Florida/Georgia Personal Injury & Workers Compensation

...court concluded that the finding of the will did not justify reopening the estate under section 733.903 and denied the petition to revoke administration of decedent's estate. The parties raise several arguments on appeal. The first issue is whether section 733.208, Florida Statutes (1981), applies to intestate estates....

...ding or during administration, any interested person may offer the later will for probate. The proceedings shall be similar to those for revocation of probate. No later will or codicil may be offered after the closing of the estate. By its language, section 733.208 seems to apply only to testate estates because it refers to a later will which revokes the probated will and prohibits the offering of any such later will after the closing of the *1189 estate....

...The term "later will" refers to a will later in date than the will being probated. The use of the term "later will" implies that the legislature was referring only to testate estates, since that term would be meaningless in a discussion of intestate estates. Section 733.208, Florida Statutes (1981), is derived from section 732.32, Florida Statutes (1973). The earlier statute contained substantially the same language but did not include the last sentence of section 733.208, which prohibits the offering of a later will after the closing of an estate....

...the terminated probate proceedings which, because of the newly-discovered will, the recipient was not justly entitled to retain. In 1974, the legislature substantially revised the probate code. The provisions of section 732.32 were incorporated into section 733.208, Florida Statutes (1975). The provisions of section 732.33 were transferred to section 733.902, Florida Statutes (1975). The legislature made further changes in 1975. The wording of section 733.208 was changed slightly and the last sentence, prohibiting the offering of a later will after the closing of an estate, was added....

...§ 733.105, Fla. Stat. Determination of beneficiaries. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla....

...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. F.S. 733.207 Establishment and probate of lost or destroyed will. F.S. 733.208 Discovery of later will....

...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. F.S. 733.207 Establishment and probate of lost or destroyed will. F.S. 733.208 Discovery of later will....

Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. Discovery of later will. § 733

...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. F.S. 733.207 Establishment and probate of lost or destroyed will. F.S. 733.208 Discovery of later will....

Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. Discovery of later will. § 733.504

...Stat. Determination of beneficiaries. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. § 733.109, Fla. Stat. Revocation of probate. *1075 § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla....

...Determination of beneficiaries. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla....

...§ 733.105, Fla. Stat. Determination of beneficiaries. § 733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. § 733.109, Fla. Stat. Revocation of probate. § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla....

...731.201(35), Fla. Stat. (emphasis supplied). If a codicil is discovered during the pendency of the administration, “any interested person may offer the later will for probate. The proceedings shall be similar to those for revocation of probate.” § 733.208, Fla....

...Indeed, a lost will may be presented to the probate court at any time before the discharge of an estate. See § 733.207, Fla. Stat. (2022) (“Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate.”); § 733.208, Fla....

...Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. § 733.212(3), Fla. Stat. (2013). Section 733.208, Florida Statutes (2002), provides that after discovering a later will, “any interested person may petition to revoke the probate of the earlier will or to probate the later will or codicil.” An “interested person” is “any p...

...sted an independent personal representative be appointed. Thus, as it is clear from the allegations contained in these filings that appellant sought to revoke the probate of the first will and admit the second will, appellant satisfied both sections 733.208 and 733.212(3) despite technically failing to properly request relief....