In re the Estate of Filion

GRIMES, Judge.

This appeal involves the timeliness of the renunciation of benefits under a will by one seeking to revoke the probate of the will.

Carrie Dokken Filion died on January 20, 1976. Her will was admitted to probate ten days later. Pursuant to Section 733.212(1), Florida Statutes (1975), the personal representative published and served a notice of administration on all beneficiaries under the will. The first date of publication was February 5, 1976.

On May 4, 1976, the decedent’s brother who was a beneficiary under the will filed a petition to revoke the probate of the will. On July 9,…