6005-732.611, Fla. Stat. Rules of construction. §
733.105, Fla. Stat. Determination of beneficiaries. §
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla....
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References §
92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla....
...General definitions. §
731.301, Fla. Stat. Notice. §
731.302, Fla. Stat. Waiver and consent by interested person. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla. Stat. Venue of probate proceedings. §
733.109, Fla....
..., except that no distribution may be made to devi-sees in contravention of the rights of those who, but for the will, would be entitled to the property disposed of. Committee Notes This rule represents a rule implementation of the procedure found in section 733.109(2), Florida Statutes....
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 731.107, Fla. Stat. Adversary proceedings. §
731.201(21), Fla. Stat. General definitions. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.109, Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5990, 1994 WL 256954
...a subsequent will to probate pursuant to section
733.207, Florida Statutes. The requirements for demonstrating revocation of a will by subsequent written instrument are not equivalent to the requirements for submitting a subsequent will to probate. Section
733.109(1), Florida Statutes, permits any interested person to institute revocation proceedings by filing a petition for revocation....
CopyPublished | District Court of Appeal of Florida | 2001 Fla. App. LEXIS 9172, 2001 WL 746703
...nst her pursuant to section
733.609 Florida Statutes (2000). 3 Reversed and remanded with directions. . The allegations of the petition were sufficient to have warranted the revocation of probate even if the Estate has not already been reopened. See §
733.109, Fla....
CopyPublished | Supreme Court of Florida
...Reformation to correct mistakes.
§
732.616, Fla. Stat. Modification to achieve testator’s tax
objectives.
§
733.105, Fla. Stat. Determination of beneficiaries.
§
733.107, Fla. Stat. Burden of proof in contests; presumption
of undue influence.
§
733.109, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Effect of subsequent marriage, birth, adoption, or dissolution of marriage. §§
732.6005-732.611, Fla. Stat. Rules of construction. §
733.105, Fla. Stat. Determination of beneficiaries. §
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla....
CopyPublished | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 42, 2000 WL 4824
...t to the admission of a new will, which required new letters of administration and a new notice of administration. Without a new notice of administration, the three-month limitation period of section
733.212(l)(b) did not apply, and Florida Statutes section
733.109(1) permitted a petition for revocation to be filed at any time prior to the discharge of the personal representatives....
...within the later of 3 months after the date of the first publication of the notice or 30 days after the service of the copy of the notice on the objecting person.” §
733.212(b), Fla. Stat. However, if the interested person does not receive notice, then section
733.109 allows him or her to petition for revocation of probate before the discharge of the personal representative....
...ill during a new limitation period running from service of notice of administration with respect to the new will. Because the personal representatives did not give appellant formal notice of the administration of the two subsequently filed codicils, section 733.109 allows her to petition for revocation of probate before discharge of the personal representative....
CopyPublished | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 22091
codicil to the contested will. We hold that Section
733.109(l)(b), Florida Statutes (1979) did not create
CopyPublished | Supreme Court of Florida
...Stat. Time of election; extensions; withdrawal.
§
732.402, Fla. Stat. Exempt property.
§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence.
§
733.101, Fla. Stat. Venue of probate proceedings.
§
733.109, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 12466, 2017 WL 3727050
...“[Standing to bring or participate in a particular legal proceeding often depends on the nature of the interest asserted.” Hayes v. Guardianship of Thompson,
952 So.2d 498, 505 (Fla. 2006). 1 An interested *933 person may seek revocation of probate. See §
733.109(1), Fla....
...Even the personal representative of an estate is deemed an, “interested person” in proceedings affecting the estate or the rights of a beneficiary of the estate. Id. Here; appellant falls within the definition of an interested person within the meaning of section 733.109(1), since he was both a beneficiary under the will and an heir at law, and he would have been affected by the outcome of the revocation petition insofar as a successful revocation would have subjected the personal representative—who...
