Florida · statute · Fla. Stat. ch. 733 · 95 active provisions
(1) The venue for probate of wills and granting letters shall be:(a) In the county in this state where the decedent was domiciled.(b) If the decedent had no domicile in this state, then in any county where the decedent’s property is located.(c) If the decedent had no domicile in this state and possessed no property in…
(1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator.(2) In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclu…
(1) 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 o…
(1) When property passes by intestate succession or the will is unclear and there is doubt about:(a) Who is entitled to receive any part of the property, or(b) The shares and amounts that any person is entitled to receive,any interested person may petition the court to determine beneficiaries or their shares.(2) Any pe…
(1) Upon the application of a personal representative or a person who is or may be a beneficiary who is affected by the outcome of the construction, a court at any time may construe the terms of a will to define the respective shares or determine beneficiaries, in accordance with the intention of a testator, if a dispo…
(1) In all probate proceedings, costs may be awarded as in chancery actions.(2) 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 att…
(1) In a proceeding arising under s. 732.615 or s. 732.616, the court shall award taxable costs as in chancery actions, including attorney’s fees and guardian ad litem fees.(2) When awarding taxable costs, including attorney’s fees and guardian ad litem fees, under this section, the court in its discretion may direct p…
(1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissib…
(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.…
(1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. However, a purportedly self-proved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if the execution of such electronic will, or the acknowledgment by the tes…
Any interested person may petition for administration.
(1) No will written in a foreign language shall be admitted to probate unless it is accompanied by a true and complete English translation.(2) No personal representative who complies in good faith with the English translation of the will as established by the court shall be liable for doing so.
(1) When a copy of a notarial will in the possession of a notary entitled to its custody in a foreign state or country, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, whose official position, signature, and seal of office are further authe…
(1) If a will of any person who dies a resident of this state is admitted to probate in any other state or country through inadvertence, error, or omission before probate in this state, the will may be admitted to probate in this state if the original could have been admitted to probate in this state.(2) An authenticat…
Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate. 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.
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. No will or codicil may be offered after the testate or intestate estate has been completely administered and the personal representative discharged.
Any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the missing person is dead.
(1) The personal representative shall promptly serve a copy of the notice of administration on the following persons who are known to the personal representative:(a) The decedent’s surviving spouse;(b) Beneficiaries;(c) The trustee of any trust described in s. 733.707(3) and each qualified beneficiary of the trust as d…
(1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. 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…
A petitioner may serve formal notice of the petition for administration on interested persons. A person who is served with such notice before the issuance of letters or who has waived notice may not challenge the validity of the will, testacy of the decedent, venue, or jurisdiction of the court, except in the proceedin…
A will may not be construed until it has been admitted to probate.
(1) In granting letters of administration, the following order of preference shall be observed:(a) In testate estates:1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will.2. The person selected by a majority in interest of the persons entitled to th…
Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.
(1) A person is not qualified to act as a personal representative if the person:(a) Has been convicted of a felony.(b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101.(c) Is mentally or physical…
A person who is not domiciled in the state cannot qualify as personal representative unless the person is:(1) A legally adopted child or adoptive parent of the decedent;(2) Related by lineal consanguinity to the decedent;(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone relate…