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Florida Statutes

Fla. Stat. § 733.205 (2025)

Probate of notarial will.

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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.
Notes of Decisions
Cited in 8 cases, 1984–2020 · leading case: Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015).
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Malleiro v. Mori, 182 So. 3d 5 (Fla. 3d DCA 2015). · cites it 14× “” § 733.205, Fla. Stat. (2013). This statute reads: (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…”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 733.205, Fla. Stat. Probate of notarial will.”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). · cites it 2× “F.S. 733.205 Probate of notarial will. F.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). “F.S. 733.205 Probate of notarial will. F.”
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 2× “§ 733.205, Fla. Stat. Probate of notarial will.”
In Re: Amendments to the Florida Prob. Rules - 2019 Fast-Track Report (Fla. 2020). · cites it 4× “§ 733.205, Fla. Stat. Probate of notarial will.”
Amendments to the Florida Prob. Rules, 824 So. 2d 849 (Fla. 2002). · cites it 2× “*855 § 733.205, Fla. Stat. Probate of notarial will.”
Florida Bar, 531 So. 2d 1261 (Fla. 1988). · cites it 2× “F.S. 733.205 Probate of notarial will. F.”
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.

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