Florida Statutes

Fla. Stat. § 731.011 (2025)

Determination of substantive rights; procedures.

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731.011 Determination of substantive rights; procedures.—The code became effective on January 1, 1976. The substantive rights of all persons that vested prior to January 1, 1976, shall be determined as provided in former chapters 731-737 and 744-746. The procedures for the enforcement of vested substantive rights shall be as provided in the Florida Probate Rules.

History.—s. 4, ch. 74-106; ss. 2, 113, ch. 75-220; s. 5, ch. 2001-226.

Notes of Decisions

Cited in 13 cases, 1976–2010 · leading case: In Re Est. of Jelley, 360 So. 2d 1313 (Fla. 2d DCA 1978).

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In Re Est. of Jelley, 360 So. 2d 1313 (Fla. 2d DCA 1978). · cites it 3× “Nevertheless, it has been argued that an express, clear and manifest intent can be found in the following provision, Section 731.011, of the new probate code: 731.”

In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “See section 731.011, Florida Statutes. 1977 Revision: The changes in these rules shall take effect on July 1, 1977.”

Baillargeon v. Sewell, 33 So. 3d 130 (Fla. 2d DCA 2010). · cites it 2× “See § 731.011, Fla. Stat. (2007). 4 . Section 733.”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “See section 731.011, Florida Statutes. 1977 Revision: The changes in these rules shall take effect on July 1, 1977.”

Haney v. Holmes, 364 So. 2d 81 (Fla. 2d DCA 1978). · cites it 2× “NOTES [1] We are not unaware of § 731.011, Fla. Stat. (1975), which provides: The Florida Probate Code shall become effective on January 1, 1976.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). “See F.S. 731.011. 1977 Revision: The changes in these rules shall take effect on July 1, 1977.”

Tenopir v. Boles Est., 342 So. 2d 130 (Fla. 1st DCA 1977). · cites it 6× “The new Florida Probate Code, which became effective on January 1, 1976, repealed the old code with certain exceptions mentioned in § 731.011, Fla. Stat. 1975, which will be subsequently discussed.”

Est. of Garcia v. Garcia, 399 So. 2d 486 (Fla. 3d DCA 1981). · cites it 2× “Section 731.011, Florida Statutes (1977), the Florida Probate Code, tells us that procedural *489 rights under the Probate Code apply prospectively whereas vested substantive rights remain unaffected and are determined by the law in effect at the time of death.”

In re the Est. of Broome, 375 So. 2d 594 (Fla. 4th DCA 1979). · cites it 4× “As to the Court Selecting Assets Section 731.011, Florida Statutes (1975), effective January 1, 1976, provides: Determination of Substantive Rights; Procedures.”

In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 2× “See section 731.011, Florida Statutes. 1977 Revision: The changes in these rules shall take effect on July 1, 1977.”

Donner v. Anton, 364 So. 2d 763 (Fla. 3d DCA 1978).

In re Cole's Est., 44 Fla. Supp. 153 (Fla. Cir. Ct., Palm Beach Cty. 1976). · cites it 2× “§731.011 of the Probate Code provides that the substantive rights of all persons that have vested prior to January 1, 1976 shall be determined as provided in the previous Probate Act as they existed prior to Januáry 1, 1976, and that the procedures for enforcement of substántivé…”

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