Florida Statute 731.106 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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F.S. 731.106

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.

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Amendments to 731.106

Arrestable Offenses / Crimes under Fla. Stat. 731.106

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 731.106.

Annotations, Discussions, Cases:

Cases Citing Statute 731.106

Total Results: 2

Saunders v. Saunders

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-17T00:00:00-07:00

Citation: 796 So. 2d 1253

Snippet: Florida real property, as required by section 731.106(2), Florida Statutes (1999). The trial court concluded…the trial court's construction of section 731.106(2) impermissibly supersedes Florida's common…inapplicable based upon the plain wording of section 731.106(2), which controls the disposition of this case…case. We agree with Appellee and affirm. Section 731.106(2), Florida Statutes (1999), in pertinent part …of law from a common law rule, as does section 731.106(2). See McGhee v. Volusia County, 679 So.2d 729

Fajardo v. Domingo

Court: Fla. Dist. Ct. App. | Date Filed: 1992-04-14T00:00:00-07:00

Citation: 597 So. 2d 362, 1992 Fla. App. LEXIS 4243

Snippet: as a beneficiary was, however, error. Section 731.106(2), Florida Statutes (1991) states in part: The