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Is it too late to contest a will when it’s in probate?

Dealing with the death of a loved one can be a devastating and confusing time. In addition to your grief, you may encounter many logistical or legal issues after a loved one passes away.

Your loved one’s estate plan is the roadmap for the legacy they hoped to pass on to those left behind. It can be challenging to learn that you need to pursue other legal actions because a loved one’s will appears to be invalid. If the will is already in the probate process, you need to discuss filing a petition for revocation of probate with an experienced probate litigation attorney.

This is what you should know about revoking probate of a will in Florida.

What information do I need to get started?

The probate process can be quite lengthy, depending on the size of the estate and the beneficiaries of the will, among other factors. Thankfully, when there appears to be an issue with the validity of the will, interested parties can petition the court to revoke the probate of the will and contest the will’s validity.

To revoke the probate process, you must state the facts supporting your claim that the will is invalid.

While the court contemplates whether or not to revoke probate, the administration process could continue as though there was no petition for revocation except that no distribution will be made to beneficiaries until the matter is fully resolved. If the court decides to revoke probate, the case will continue similar to other civil litigation issues.

Statute of limitations

In Florida, you must file your petition to revoke probate and contest the will within three months of receiving proper service of the notice of administration. While there are some exceptions, they are extremely limited.

If you suspect your loved one lacked the mental capacity to create a will, or if you believe they were subject to undue influence when creating their will, it is essential to act quickly to revoke the probate process. Talk to an experienced professional to advise you about that process so you can determine the best way to ensure your loved one’s wishes are carried out.

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