Florida Statutes
Fla. Stat. § 733.103 (2025)
Effect of probate.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
733.103 Effect of probate.—
(1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator.
(2) In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator’s death.
History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 17, ch. 77-87; s. 1, ch. 77-174; s. 79, ch. 2001-226.
Note.—Created from former s. 732.26.
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 1981–2025 · leading case: Schilling v. Herrera, 952 So. 2d 1231 (Fla. 3d DCA 2007).
Schilling v. Herrera, 952 So. 2d 1231 (Fla. 3d DCA 2007). “The trial court granted the defendant's motion to dismiss, finding that pursuant to section 733.103, Florida Statutes (1983), the plaintiffs were barred from attacking the will.”
DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981). “After one journey through the federal courts, the district court on remand dismissed the cause on the ground that section 733.103(2), Florida Statutes (1977), [1] foreclosed appellants from proving the facts necessary to establish their tort claim.”
Rice v. Greene, 941 So. 2d 1230 (Fla. 5th DCA 2006). “Rice is correct that under section 733.103, Mr. Schwartz's unprobated will was ineffective to "prove title" to the property, under section 732.”
Kowalski v. Jackson Nat'l Life Ins., 981 F. Supp. 2d 1309 (S.D. Fla. 2013). “To support this position, Wilson relies upon Florida case law and Fla. Stat. § 733.103 which provides that “[u]ntil admitted to probate in this state or in a state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of,…”
Martin v. Martin, 687 So. 2d 903 (Fla. 4th DCA 1997). “The probate statute involved in DeWitt , section 733.103(2), Fla. Statutes (1977), which still exists in that form, provided: In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it…”
All Child.'s Hosp., Inc. v. Owens, 754 So. 2d 802 (Fla. 2d DCA 2000). “The public policy of finality concerning devised property contained in section 733.103(2), Florida Statutes (1993), and recognized by the supreme court in DeWitt , requires that any such theory of "concealed tortious interference" be carefully restricted.”
Miller v. Hayman, 766 So. 2d 1116 (Fla. 4th DCA 2000). “" § 733.103(2), Fla. Stat. (1997); DeWitt v.”
Cavanaugh v. Cavanaugh, 542 So. 2d 1345 (Fla. 1st DCA 1989). “In that case, not involving homestead, the supreme court held that section 733.103, Florida Statutes, barred such a collateral attack where the appellants, beneficiaries under the will, had an adequate remedy in probate with a fair opportunity to pursue it.”
Ebeling v. Voltz, 454 So. 2d 783 (Fla. 4th DCA 1984). “Voltz moved to dismiss their complaint on the ground that they failed to exhaust their probate remedy, thus barring them from collaterally attacking, under Section 733.103, Florida Statutes (1983).”
Thelma Mulvey v. Sheila Stephens, 250 So. 3d 106 (Fla. 4th DCA 2018). “We have since recognized that “[t]here are 4 simply too many distinctions, both procedural and substantive, between wills and trusts, for the reasoning of DeWitt, and the purpose of section 733.103(2), as it was articulated in DeWitt, to preclude a claim for tortious…”
Wolf v. Doll, 229 So. 3d 1280 (Fla. 4th DCA 2017). “Generally, collateral proceedings to a probate action are governed by section 733.103(2), Florida Statutes (2013).”
Evelyn G. Dewitt & Mabel M. Dewitt v. Estelle R. Duce, 642 F.2d 159 (5th Cir. 1981). “On remand, the district court dismissed the cause on the ground that Fla.Stat.Ann. § 733.103(2) (West Supp.1981) forecloses plaintiffs from proving the facts necessary to prevail on the tort claim alleged.”
— 733.103(1) — 1 case
Rice v. Greene, 941 So. 2d 1230 (Fla. 5th DCA 2006). “Rice is correct that under section 733.103, Mr. Schwartz's unprobated will was ineffective to "prove title" to the property, under section 732.”
— 733.103(2) — 14 cases
Schilling v. Herrera, 952 So. 2d 1231 (Fla. 3d DCA 2007). “The trial court granted the defendant's motion to dismiss, finding that pursuant to section 733.103, Florida Statutes (1983), the plaintiffs were barred from attacking the will.”
DeWitt v. Duce, 408 So. 2d 216 (Fla. 1981). “After one journey through the federal courts, the district court on remand dismissed the cause on the ground that section 733.103(2), Florida Statutes (1977), [1] foreclosed appellants from proving the facts necessary to establish their tort claim.”
Martin v. Martin, 687 So. 2d 903 (Fla. 4th DCA 1997). “The probate statute involved in DeWitt , section 733.103(2), Fla. Statutes (1977), which still exists in that form, provided: In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it…”
All Child.'s Hosp., Inc. v. Owens, 754 So. 2d 802 (Fla. 2d DCA 2000). “The public policy of finality concerning devised property contained in section 733.103(2), Florida Statutes (1993), and recognized by the supreme court in DeWitt , requires that any such theory of "concealed tortious interference" be carefully restricted.”
Miller v. Hayman, 766 So. 2d 1116 (Fla. 4th DCA 2000). “" § 733.103(2), Fla. Stat. (1997); DeWitt v.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.