Florida Statute 731.106 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 731.106

Total Results: 4

Matter of Rivera

5 B.R. 313, 1980 Bankr. LEXIS 4773

United States Bankruptcy Court, M.D. Florida | Filed: Jul 23, 1980 | Docket: 1085693

Cited 14 times | Published

purposes, i.e. inheritance, Florida Statutes, § 731.106, is without significance in the context of the

Saunders v. Saunders

796 So. 2d 1253, 2001 WL 1230260

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1672393

Cited 2 times | Published

his Florida real property, as required by section 731.106(2), Florida Statutes (1999). The trial court

Colin Markes and Sharon Hart- Corrigan v. Estate of Keith Albert Markes

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998665

Published

estate under the laws of the decedent’s domicile. § 731.106(2), Fla. Stat. (2023). In addition, section 732

Fajardo v. Domingo

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

District Court of Appeal of Florida | Filed: Apr 14, 1992 | Docket: 64666760

Published

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