CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...guardianship changed to the county of the acquired domicile residence. Committee Notes Subdivision (b) of this rule represents a rule implementation of the procedure found in section 744.202(3), Florida Statutes. Rule History 1975 Revision: Same as § 733.101(3), Fla....
...1988 Revision: Prior rule renumbered as (a). New (b) is rule implementation of procedure in § 744.202(2), Florida Statutes. Editorial changes. Committee notes expanded. Citation form changes in rule and committee notes. 1991 Revision: Editorial changes. Statutory References § 733.101, Fla....
0 red0 yellow6 green0 procedural
Cited as authorityMorgenthau (2009)phrase: "rule_authority"
Cited as authorityHayes (2006)phrase: "rule_authority"
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 591257
...A Florida court may have jurisdiction over the distribution of a decedent's estate if Florida was the decedent's domicile at the time of his death or if the decedent owned property in Florida at the time of his death. See Biederman v. Cheatham,
161 So.2d 538 (Fla. 2d DCA 1964); see also §
733.101, Fla....
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Cited as authorityCompanioni (2007)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Weatherking, Incorporated,
359 So.2d 35 (Fla. 4th DCA 1978). The motion to transfer venue asserts that suit must be brought in the county of appellant's residence. Venue of the probate proceedings was properly laid in the county of decedent's last residence, Broward County. §
733.101, Fla....
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Review deniedColominas (2001)phrase: "review denied"
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...General definitions. §
731.301, Fla. Stat. Notice. §
731.302, Fla. Stat. Waiver and consent by interested person. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla....
...2003 Revision: Rule completely revised to comply with statutory changes. Committee notes revised. 2007 Revision: Committee notes revised. Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(21)(23), Fla. Stat. General definitions. *157 §
733.101, Fla....
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Cited as authorityTaplin (2012)phrase: "rule_authority"
Cited as authorityReid (2008)phrase: "rule_authority"
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...§
731.302, Fla. Stat. Waiver and consent by interested person. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.402, Fla. Stat. Exempt property. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2006 WL 1006440
...4th DCA 1997); Orbe v. Orbe,
651 So.2d 1295, 1297 (Fla. 5th DCA 1995). Nevertheless, we conclude that in probate, domicile is simply a fact issue, the significance of which will vary from case to case. In probate, domicile is treated as a component of venue. See §
733.101(1), Florida Statutes....
0 red0 yellow0 green1 procedural
Cert. deniedKlem (2008)phrase: "cert. denied"
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...ounty of the acquired domicile. Committee Notes Paragraph (b) of this rule represents a rule implementation of the procedure found in F.S. 744.202(2). The language added as new (b) is identical with the statute. Rule History 1975 Revision: Same as F.S. 733.101(3)....
...1977 Revision: Title changed to indicate that the rule is one dealing with transfer. 1988 Revision: Prior rule renumbered as (a). New (b) is rule implementation of procedure in F.S. 744.202(2). Editorial changes. Committee notes expanded. Citation form changes in rule and committee notes. Statutory References F.S. 733.101 Venue of probate proceedings....
0 red0 yellow4 green0 procedural
Cited as authorityIn Re Hill (1991)phrase: "rule_authority"
ApprovedHill (1991)phrase: "approved by"
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...ue of the guardianship changed to the county of the acquired residence. Committee Notes Subdivision (b) of this rule represents a rule implementation of the procedure found in section 744.202(3), Florida Statutes. Rule History 1975 Revision: Same as section 733.101(3), Florida Statutes....
...Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Change in (b) to add reference to guardian advocate. Committee notes revised. Statutory References ch. 47, Fla. Stat. Venue. §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
733.101, Fla....
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Cited as authorityShellito (2013)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...ue of the guardianship changed to the county of the acquired residence. Committee Notes Subdivision (b) of this rule represents a rule implementation of the procedure found in section 744.202(3), Florida Statutes. Rule History 1975 Revision: Same as section 733.101(3), Florida Statutes....
...Citation form changes in rule and committee notes. 1991 Revision: Editorial changes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References ch. 47, Fla. Stat. Venue. § 733.101, Fla....
...1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References §
92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements. §
733.101, Fla....
...Committee notes revised. Statutory References §
731.201(21), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
731.302, Fla. Stat. Waiver and consent by interested person. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla....
...Citation form changes in committee notes. 2003 Revision: Rule completely revised to comply with statutory changes. Committee notes revised. Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(21), Fla. Stat. General definitions. §
733.101, Fla....
0 red0 yellow2 green0 procedural
AdoptedBlair (2016)phrase: "adopted by"
Cited as authorityBlair (2016)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Editorial changes. Committee notes expanded. Citation form changes in rule and committee notes. *1320 1991 Revision: Editorial changes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References ch. 47, Fla.Stat. Venue. § 733.101, Fla.Stat....
0 red0 yellow1 green0 procedural
AdoptedHammock (2005)phrase: "adopted by"
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...General definitions. §
731.301, Fla. Stat. Notice. §
731.302, Fla. Stat. Waiver and consent by interested person. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. §
733.101, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...o the county of the acquired domicile. Committee Notes Paragraph (b) of this rule represents a rule implementation of the procedure found *1275 in F.S. 744.202(2). The language added as new (b) is identical with the statute. 1975 Revision: Same as F.S. 733.101(3)....
...1977 Revision: Title changed to indicate that the rule is one dealing with transfer. 1988 Revision: Prior rule renumbered as (a). New (b) is rule implementation of procedure in F.S. 744.202(2). Editorial changes. Committee notes expanded. Citation form changes in rule and committee notes. Statutory References F.S. 733.101 Venue of probate proceedings....
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064
...Committee notes revised. Editorial changes to conform to the court’s guidelines for rules submissions as set forth in AOSCQ6-14. Statutory References §
92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements. §
733.101, Fla....
...General definitions. § 731,301, Fla. Stat. Notice. §
731.302, Fla. Stat. Waiver and consent by interested person. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence. *35 §
733.101, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...personal effects were all located in Florida, appellant orally sought to invoke
ancillary jurisdiction. Ancillary administration is strictly circumscribed by
statute and rule, and here, appellant failed to comply with either the
procedural or substantive requirements. See § 733.101(b), Fla....
CopyPublished | Supreme Court of Florida
...Waiver and consent by interested person.
§
732.2135, Fla. Stat. Time of election; extensions; withdrawal.
§
732.402, Fla. Stat. Exempt property.
§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence.
§
733.101, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 7105, 1995 WL 363353
...The trial court in this tort action correctly declined to consider factual issues previously resolved by another circuit court judge in probate proceedings. There is nothing on the face of the ancillary letters of administration that renders them invalid in regard to venue. § 733.101 (l)(b), Fla.Stat....
CopyPublished | Supreme Court of Florida
...ges]
2020 Revision: Committee notes revised.
Statutory References
§
92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or
administer; requirements.
§
117.215, Fla. Stat. Relation to other laws.
§
733.101, Fla....
CopyPublished | Supreme Court of Florida
...Waiver and consent by interested person.
§
732.2135, Fla. Stat. Time of election; extensions; withdrawal.
§
732.402, Fla. Stat. Exempt property.
§
732.5165, Fla. Stat. Effect of fraud, duress, mistake, and undue influence.
§
733.101, Fla....
CopyPublished | Florida 4th District Court of Appeal
...ated
any intention of leaving Jamaica.
(Emphasis supplied.). The court found that, while the Decedent owned
property in Florida and had spent several months a year in Florida, he had
not visited Florida between 2020 and his death. Noting that section
733.101, Florida Statutes (2023), provides that venue of a probate
proceeding is where a decedent is domiciled, the court concluded that
Florida was not the Decedent’s domicile....
...a decedent’s estate if Florida was the decedent’s domicile at
the time of his death or if the decedent owned property in
Florida at the time of his death. See Biederman v. Cheatham,
161 So. 2d 538 (Fla. 2d DCA 1964); see also §
733.101, Fla.
Stat....
...Section
731.201(13), Florida Statutes (2023), defines “domicile” as “a
person’s usual place of dwelling and shall be synonymous with residence.”
Residence, in turn, is defined as “a person’s place of dwelling.” §
731.201(34), Fla. Stat. (2023).
Section
733.101, Florida Statutes (2023), establishes venue for probate
proceedings in Florida:
(1) The venue for probate of wills and granting letters shall
be:
(a) In the county in this state where the decedent was
domicil...
