733.101
Venue of probate proceedings.
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733.101 Venue of probate proceedings.—
(1) The venue for probate of wills and granting letters shall be:
(a) In the county in this state where the decedent was domiciled.
(b) If the decedent had no domicile in this state, then in any county where the decedent’s property is located.
(c) If the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides.
(2) For the purpose of this section, a married woman whose husband is an alien or a nonresident of Florida may establish or designate a separate domicile in this state.
(3) Whenever a proceeding is filed laying venue in an improper county, the court may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected by the improper venue.
History.—s. 1, ch. 74-106; s. 46, ch. 75-220; s. 981, ch. 97-102; s. 78, ch. 2001-226.
Note.—Created from former s. 732.06.
Notes of Decisions
Cited in 21
cases (3 in the last 5 years), 1980–2025 · leading case: Amendments to the Florida Probate Rules
Amendments to the Florida Probate Rules (2003)
“§ 733.101, Fla. Stat. Venue of probate proceedings.”
In Re Amendments to the Florida Probate Rules (1991)
“Statutory References § 733.101, Fla. Stat. Venue of probate proceedings.”
Gregory Ruggles v. Jacqueline Ruggles (2022)
“See Fla. Stat. § 733.101 (1)(a). As for Greg’s requested injunctive relief, there is no longer a need to enjoin Don from taking any action that might adversely affect XPAC.”
Cuevas v. Kelly (2004)
“2d DCA 1964); see also § 733.101, Fla. Stat. (2000). However, such jurisdiction is not necessarily exclusive.”
In Re Amendments to the Fl. Probate Rules (2007)
“§ 733.101, Fla. Stat. Venue of probate proceedings.”
Florida Bar (1988)
“Statutory References F.S. 733.101 Venue of probate proceedings.”
Peavy v. Parrish (1980)
“§ 733.101, Fla. Stat. (1979). However, the statutory provision under which appellees filed this independent action does not refer to venue.”
In Re Amendments to the Florida Probate Rules (2011)
“§ 733.101, Fla. Stat. Venue of probate proceedings.”
In Re Amend. to Florida Probate Rules (2008)
“§ 733.101, Fla. Stat. Venue of probate proceedings.”
Pastor v. Pastor (2006)
“See § 733.101(1), Florida Statutes. Under the reasoning in Ringling Bros.”
In re Amendments to the Florida Probate Rules (1992)
“§ 733.101, Fla.Stat. Venue of probate proceedings.”
Colin Markes and Sharon Hart- Corrigan v. Estate of Keith Albert Markes (2025)
“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.”
— 733.101(1) — 1 case
Pastor v. Pastor (2006)
“See § 733.101(1), Florida Statutes. Under the reasoning in Ringling Bros.”
— 733.101(3) — 5 cases
In Re Amendments to the Florida Probate Rules (1991)
“Statutory References § 733.101, Fla. Stat. Venue of probate proceedings.”
Amendments to the Florida Probate Rules (2003)
“§ 733.101, Fla. Stat. Venue of probate proceedings.”
Florida Bar (1988)
“Statutory References F.S. 733.101 Venue of probate proceedings.”
In Re Amend. to Florida Probate Rules (2008)
“§ 733.101, Fla. Stat. Venue of probate proceedings.”
Florida Bar (1988)
— 733.101(b) — 1 case
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