Admission of Will to Probate - Later Discovered Codicils
Appellant appeals an order from the probate court dismissing her petition for revocation of probate for failure to file a statement of claim pursuant to section 733.212(1)(b), Florida Statutes.
Statutes section 733.109(1) permitted a petition for revocation to be filed at any time prior to the discharge of the personal representatives.
Appellee cites In re Williamson's Estate, 95 So. 2d 244 (Fla. 1957), in arguing that the admission to probate of the later-discovered codicils does not commence a new period for objections to the codicils.
However, as appellant points out, Williamson involved the claims of general creditors, not the claims of a beneficiary under a will modified by a later-discovered will or codicil.
Because a beneficiary's objections relate directly to the terms of the will itself, beneficiaries should be afforded an opportunity to challenge the validity of a later-discovered will during a new limitation period running from service of notice of administration with respect to the new will.
Because the personal representatives did not give appellant formal notice of the administration of the two subsequently filed codicils, section 733.109 allows her to petition for revocation of probate before discharge of the personal representative.
See In re Estate of Ballett, 426 So. 2d 1196, 1199 (Fla. 4th DCA 1983)("If interested persons are to be limited by special time constraints, the personal representative must strictly comply with the statute authorizing such limitations. "). Accordingly, we reverse the probate court's dismissal of appellant's petition and remand for further proceedings.