731.106
Assets of nondomiciliaries.
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731.106 Assets of nondomiciliaries.—
(1) A debt in favor of a nondomiciliary, other than one evidenced by investment or commercial paper or other instrument, is located in the county where the debtor resides or, if the debtor is not an individual, at the place where the debtor has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is at the time of death.
(2) When a nonresident decedent, whether or not a citizen of the United States, provides by will that the testamentary disposition of tangible or intangible personal property having a situs within this state shall be construed and regulated by the laws of this state, the validity and effect of the dispositions shall be determined by Florida law. The court may, and in the case of a decedent who was at the time of death a resident of a foreign country the court shall, direct the personal representative appointed in this state to make distribution directly to those designated by the decedent’s will as beneficiaries of the tangible or intangible property or to the persons entitled to receive the decedent’s personal estate under the laws of the decedent’s domicile.
History.—s. 3, ch. 75-220; s. 1, ch. 77-174; s. 947, ch. 97-102; s. 7, ch. 2001-226; s. 2, ch. 2016-189.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1980–2025 · leading case: Saunders v. Saunders
Saunders v. Saunders (2001)
“The trial court denied Appellant's petition on grounds that Florida law is inapplicable because the nondomiciliary testator did not provide in his will that Florida law would regulate the disposition of his Florida real property, as required by section 731.106(2), Florida…”
Matter of Rivera (1980)
“inheritance, Florida Statutes, § 731.106, is without significance in the context of the present controversy.”
Colin Markes and Sharon Hart- Corrigan v. Estate of Keith Albert Markes (2025)
“§ 731.106(2), Fla. Stat. (2023). In addition, section 732.”
Fajardo v. Domingo (1992)
“Section 731.106(2), Florida Statutes (1991) states in part: The court may, and in the case of a decedent who was at the time of his death a resident of a foreign country the court shall, direct the personal representative appointed in this state to make distribution directly to…”
— 731.106(2) — 3 cases
Saunders v. Saunders (2001)
“The trial court denied Appellant's petition on grounds that Florida law is inapplicable because the nondomiciliary testator did not provide in his will that Florida law would regulate the disposition of his Florida real property, as required by section 731.106(2), Florida…”
Colin Markes and Sharon Hart- Corrigan v. Estate of Keith Albert Markes (2025)
“§ 731.106(2), Fla. Stat. (2023). In addition, section 732.”
Fajardo v. Domingo (1992)
“Section 731.106(2), Florida Statutes (1991) states in part: The court may, and in the case of a decedent who was at the time of his death a resident of a foreign country the court shall, direct the personal representative appointed in this state to make distribution directly to…”
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