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Liquidating chapter 11 discharge

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Whenever a proceeding is filed laying venue in an improper county, the court may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure.Any action taken by the court or the parties before the transfer is not affected by the improper venue.733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will.Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought. Unless creditors’ claims are otherwise barred by s.The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness. If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure.On the discovery of a later will or codicil, any interested person may petition to revoke the probate of the earlier will or to probate the later will or codicil. Liability, if any, for the failure is on the estate.That an election to take an elective share must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or a guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death. On the death of a sole or surviving personal representative, the court shall appoint a successor personal representative to complete the administration of the estate.Any interested person on whom a copy of the notice of administration is served must object to the validity of the will, the venue, or the jurisdiction of the court by filing a petition or other pleading requesting relief in accordance with the Florida Probate Rules on or before the date that is 3 months after the date of service of a copy of the notice of administration on the objecting person, or those objections are forever barred. When an estate must be represented and the personal representative is unable to do so, the court shall appoint an administrator ad litem without bond to represent the estate in that proceeding.

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If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death.

In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. A proceeding to revoke the probate of a will shall be brought in the court having jurisdiction over the administration. 733.710, the personal representative shall promptly publish a notice to creditors.

Any interested person, including a beneficiary under a prior will, unless barred under s. 733.2123, may commence the proceeding before final discharge of the personal representative. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication.

In determining the testator’s probable intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will.

Unless otherwise ordered by the court, during the applicable period and without court order, the personal representative administering a will containing one or more provisions described in subsection (1) may: A person nominated as personal representative, or any proponent of a will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive costs and attorney fees from the estate even though probate is denied or revoked. 736.1006, the court, in its discretion, may direct from what part of the estate they shall be paid.