Florida Statutes
Fla. Stat. § 733.201 (2025)
Proof of wills.
✓ 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
733.201 Proof of wills.—
(1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. However, a purportedly self-proved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if the execution of such electronic will, or the acknowledgment by the testator and the affidavits of the witnesses, involves an online notarization in which there was a substantial failure to comply with the procedures set forth in s. 117.265.
(2) A will may be admitted to probate upon the oath of any attesting witness taken before any circuit judge, commissioner appointed by the court, or clerk.
(3) If it appears to the court that the attesting witnesses cannot be found or that they have become incapacitated after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will as provided in subsection (2), whether or not the nominated personal representative is interested in the estate, or upon the oath of any person having no interest in the estate under the will stating that the person believes the writing exhibited to be the true last will of the decedent.
History.—s. 1, ch. 74-106; s. 51, ch. 75-220; s. 985, ch. 97-102; s. 85, ch. 2001-226; s. 9, ch. 2009-115; s. 38, ch. 2019-71.
Note.—Created from former s. 732.24.
Notes of Decisions
Cited in 15
cases, 1980–2020 · 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). “§ 733.201, Fla. Stat. Proof of wills. § 733.”
In Re Est. of Hartman, 836 So. 2d 1038 (Fla. 2d DCA 2002). “Section 733.201(1), Florida Statutes (2000), provides that "[s]elf-proved wills executed in accordance with [the probate] code may be admitted to probate without further proof.”
Nardi v. Nardi, 390 So. 2d 438 (Fla. 3d DCA 1980). “The petitioners elected not to proceed pursuant to Section 733.201, Florida Statutes (1979) under which the self-proving will would have been immediately admitted to probate.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.201 Proof of wills. F.S. 733.204 Probate of will written in foreign language.”
In Re Est. of McGahee, 550 So. 2d 83 (Fla. 1st DCA 1989). “" § 733.201, Fla. Stat. (1987). "Parol evidence and circumstantial evidence are admissible when necessary to show what papers constituted a will offered for probate, and to show the proper execution of the will.”
Maxfield v. Terry, 885 S.W.2d 216 (Tex. App. 1994). “212(3) (West Supp.1994). The personal representative may similarly serve a copy of the notice on any hems or previous devi-sees.”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “Statutory References F.S. 733.201 Proof of wills F.S. 733.204 Probate of will written in foreign language.”
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). “§ 733.201, Fla. Stat. Proof of wills. § 733.”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). “⅞&§ 733.201, Fla.Stat. Proof of wills. § 733.”
In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020). “§ 733.201, Fla. Stat. Proof of wills. § 733.”
Johnson v. Knight, 424 So. 2d 166 (Fla. 3d DCA 1983). “The heir nearest in degree to *169 the deceased, Yvonne Johnson, is her son, DANNY EUGENE KNIGHT, II, See F.S. § 733.201(18) [731.201(18)] and § 732.”
Malverty v. Equifax Info. Servs., LLC (M.D. Fla. 2019). “” Fla. Stat. § 733.201 . And whether a lengthier probate process would attenuate the connection between Equifax’s conduct and any actual damages is for the trier of fact to resolve.”
— 733.201(1) — 2 cases
In Re Est. of Hartman, 836 So. 2d 1038 (Fla. 2d DCA 2002). “Section 733.201(1), Florida Statutes (2000), provides that "[s]elf-proved wills executed in accordance with [the probate] code may be admitted to probate without further proof.”
Maxfield v. Terry, 885 S.W.2d 216 (Tex. App. 1994). “212(3) (West Supp.1994). The personal representative may similarly serve a copy of the notice on any hems or previous devi-sees.”
— 733.201(18) — 1 case
Johnson v. Knight, 424 So. 2d 166 (Fla. 3d DCA 1983). “The heir nearest in degree to *169 the deceased, Yvonne Johnson, is her son, DANNY EUGENE KNIGHT, II, See F.S. § 733.201(18) [731.201(18)] and § 732.”
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.