Florida Probate Rule 5.270

Revocation of Probate

Text of the rules effective October 1, 2026.

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  1. (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.
  2. (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.

Notes

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
Extensive changes. Committee notes revised.
1988
Language of subdivision (b) of the rule rewritten to track the statute more closely. Committee notes expanded. Citation form change in committee notes.
1992
Committee notes revised. Citation form changes in committee notes.
2003
Committee notes revised.
2005
“Beneficiaries” substituted for “devisees” in subdivision (b) to conform language to section 733.109(2), Florida Statutes.
2007
Committee notes revised.

References

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

Commentary from Matt Weidner

Probate attorney, Weidner Law, St. Petersburg. Videos open in a player.

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