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Amendment of Petitions In Contested Probate Proceedings

By: Brandan J. Pratt, Esq., CFP® and Jennifer L. Fox, Esq.

In Winslow v. Deck, 225 So. 3d 276 (4th DCA 2017), the issue presented to the appellate court was whether the trial court erred in dismissing appellant’s counter-petition for administration on the grounds that appellant failed to properly request relief to revoke a prior will admitted to probate within three months of receiving a notice of administration of the Decedent’s estate. Section 733.212(3), Florida Statute, provides in pertinent part that “any interested person on whom a copy of the notice of administration is served must object to the validity of the will…by filing a petition or other pleading requesting relief… on or before the date that is 3 months after the date of service… or those objections are forever barred.” Section 733.208, Florida Statute, provides that “on the discovery of a later will or codicil, any interested person may petition to revoke the probate of a prior will or probate a later will.”

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