Will Contest in Florida by Sandy Pineda: Primary Sources

Florida Statutes Chapters 731-735 is what is known as the Florida Probate Code.  These statutes govern matters pertaining to the estates of decedents.

• The state of Florida gives a person freedom to dispose of his property (known as his or her “estate”) at his/her death, this freedom is gained only through the execution of a valid will.  To be valid a will must meet defined formalities. Will execution formalities and the consequences of not having a valid will are found in the Florida Probate Code.

The Uniform Probate Code (UPC) is a statutory model for state probate statutes. The UPC has been adopted, at least in part, by 18 states and Florida is one of the states.   Additionally, those states that have not adopted the UPC have still had their statutes heavily influenced by it. In fact, most law students studying Wills, Trusts, and Estates will use the UPC as the default for learning. The UPC was drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The UPC was originally drafted in 1969 in order to streamline the rules regarding Wills, Will Substitutes, Trusts, Intestacy and the probate process in general.

A general SUMMARY of the UPC by the NCCUSL. 

A pdf of the UPC Final Act (amended version as of 2010)

You can also find relevant law and information on the following subscription databases: