What it means
Section 733.109 governs a proceeding to revoke the probate of a will. Under subsection (1), it is brought in the court having jurisdiction over the administration. Any interested person, including a beneficiary under a prior will, may commence it before final discharge of the personal representative, unless barred under § 733.212 or § 733.2123.
Under subsection (2), while a petition is pending the personal representative proceeds with the administration 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. Under subsection (3), revocation does not affect or impair title to property purchased in good faith for value from the personal representative before an order of revocation.
- The proceeding is brought in the court having jurisdiction over the administration (§ 733.109(1)).
- Any interested person, including a beneficiary under a prior will, may commence it (§ 733.109(1)).
- It may be commenced before final discharge of the personal representative, unless barred under § 733.212 or § 733.2123 (§ 733.109(1)).
- While the petition is pending, administration continues, but no distribution may contravene the rights of those who would take but for the will (§ 733.109(2)).
- Title to property purchased in good faith for value before an order of revocation is not affected or impaired (§ 733.109(3)).
Text of the statute (2026)
(1) A proceeding to revoke the probate of a will shall be brought in the court having jurisdiction over the administration. Any interested person, including a beneficiary under a prior will, unless barred under s. 733.212 or s. 733.2123, may commence the proceeding before final discharge of the personal representative.
(2) Pending the determination of any petition 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.
(3) Revocation of probate of a will shall not affect or impair the title to property purchased in good faith for value from the personal representative prior to an order of revocation.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.109.
History. s. 1, ch. 74-106; s. 50, ch. 75-220; s. 18, ch. 77-87; s. 227, ch. 77-104; s. 84, ch. 2001-226.
How it applies
A revocation proceeding is brought in the court having jurisdiction over the administration (§ 733.109(1)). Two limits control timing: final discharge under § 733.109(1), and the bar in § 733.212(3), which ends objections to the validity of the will 3 months after service of the notice of administration on the objecting person, and in any event at the earlier of final discharge or 1 year after service.
While a petition is pending, the personal representative continues to administer the estate, but distributions that contravene the rights of those who, but for the will, would be entitled to the property are not allowed (§ 733.109(2)). Subsection (3) protects good-faith purchasers for value from the personal representative.
Where this shows up
Pages on this site where § 733.109 does real work:
Questions people ask
Sources
- Fla. Stat. § 733.109 (Who may petition to revoke probate, when, and the effect of a pending petition.)
- Fla. Stat. § 733.212 (3-month and 1-year bars on objections to the validity of a will after service of the notice of administration.)
Last checked: October 17, 2026
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