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Florida Statute 733.205 - Full Text and Legal Analysis
Florida Statute 733.205 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 733.205 Case Law from Google Scholar Google Search for Amendments to 733.205

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
733.205 Probate of notarial will.—
(1) When a copy of a notarial will in the possession of a notary entitled to its custody in a foreign state or country, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, whose official position, signature, and seal of office are further authenticated by an American consul, vice consul, or other American consular officer within whose jurisdiction the notary is a resident, or whose official position, signature, and seal of office have been authenticated according to the requirements of the Hague Convention of 1961, is presented to the court, it may be admitted to probate if the original could have been admitted to probate in this state.
(2) The duly authenticated copy shall be prima facie evidence of its purported execution and of the facts stated in the certificate in compliance with subsection (1).
(3) Any interested person may oppose the probate of such a notarial will or may petition for revocation of probate of such a notarial will, as in the original probate of a will in this state.
History.—s. 1, ch. 74-106; s. 55, ch. 75-220; s. 89, ch. 2001-226; s. 7, ch. 2003-154.
Note.—Created from former s. 732.37.

F.S. 733.205 on Google Scholar

F.S. 733.205 on CourtListener

Amendments to 733.205


Annotations, Discussions, Cases:

Cases Citing Statute 733.205

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015).

Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 14475, 2015 WL 5714701

... by providing that a copy may be admitted to probate if the original is required to be 6 retained in the foreign country and “if the original could have been admitted to probate in this state.” § 733.205, Fla....
...compliance with subsection (1). (3) Any interested person may oppose the probate of such a notarial will or may petition for revocation of probate of such a notarial will, as in the original probate of a will in this state. § 733.205 (emphasis added). The Probate Code does not define the term “notarial will.” A creature of civil law sometimes referred to as an “authentic” will or “will by public act,” a notarial will is a will dictated to and taken down by a notary....
...nuncupative’ and ‘mystic’ testaments found in the Civil Code of 1870. The so- called statutory testament is revised and retained by this Article, to be called the notarial testament.”). Nevertheless, there would be no point to recognize foreign notarial wills in section 733.205 if they were all barred by the prohibition of nuncupative wills in section 732.502(2)....
...notarial wills that are unsigned by the testator. We reach this conclusion based upon the near universal emphasis in both foreign and domestic probate laws on the importance of the testator’s signature. This reading of the statute honors the policy of comity reflected in section 733.205 by recognizing the validity of most notarial wills, almost all of which are apparently signed by the testator according to the authorities disclosed by our research....
...(specially concurring). I agree that the order on appeal admitting to probate a nuncupative will should be reversed. I do so because Florida, while recognizing the validity of notarial wills of non-residents if valid where made, does not recognize a nuncupative will under any circumstance. See § 733.205, Fla....
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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

...(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. F.S. 733.204 Probate of will written in foreign language. F.S. 733.205 Probate of notarial will....
...See FPR 5.210 and F.S. 733.204. RULE 5.290. PROBATE OF NOTARIAL WILL (Deleted September 13, 1984; Effective January 1, 1985.) Committee Notes Rule History 198k Revision: The rule has been deleted because it is now covered by FPR 5.210. See FPR 5.210 and F.S. 733.205....
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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

...(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. F.S. 733.204 Probate of will written in foreign language. F.S. 733.205 Probate of notarial will....
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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

...Execution of wills. § 732.503, Fla. Stat. Self-proof of will. § 733.103, Fla. Stat. Effect of probate. § 733.201, Fla. Stat. Proof of wills. § 733.202, Fla. Stat. Petition. § 733.204, Fla. Stat. Probate of a will written in a foreign language. § 733.205, 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

...n 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. 733.204 Probate of will written in foreign language. F.S. 733.205 Probate of notarial will....
...& G.P. 5.210 and F.S. 733.204. Rule 5.290. Deleted September 13, 1984, Effective January 1, 1985. Committee Notes Rule History 1984 Revision: The rule has been deleted because it is now covered by rule 5.210. See Fla.R.P. & G.P. 5.210 and F.S. 733.205....
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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

...General definitions. § 732.502, Fla. Stat. Execution of wills. § 732.503, Fla. Stat. Self-proof of will. § 733.201, Fla. Stat. Proof of wills. § 733.202, Fla. Stat. Petition. § 733.204, Fla. Stat. Probate of a will written in a foreign language. § 733.205, Fla....
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In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020).

Published | Supreme Court of Florida

...Self-proof of electronic will. § 732.526, Fla. Stat. Probate. § 733.103, Fla. Stat. Effect of probate. § 733.201, Fla. Stat. Proof of wills. § 733.202, Fla. Stat. Petition. § 733.204, Fla. Stat. Probate of a will written in a foreign language. § 733.205, Fla....
...tes Rule History 2002-2003 Revision: [No Changes] 2020 Revision. Committee notes revised. Statutory References § 732.523, Fla. Stat. Self-proof of electronic will. § 732.526, Fla. Stat. Probate. § 733.205, Fla....

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