Florida Probate Rule 5.270
RULE 5.270. REVOCATION OF PROBATE
(a) Petition and Contents. A petition for revocation of
probate shall state the interest of the petitioner in the estate and
the facts constituting the grounds on which revocation is
demanded.
(b) Continued Administration. Pending the determination
of any issue 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.
Committee Notes
This rule represents a rule implementation of the procedure
found in section 733.109(2), Florida Statutes. It is not intended to
change the effect of the statute from which it was derived but has
been reformatted to conform with the structure of these rules. It is
not intended to create a new procedure or modify an existing
procedure. The committee believes that subsections (1) and (3) of
the statute are substantive, and have therefore not been included.
Further, this rule revises subdivision (b) of the prior similar rule to
track the language in the statute from which it was derived.
Rule History
1984 Revision: Extensive changes. Committee notes revised.
1988 Revision: Language of subdivision (b) of the rule
rewritten to track the statute more closely. Committee notes
expanded. 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(23), Fla. Stat. General definitions.
§ 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and
undue influence.
§ 733.109, Fla. Stat. Revocation of probate.
§ 733.212, Fla. Stat. Notice of administration; filing of
objections.
§ 733.2123, Fla. Stat. Adjudication before issuance of letters.
Rule References
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.240 Notice of administration.
(a) Petition and Contents. A petition for revocation of
probate shall state the interest of the petitioner in the estate and
the facts constituting the grounds on which revocation is
demanded.
(b) Continued Administration. Pending the determination
of any issue 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.
Committee Notes
This rule represents a rule implementation of the procedure
found in section 733.109(2), Florida Statutes. It is not intended to
change the effect of the statute from which it was derived but has
been reformatted to conform with the structure of these rules. It is
not intended to create a new procedure or modify an existing
procedure. The committee believes that subsections (1) and (3) of
the statute are substantive, and have therefore not been included.
Further, this rule revises subdivision (b) of the prior similar rule to
track the language in the statute from which it was derived.
Rule History
1984 Revision: Extensive changes. Committee notes revised.
1988 Revision: Language of subdivision (b) of the rule
rewritten to track the statute more closely. Committee notes
expanded. 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(23), Fla. Stat. General definitions.
§ 732.5165, Fla. Stat. Effect of fraud, duress, mistake, and
undue influence.
§ 733.109, Fla. Stat. Revocation of probate.
§ 733.212, Fla. Stat. Notice of administration; filing of
objections.
§ 733.2123, Fla. Stat. Adjudication before issuance of letters.
Rule References
Fla. Prob. R. 5.025 Adversary proceedings.
Fla. Prob. R. 5.040 Notice.
Fla. Prob. R. 5.240 Notice of administration.