Florida Statute 733.201 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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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.

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Amendments to 733.201

Annotations, Discussions, Cases:

Cases Citing Statute 733.201

Total Results: 12 | Sort by: Relevance | Newest First

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In Re Est. of Hartman, 836 So. 2d 1038 (Fla. 2d DCA 2002).

Cited 6 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31875009

...The probate court never ruled on the validity of the will in view of the allegations asserted in the objections. In addition to filing caveats and objections, Appellants moved to have a curator appointed to protect the assets of the estate pending a determination on the competing petitions for administration. 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." A will may be contested under this provision after it has been admitted to probate....

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Nardi v. Nardi, 390 So. 2d 438 (Fla. 3d DCA 1980).

Cited 5 times | Published | Florida 3rd District Court of Appeal

...The basis of the ruling below was essentially that the objection was untimely filed. We reverse. Flora Mae Nardi died on December 27, 1979. On January 4, 1980, a petition for administration was filed in the Dade County Circuit Court by the executors named in the will. 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....

...In proceeding ex parte before the prescribed period had expired under 731.301(1)(b), the personal representatives must be held to have subjected themselves instead to the procedures involved when a will is admitted to probate under the alternative provisions of Sec. 733.201....

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In Re Est. of McGahee, 550 So. 2d 83 (Fla. 1st DCA 1989).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1989 WL 109523

...s not available, upon the oath of the person nominated in the will as the personal representative or "any other person having no interest in the estate under the will, that he believes the writing exhibited to be the true last will of the decedent." § 733.201, Fla....

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Florida Bar, 537 So. 2d 500 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

...(b) to set forth required contents of petition for probate of will; moves former (b) to (c). Committee notes expanded; citation form change in committee notes. Statutory References F.S. 731.201 General definitions. F.S. 732.502 Execution of wills. F.S. 733.201 Proof of wills....

...y of documents in a manner other than by mailing; change in (d) to require the filing of documents with the court. Committee notes revised. Citation form changes in rule and committee notes. Statutory References F.S. 733.109 Revocation of probate. F.S. 733.201 Proof of wills....

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Florida Bar, 531 So. 2d 1261 (Fla. 1988).

Published | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

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In re Amendments to the Florida Prob. Rules, 123 So. 3d 31 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

...set forth in AOSCQ6-14. Statutory References § 92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements. § 733.101, Fla. Stat. Venue of probate proceedings. -§ — 733.-109, Fla. Stat. Revocation of pro- § 733.201, Fla....

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In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).

Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

...Committee notes revised. Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. Self-proof of will. § 733.103, Fla. Stat. Effect of probate. § 733.201, Fla....

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Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984).

Published | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

...The rule requires an oath attesting to the statutory requirements for execution of wills and the will must be proved before an order can be entered admitting it to probate. Former Fla.R.P. & G.P. 5.280, 5.290, and 5.500 are included in this rule. Committee notes revised. Statutory References F.S. 733.201 Proof of wills F.S....

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Amendments to the Florida Prob. Rules, 824 So. 2d 849 (Fla. 2002).

Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

...Former subdivision (a)(4) amended and transferred to new rule 5.215. Former subdivision (a)(5) amended and transferred to new rule 5.216. Statutory References § 731.201, Fla. Stat. General definitions. § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. Self-proof of will. § 733.201, Fla....

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

...Former subdivision (a)(5) amended and transferred to new rule 5.216. 2003 Revision: Committee notes revised. Statutory References § 731.201, Fla. Stat. General definitions. § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. Self-proof of will. § 733.201, Fla....

...2003 Revision: Committee notes revised. Statutory References § 92.50, Fla. Stat. Oaths, affidavits, and acknowledgments; who may take or administer; requirements. § 733.101, Fla. Stat. Venue of probate proceedings. § 733.109, Fla. Stat. Revocation of probate. § 733.201, Fla....

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Johnson v. Knight, 424 So. 2d 166 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 18402

...§ 733.301(2) provides that preference in granting letters of administration in intestate estates is for the heir nearest in degree to the deceased. 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 § 732.103....

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In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...Notice. -9- § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. Self-proof of will. § 732.523, Fla. Stat. Self-proof of electronic will. § 732.526, Fla. Stat. Probate. § 733.103, Fla. Stat. Effect of probate. § 733.201, Fla....

...Oaths, affidavits, and acknowledgments; who may take or administer; requirements. § 117.215, Fla. Stat. Relation to other laws. § 733.101, Fla. Stat. Venue of probate proceedings. § 732.522, Fla. Stat. Method and place of execution. § 732.523, Fla. Stat. Self-proof of electronic will. § 733.201, Fla....

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