Florida Statutes
Fla. Stat. § 733.101 (2025)
Venue of probate proceedings.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
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 Prob. Rules, 848 So. 2d 1069 (Fla. 2003).
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.101, Fla. Stat. Venue of probate proceedings.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “Statutory References § 733.101, Fla. Stat. Venue of probate proceedings.”
Gregory Ruggles v. Jacqueline Ruggles, 49 F.4th 1097 (7th Cir. 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, 873 So. 2d 367 (Fla. 2d DCA 2004). “2d DCA 1964); see also § 733.101, Fla. Stat. (2000). However, such jurisdiction is not necessarily exclusive.”
In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). “§ 733.101, Fla. Stat. Venue of probate proceedings.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “Statutory References F.S. 733.101 Venue of probate proceedings.”
Peavy v. Parrish, 385 So. 2d 1034 (Fla. 4th DCA 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 Prob. Rules, 73 So. 3d 205 (Fla. 2011). “§ 733.101, Fla. Stat. Venue of probate proceedings.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 733.101, Fla. Stat. Venue of probate proceedings.”
Pastor v. Pastor, 929 So. 2d 576 (Fla. 4th DCA 2006). “See § 733.101(1), Florida Statutes. Under the reasoning in Ringling Bros.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “§ 733.101, Fla.Stat. Venue of probate proceedings.”
Colin Markes & Sharon Hart- Corrigan v. Est. of Keith Albert Markes (Fla. 4th DCA 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, 929 So. 2d 576 (Fla. 4th DCA 2006). “See § 733.101(1), Florida Statutes. Under the reasoning in Ringling Bros.”
— 733.101(3) — 5 cases
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). “Statutory References § 733.101, Fla. Stat. Venue of probate proceedings.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “§ 733.101, Fla. Stat. Venue of probate proceedings.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “Statutory References F.S. 733.101 Venue of probate proceedings.”
In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). “§ 733.101, Fla. Stat. Venue of probate proceedings.”
Florida Bar, 531 So. 2d 1261 (Fla. 1988).
— 733.101(b) — 1 case
Joelle Verbois Adenin v. In Re: Est. of Jean Claude M. Adenin (Fla. 3d DCA 2022).
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