Skip to Main Content

Ms. Diane Haimes Libguide on Florida Probate: Statutes

TITLE-FLORIDA STATUTES

Florida Statutes

Chapters 731 through 735 of the Florida Statutes contain the Florida Probate Code.

731: PROBATE CODE - GENERAL PROVISIONS

PART I

SHORT TITLE; CONSTRUCTION

731.005
Short title.
731.011
Determination of substantive rights; procedures.
731.102
Construction against implied repeal.
731.103
Evidence as to death or status.
731.1035
Applicable rules of evidence.
731.104
Verification of documents.
731.105
In rem proceeding.
731.1055
Disposition of real property.
731.106
Assets of nondomiciliaries.
731.109
Seal of the court.
731.110
Caveat; proceedings.
731.155
Applicability.

731: PROBATE CODE - GENERAL PROVISIONS

PART II

DEFINITIONS

731.201
General definitions.

731: PROBATE CODE - GENERAL PROVISIONS

PART III

NOTICE AND REPRESENTATION

731.301
Notice.
731.302
Waiver and consent by interested person.
731.303
Representation.
731.401
Arbitration of disputes.

732: INTESTATE SUCCESSION AND WILLS

PART I

INTESTATE SUCCESSION

732.101
Intestate estate.
732.102
Spouse’s share of intestate estate.
732.103
Share of other heirs.
732.104
Inheritance per stirpes.
732.105
Half blood.
732.106
Afterborn heirs.
732.107
Escheat.
732.108
Adopted persons and persons born out of wedlock.
732.1081
Termination of parental rights.
732.109
Debts to decedent.
732.1101
Aliens.
732.111
Dower and curtesy abolished.

732: INTESTATE SUCCESSION AND WILLS

PART II

ELECTIVE SHARE OF SURVIVING SPOUSE;
RIGHTS IN COMMUNITY PROPERTY

732.201
Right to elective share.
732.2025
Definitions.
732.2035
Property entering into elective estate.
732.2045
Exclusions and overlapping application.
732.2055
Valuation of the elective estate.
732.2065
Amount of the elective share.
732.2075
Sources from which elective share payable; abatement.
732.2085
Liability of direct recipients and beneficiaries.
732.2095
Valuation of property used to satisfy elective share.
732.2105
Effect of election on other interests.
732.2115
Protection of payors and other third parties.
732.2125
Right of election; by whom exercisable.
732.2135
Time of election; extensions; withdrawal.
732.2145
Order of contribution; personal representative’s duty to collect contribution.
732.2151
Award of fees and costs in elective share proceedings.
732.2155
Effective date; effect of prior waivers; transition rules.
732.216
Short title.
732.217
Application.
732.218
Rebuttable presumptions.
732.219
Disposition upon death.
732.221
Perfection of title of personal representative or beneficiary.
732.222
Purchaser for value or lender.
732.223
Perfection of title of surviving spouse.
732.224
Creditor’s rights.
732.225
Acts of married persons.
732.226
Limitations on testamentary disposition.
732.227
Homestead defined.
732.228
Uniformity of application and construction.

732: INTESTATE SUCCESSION AND WILLS

PART III

PRETERMITTED SPOUSE AND CHILDREN

732.301
Pretermitted spouse.
732.302
Pretermitted children.

732: INTESTATE SUCCESSION AND WILLS

PART IV

EXEMPT PROPERTY AND ALLOWANCES

732.401
Descent of homestead.
732.4015
Devise of homestead.
732.4017
Inter vivos transfer of homestead property.
732.402
Exempt property.
732.403
Family allowance.

732: INTESTATE SUCCESSION AND WILLS

PART V

WILLS

732.501
Who may make a will.
732.502
Execution of wills.
732.503
Self-proof of will.
732.504
Who may witness.
732.505
Revocation by writing.
732.506
Revocation by act.
732.507
Effect of subsequent marriage, birth, adoption, or dissolution of marriage.
732.508
Revival by revocation.
732.509
Revocation of codicil.
732.5105
Republication of wills by codicil.
732.511
Republication of wills by reexecution.
732.512
Incorporation by reference.
732.513
Devises to trustee.
732.514
Vesting of devises.
732.515
Separate writing identifying devises of tangible property.
732.5165
Effect of fraud, duress, mistake, and undue influence.
732.517
Penalty clause for contest.
732.518
Will contests.

732: INTESTATE SUCCESSION AND WILLS

PART VI

RULES OF CONSTRUCTION

732.6005
Rules of construction and intention.
732.601
Simultaneous Death Law.
732.603
Antilapse; deceased devisee; class gifts.
732.604
Failure of testamentary provision.
732.605
Change in securities; accessions; nonademption.
732.606
Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.
732.607
Exercise of power of appointment.
732.608
Construction of terms.
732.609
Ademption by satisfaction.
732.611
Devises to multigeneration classes to be per stirpes.
732.615
Reformation to correct mistakes.
732.616
Modification to achieve testator’s tax objectives.

732: INTESTATE SUCCESSION AND WILLS

PART VII

CONTRACTUAL ARRANGEMENTS
RELATING TO DEATH

732.701
Agreements concerning succession.
732.702
Waiver of spousal rights.
732.703
Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death.

732: INTESTATE SUCCESSION AND WILLS

PART VIII

GENERAL PROVISIONS

732.802
Killer not entitled to receive property or other benefits by reason of victim’s death.
732.804
Provisions relating to disposition of the body.
732.805
Spousal rights procured by fraud, duress, or undue influence.
732.806
Gifts to lawyers and other disqualified persons.

732: INTESTATE SUCCESSION AND WILLS

PART IX

PRODUCTION OF WILLS

732.901
Production of wills.

733: ADMINISTRATION OF ESTATES

PART I

GENERAL PROVISIONS

733.101
Venue of probate proceedings.
733.103
Effect of probate.
733.104
Suspension of statutes of limitation in favor of the personal representative.
733.105
Determination of beneficiaries.
733.1051
Limited judicial construction of will with federal tax provisions.
733.106
Costs and attorney fees.
733.1061
Fees and costs; will reformation and modification.
733.107
Burden of proof in contests; presumption of undue influence.
733.109
Revocation of probate.

733: ADMINISTRATION OF ESTATES

PART II

COMMENCING ADMINISTRATION

733.201
Proof of wills.
733.202
Petition.
733.204
Probate of a will written in a foreign language.
733.205
Probate of notarial will.
733.206
Probate of will of resident after foreign probate.
733.207
Establishment and probate of lost or destroyed will.
733.208
Discovery of later will.
733.209
Estates of missing persons.
733.212
Notice of administration; filing of objections.
733.2121
Notice to creditors; filing of claims.
733.2123
Adjudication before issuance of letters.
733.213
Probate as prerequisite to judicial construction of will.

733: ADMINISTRATION OF ESTATES

PART III

PREFERENCE IN APPOINTMENT AND
QUALIFICATIONS OF
PERSONAL REPRESENTATIVE

733.301
Preference in appointment of personal representative.
733.302
Who may be appointed personal representative.
733.303
Persons not qualified.
733.304
Nonresidents.
733.305
Trust companies and other corporations and associations.
733.306
Effect of appointment of debtor.
733.307
Succession of administration.
733.308
Administrator ad litem.
733.309
Executor de son tort.
733.3101
Personal representative not qualified.

733: ADMINISTRATION OF ESTATES

PART IV

FIDUCIARY BONDS

733.402
Bond of fiduciary; when required; form.
733.403
Amount of bond.
733.404
Liability of surety.
733.405
Release of surety.
733.406
Bond premium allowable as expense of administration.

733: ADMINISTRATION OF ESTATES

PART V

CURATORS; RESIGNATION AND REMOVAL
OF PERSONAL REPRESENTATIVES

733.501
Curators.
733.502
Resignation of personal representative.
733.503
Appointment of successor upon resignation.
733.5035
Surrender of assets after resignation.
733.5036
Accounting and discharge following resignation.
733.504
Removal of personal representative; causes for removal.
733.505
Jurisdiction in removal proceedings.
733.506
Proceedings for removal.
733.5061
Appointment of successor upon removal.
733.508
Accounting and discharge of removed personal representatives upon removal.
733.509
Surrender of assets upon removal.

733: ADMINISTRATION OF ESTATES

PART VI

DUTIES AND POWERS OF PERSONAL
REPRESENTATIVE

733.601
Time of accrual of duties and powers.
733.602
General duties.
733.603
Personal representative to proceed without court order.
733.604
Inventories and accountings; public records exemptions.
733.6065
Opening safe-deposit box.
733.607
Possession of estate.
733.608
General power of the personal representative.
733.609
Improper exercise of power; breach of fiduciary duty.
733.610
Sale, encumbrance, or transaction involving conflict of interest.
733.611
Persons dealing with the personal representative; protection.
733.612
Transactions authorized for the personal representative; exceptions.
733.6121
Personal representative; powers as to environmental issues relating to property subject to administration; liability.
733.613
Personal representative’s right to sell real property.
733.614
Powers and duties of successor personal representative.
733.615
Joint personal representatives; when joint action required.
733.616
Powers of surviving personal representatives.
733.617
Compensation of personal representative.
733.6171
Compensation of attorney for the personal representative.
733.6175
Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
733.619
Individual liability of personal representative.
733.620
Exculpation of personal representative.

733: ADMINISTRATION OF ESTATES

PART VII

CREDITORS’ CLAIMS

733.701
Notifying creditors.
733.702
Limitations on presentation of claims.
733.703
Form and manner of presenting claim.
733.704
Amendment of claims.
733.705
Payment of and objection to claims.
733.706
Executions and levies.
733.707
Order of payment of expenses and obligations.
733.708
Compromise.
733.710
Limitations on claims against estates.

733: ADMINISTRATION OF ESTATES

PART VIII

SPECIAL PROVISIONS FOR
DISTRIBUTION

733.801
Delivery of devises and distributive shares.
733.802
Proceedings for compulsory payment of devises or distributive interest.
733.803
Encumbered property; liability for payment.
733.805
Order in which assets abate.
733.806
Advancement.
733.808
Death benefits; disposition of proceeds.
733.809
Right of retainer.
733.810
Distribution in kind; valuation.
733.811
Distribution; right or title of distributee.
733.812
Improper distribution or payment; liability of distributee or payee.
733.813
Purchasers from distributees protected.
733.814
Partition for purpose of distribution.
733.815
Private contracts among interested persons.
733.816
Disposition of unclaimed property held by personal representatives.
733.817
Apportionment of estate taxes.

733: ADMINISTRATION OF ESTATES

PART IX

CLOSING ESTATES

733.901
Final discharge.
733.903
Subsequent administration.

GAVEL

Gavel, Auction, Hammer, Justice, Legal

734: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

PART I

GENERAL PROVISIONS

734.101
Foreign personal representative.
734.102
Ancillary administration.
734.1025
Nonresident decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims.
734.104
Foreign wills; admission to record; effect on title.

734: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

PART II

JURISDICTION OVER FOREIGN
PERSONAL REPRESENTATIVES

734.201
Jurisdiction by act of foreign personal representative.
734.202
Jurisdiction by act of decedent.

 

735: SMALL ESTATES

PART I

SUMMARY ADMINISTRATION

735.201
Summary administration; nature of proceedings.
735.202
May be administered in the same manner as other estates.
735.203
Petition for summary administration.
735.2055
Filing of petition.
735.206
Summary administration distribution.
735.2063
Notice to creditors.

735: SMALL ESTATES

PART II

DISPOSITION OF PERSONAL PROPERTY
WITHOUT ADMINISTRATION

735.301 Disposition without administration.
735.302 Income tax refunds in certain cases.

Search the Library to locate books, e-books, videos, articles, journals...
Search For

Other Search Options