When someone passes away, it can be an incredibly emotional time for their loved ones. Not only are they grieving the loss of their loved one, but they must also plan their funeral services and handle their estate. However, when there are issues probating the deceased’s estate, you may not know how to proceed. It’s important to understand that you may want to revoke the probate of the estate. You should know that this is an incredibly intricate process, so you’ll want to enlist the help of a Pasco County, FL probate lawyer to help you through this legal matter.
Why Might Someone Want to Revoke Probate?
When someone passes away and you have reason to believe the will they wrote is invalid, you can petition the court for revocation of probate. Generally, anyone with interest in the will, meaning they are a beneficiary or inheritor under Florida law, can file the petition to revoke probate in the same court overseeing the process. It’s important to note this must be done before the final discharge occurs.
If you believe the court admitted an old edition of the deceased’s will or the creator was under undue influence when writing the will or making changes, you may want to file to revoke probate.
If I Want to Petition the Process, What Should I Do?
As the beneficiary of an estate, you can petition the probate of an estate. However, because this is not something the courts take lightly, you’ll need to gather as much evidence as possible that shows the will is not valid. This can include speaking to family members, doctors and their estate planning attorney.
When you file, you must include your interest in the will and the grounds for which you want to revoke probate, along with the evidence. It’s important to understand that filing a petition of revocation will not halt the administrative duties of the executor.
If the Revocation Is Successful, What Happens Next?
If your renovation is successful, one of two options can happen – a prior version of the will can be probated in place of the current document or the estate will be handled according to Florida’s intestate succession laws.
When you learn as a beneficiary that a will has been admitted to probate and you have concerns about the validity of the document, you should connect with an experienced attorney from the Law Offices of Matthew J. Jowanna as soon as possible. Our legal team will assist you throughout these challenging times to help you achieve the best outcome possible for your circumstances. Connect with us today to learn how we can fight for you.
