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Florida Statute 732.901 - Full Text and Legal Analysis Florida Statute 732.901 | Lawyer Caselaw & Research
Fla. Stat. § 732.901 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
732.901 Production of wills.
(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to the clerk upon deposit.
(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. All costs, damages, and a reasonable attorney’s fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.
(3) An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk.
(4) Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. Transforming and storing a will on film, microfilm, magnetic, electronic, optical, or other substitute media or recording a will onto an electronic recordkeeping system, whether or not in accordance with the standards adopted by the Supreme Court of Florida, or permanently recording a will does not eliminate the requirement to preserve the original will.
(5) For purposes of this section, the term “will” includes a separate writing as described in s. 732.515.
History.s. 1, ch. 74-106; s. 44, ch. 75-220; s. 18, ch. 92-200; s. 972, ch. 97-102; s. 59, ch. 2001-226; s. 8, ch. 2013-172.
Note.Created from former s. 732.22.

Cases Citing F.S. 732.901

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·Andrews v. McGowan, 739 So. 2d 132 (Fla. 5th DCA 1999).

Cited 17 times | Published | Florida 5th District Court of Appeal | 1999 WL 533596

...*137 The summary judgment for Woodlawn Memorial is AFFIRMED. GOSHORN and GRIFFIN, JJ., concur. NOTES [1] This appeal has been stayed in respect to Levitt Weinstein which is in bankruptcy. This opinion, therefore, disposes only of the appeal of the summary judgment for appellee, Woodlawn. [2] See, e.g., section 732.901, Florida Statutes, dealing with anatomical gifts (organ donations)....
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Cited as authority(citing case) (2021)
phrase: "rule_authority"
Cited as authorityConnor (2006)
phrase: "rule_authority"
Cited as authorityMcRae (2006)
phrase: "rule_authority"
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·In re Amendments to the Florida Rules of Civil Procedure, 102 So. 3d 451 (Fla. 2012).

Cited 2 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 638, 2012 Fla. LEXIS 2063, 2012 WL 4936363

...the actual document. These unique aspects could be lost forever if the original document were converted to electronic form and the original destroyed. Rule History 2012 Revision: New Rule. w ÍD ¡3 n \U1 tions. Ü C¡ (B I V. 3 p* XJl ct-O oq rH CO § 732.901, Fla....
...ted an e-mail address for service. See In re E-mail Service Rule, No. SC10-2101, slip op. at 7. . Pursuant to Florida law, original wills are "deposited” with the clerk of court having venue over the decedent’s estate, rather than "filed.” See § 732.901(1), Fla....
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Cited as authority(citing case) (2016)
phrase: "rule_authority"
Cited as authorityIn Re: Amendments to Florida Rule of Appellate Procedure 9.200 (2015)
phrase: "rule_authority"
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·Florida Bar, 537 So. 2d 500 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

...F.S. 732.107 Escheat. F.S. 732.212 Time of election. F.S. 732.402 Exempt property. F.S. 732.801(5) Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. F.S. 732.803 Charitable devises. F.S. 732.901 Production of wills....
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ApprovedIn Re Hill (1991)
phrase: "approved by"
Cited as authorityIn Re Hill (1991)
phrase: "rule_authority"
ApprovedHill (1991)
phrase: "approved by"
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·In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla. Stat. Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. § 732.901, Fla....
0 red0 yellow4 green0 procedural
Cited as authority(citing case) (2014)
phrase: "rule_authority"
Cited as authorityShellito (2013)
phrase: "rule_authority"
Cited as authority(citing case) (2011)
phrase: "rule_authority"
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·Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...§ 732.21235, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla. Stat. Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. § 732.901, Fla....
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AdoptedBlair (2016)
phrase: "adopted by"
Cited as authorityBlair (2016)
phrase: "rule_authority"
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In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

...§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla. Stat. Disclaimer of interests in property pássing by will or intestate succession or under certain powers of appointment. § 732.901, Fla....
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Florida Bar, 531 So. 2d 1261 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

...F.S. 732.107 Escheat. F.S. 732.212 Time of election. F.S. 732.402 Exempt property. F.S. 732.801(5) Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. F.S. 732.803 Charitable devises. F.S. 732.901 Production of wills....
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Rossen v. Bilchik, 46 So. 3d 1233 (Fla. 4th DCA 2010).

Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 17654, 2010 WL 4628288

PER CURIAM. These consolidated appeals arose out of a disagreement between two sisters after their father’s death. Appellee Janice Bil-chik filed a petition against appellant Betsy Ann Rossen under section 732.901, Florida Statutes (2008); subsection (2) of that statute provides: Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will as provided in subsection (1) [requiring deposit of a will “with...
...Bilchik filed the petition with the clerk on January 11, 2008. Without a hearing and without any proof that the petition had been received by Rossen, on January 15, 2008, a circuit judge entered an order that was tantamount to a final judgment granting full relief under section 732.901 by requiring Rossen to produce the will and awarding $2,500 in attorney’s fees against her....
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In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...2020 Revision: Added reference to deposit of electronic wills consistent with section 732.526, Florida Statutes. Committee notes revised. Statutory References § 731.201(16), (40), Fla. Stat. General definitions. § 732.526, Fla. Stat. Probate. § 732.901, Fla....

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