CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1992 WL 147157
...t's estate. Thus, his testimony is admissable to rebut the presumption of revocation. Considering a copy of the will was presented to the court, and at least one disinterested witness testified that it was a correct copy, we find the requirements of section 733.207, Florida Statutes (1991) providing for the establishment of a lost or destroyed will, have been met....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 9968, 1991 WL 200062
...Although these petitions were served on the beneficiaries then living named under the will and trust, those persons, like Winner, who would be deemed heirs and would therefore be entitled to the estate if the will were not admitted to probate, did not receive the same formal notice pursuant to Section 733.207(3) Florida Statute (1989)....
CopyCited 4 times | Published | Supreme Court of Florida | 1980 Fla. LEXIS 4152
...That court certified that the *653 decision passed upon a question of great public interest. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The case arises from a petition to establish and for probate of a lost or destroyed will pursuant to section 733.207, Florida Statutes (1977)....
...could be established by the testimony of one witness. Recognizing the far-reaching effect of its decision, the district court determined the issue to be one of great public interest, and certified to this Court the following question: Under Chapter 733.207(3) of the Florida Statutes (1977) does the language "correct copy" mandate an identical copy such as a carbon or xerox copy or will a substantial copy suffice? In Florida there is a well established rule that "when a will has been lost or des...
...ing to the contrary is on the propounder of the will." In re Washington's Estate,
56 So.2d 545, 545 (Fla. 1952). The first step in overcoming this presumption is by the establishment and admission to probate of the lost or destroyed will pursuant to section
733.207. Section
733.207(3) requires that the contents of a lost or destroyed will be proved by the testimony of two disinterested witnesses or by the testimony of one disinterested witness and a "correct copy" of the lost or destroyed will....
...he testimony of two witnesses. To prove the latter, the testimony of one witness suffices. Had the legislature intended for a substantial copy to be admitted to probate on the testimony of one witness, it would not have made the distinction found in section 733.207(3)....
...The decision of the district court is quashed with directions that the cause be remanded for further proceedings consistent with this opinion. It is so ordered. ENGLAND, C.J., and ADKINS, SUNDBERG and McDONALD, JJ., concur. OVERTON and ALDERMAN, JJ., dissent. NOTES [1] 733.207 Establishment and probate of lost or destroyed will....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...he instrument to which she is entitled if the allegations are established at trial. [3] The appellees claim that the order of dismissal should be upheld on the ground of Ms. Lowy's alleged non-compliance with the requirements imposed by *889 Sec. 733.207, Fla....
...er of law that the "conformed copy" was simply a draft rather than a copy of the actual will. Obviously the "copy" could well have been made while blank and then conformed with typing after the testator and the witnesses had signed the original. [4] 733.207 Establishment and probate of lost or destroyed will....
...The content of the will must be clearly and distinctly proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness. [5] Thus, we do not decide whether the conformed copy of the will attached to the widow's petition is a "correct copy" under §
733.207(3), see In re Estate of Parker,
382 So.2d 652 (Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...§
732.616, Fla. Stat. Modification to achieve testator's tax objectives. §
733.105, Fla. Stat. Determination of beneficiaries. §
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.207, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 WL 1933545
...y. A. When a will has been maliciously destroyed, there are two procedures which are potentially available to rectify the situation. The first option is a petition under *1275 the Florida Probate Code to establish the contents of the destroyed will. Section 733.207, Florida Statutes (2003), states: 733.207 Establishment and probate of lost or destroyed will.Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate....
...wo disinterested witnesses. Id. The Probate Code defines "interested person" in part as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved."
731.201(21), Fla. Stat. (2003). In this case the section
733.207 procedure cannot be used by the plaintiffs....
...such capacity. The plaintiffs in this case are not seeking to have the personal representative modify the distribution of the estate. The plaintiffs concede that they cannot establish the contents of the destroyed will in a probate proceeding under section 733.207....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2317189
...mption that the will *1159 was intentionally destroyed. Daul,
754 So.2d at 848. "The first step in overcoming this presumption is" to establish the terms of the will and to offer it for probate. In re Estate of Parker,
382 So.2d 652, 653 (Fla.1980). Section
733.207, Florida Statutes (2005), outlines the procedure for establishing a lost or destroyed will: Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate....
...The case progress notes reflect that no other evidence was received by the probate court and that no other witnesses testified. Thus Ms. Douglass failed to present the testimony of at least one disinterested witness to prove the execution and the content of the will as required by section 733.207....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...732.301 Pretermitted spouse. F.S.
732.507 Effect of subsequent marriage, birth, or dissolution of marriage. F.S.
732.6005-732.611 Rules of construction. F.S. 732.803 Charitable devises. F.S.
733.105 Determination of beneficiaries. F.S.
733.109 Revocation of probate. F.S.
733.207 Establishment and probate of lost or destroyed will....
...est ,of the will if the witness has died or moved from the state. (d) Order. The order admitting the will to probate shall state in full its terms and provisions. Committee Notes This rule represents a rule implementation of the procedure found in F.S. 733.207....
...Rule History 1977 Revision: Editorial change in paragraph (c) of prior rule. *551 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Rule rewritten to conform to statute. Committee notes expanded. Citation form change in committee notes. Statutory Reference F.S. 733.207 Establishment and probate of lost or destroyed will....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...732.301 Pretermitted spouse. F.S.
732.507 Effect of subsequent marriage, birth, or dissolution of marriage. F.S.
732.6005-732.611 Rules of construction. F.S. 732.803 Charitable devises. F.S.
733.105 Determination of beneficiaries. F.S.
733.109 Revocation of probate. F.S.
733.207 Establishment and probate of lost or destroyed will....
...test of the will if the witness has died or moved from the state- id) Order. The order admitting the will to probate shall state in full its terms and provisions. Committee Notes This rule represents a rule implementation of the procedure found in F.S. 733.207....
...Rule History 1977 Revision: Editorial change in paragraph (c) of prior rule. 1984 Revision: Extensive changes. Committee notes revised. 1988 Revision: Rule rewritten to conform to statute. Committee notes expanded. Citation form change in committee notes. Statutory Reference F.S. 733.207 Establishment and probate of lost or destroyed will....
CopyPublished | Supreme Court of Florida
733.109, Fla. Stat. Revocation of probate. §
733.207, Fla. Stat. Establishment and probate of lost
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Effect of subsequent marriage, birth, or dissolution of marriage. ⅞¾⅛
732.6005-732.611, Fla.Stat. Rules of construction. F.S, 732,803-Charitable devises,
733.105, Fla.Stat. Determination of beneficiaries. ⅞⅛§
733.109, Fla.Stat. Revocation of probate. 1⅛=⅛
733.207, Fla.Stat....
...⅞&§
733.201, Fla.Stat. Proof of wills. §
733.202, Fla.Stat. Petition. Ft§t§
733.204, Fla.Stat. Probate of a will written in a foreign language. ¾§⅛
733.205, Fla.Stat. Probate of notarial will.
733.206, Fla.Stat. Probate of will of resident after foreign probate. §
733.207, Fla.Stat....
...test of the will if the witness has died or moved from the state. (d) Order. The order admitting the will to probate shall state in full its terms and provisions. Committee Notes This rule represents a rule implementation of the procedure found in Bisection 733.207, Florida Statutes....
...Committee notes revised. 1988 Revision: Rule rewritten to conform to statute. Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory Reference ⅜&§ 733.207, Fla.Stat....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...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. Stat. Probate of notarial will. §
733.206, Fla. Stat. Probate of will of resident after foreign probate. §
733.207, Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...F.S.
732.507 Effect of subsequent marriage, birth, or dissolution of marriage. F.S.
732.6005 —
732.611 Rules of construction. F.S. 732.803 Charitable devises. *1082 F.S.
733.105 Determination of beneficiaries. F.S.
733.109 Revocation of probate. F.S.
733.207 Establishment and probate of lost or destroyed will....
...The testimony of each witness in the proceeding shall be reduced to writing and filed. (c) Order. The order shall recite the full terms of the will. Committee Notes Rule History 1977 Revision: Editorial change in paragraph (c) of prior rule. 1984 Revision: Extensive changes. Committee notes revised. Statutory Reference F.S. 733.207 Establishment and probate of lost or destroyed will....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR
DESTROYED WILL
(a)-(e) [NO CHANGE]
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.207, Florida Statutes....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
RULE 5.510. ESTABLISHMENT AND PROBATE OF LOST OR
DESTROYED WILL
(a)-(e) [NO CHANGE]
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.207, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 20586, 2012 WL 5969617
...ome the presumption. Lonergan v. Estate of Budahazi,
669 So.2d 1062, 1064 (Fla. 5th DCA 1996). ‘The first step in overcoming [the presumption of revocation] is by the establishment and admission to probate of the lost or destroyed will pursuant to section
733.207.’ In re Estate of Parker,
382 So.2d at 653 . It is undisputed that Ms. Honsberger provided a correct copy of the 2002 will. Section
733.207, Florida Statutes (2007), provides: Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will to probate....
...proved by one disinterested witness. Ms. Honsberger suggests that by presenting a correct copy of the 2002 will, the need for her to present corroborating testimony at the hearing was not necessary. We find that Ms. Honsber-ger’s interpretation of section 733.207 is incorrect....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 6880, 2012 WL 1521541
...d first codicil to the decedent’s last will and testament. Although the Co-Personal Representatives produced a copy of the alleged lost codicil, they failed to prove its content by the testimony of at least one disinterested witness as required by section 733.207, Florida Statutes (2010)....
...Astrid DeParry is the guardian ad litem (the GAL) for the minor. The GAL contested the Co-Personal Representatives’ petition to establish the lost codicil on behalf of the minor beneficiary. II. THE FACTS In their first amended petition, the Co-Personal Representatives sought, under section 733.207, to establish the decedent’s lost codicil dated October 24, 2007....
...In addition, they offered their own testimony; the testimony of Deborah Stegmeier, an employee of Mr. Allen; and the deposition testimony of Jennifer Torres, who had witnessed the decedent’s execution of the codicil that was later lost or destroyed. III. THE APPLICABLE LAW Section 733.207 outlines the procedure for establishing a lost or destroyed will: Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate....
...generated from the hard drive of the computer in Mr. Allen’s office that was used to prepare the original document. The probate court ruled that the computer copy was a “draft” that did not qualify as a “correct copy” within the meaning of section 733.207....
...1, 2011, at 1. As we face this transition, it would be an anachronism to adopt a rule that a copy of a lost will or codicil retrieved from the hard drive of a computer or from a cloud database 4 cannot be a “correct copy” within the meaning of section 733.207....
...In any proceeding affecting the estate or the rights of a beneficiary in the estate, the personal representative of the estate shall be deemed to be an interested person. §
731.201(23) (emphasis added). The probate court concluded that the Co-Personal Representatives could not qualify as “disinterested witnesses” under section
733.207 because each of them was deemed an “interested person” under the Probate Code. Once again, we disagree. There is a significant distinction between the concept of an “interested person” under section
731.201(23) and the concept of “disinterested witnesses” as used in section
733.207....
...On the other hand, a person may be described as “disinterested” when he or she is “[f]ree from bias, prejudice, or partiality; not having a pecuniary interest.” Black’s Law Dictionary 536 (9th ed. 2009). It follows that a “disinterested witness”— as the term is used in section 733.207— refers to a person “who has no private interest in the matter at issue.” Black’s Law Dictionary 1740 (9th ed....
...ault.”). Thus Mr. Allen, like Mr. Smith, did not qualify as a disinterested witness because of his direct stake in the outcome of the pending proceeding. 5 The remaining witnesses were unable to prove the content of the lost codicil as required by section 733.207....
...To summarize, the Co-Personal Representatives proffered a “correct copy” of the lost codicil in support of their amended petition. However, they failed to prove the content of the lost codicil with the testimony of at least one disinterested witness as required by section 733.207....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...Proof of wills. §
733.202, Fla. Stat. Petition. §
733.204, Fla. Stat. Probate of a will written in a foreign language. *855 §
733.205, Fla. Stat. Probate of notarial will. §
733.206, Fla. Stat. Probate of will of resident after foreign probate. §
733.207, Fla....
...he will, would be entitled to the property thereby devised. (4)(e) Order. The order admitting the will to probate shall state in full its terms and provisions. *879 Committee Notes This rule represents a rule implementation of the procedure found in section 733.207, Florida Statutes....
...1988 Revision: Rule rewritten to conform to statute. Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2002 Revision: Subdivision (d) added to implement procedure formerly found in section 733.207(3), Florida Statutes. Committee notes revised. Statutory Reference § 733.207, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Nelson's petition:
You are receiving this memo because a petition to establish a
lost or destroyed will is pending in this case and to clarify the
applicable local procedure. This court requires an evidentiary
hearing as contemplated by [section 733.207, Florida Statutes
(2023)], and [Florida Probate Rule] 5.510....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...§§
732.6005-732.611, Fla. Stat. Rules of construction. §
733.105, Fla. Stat. Determination of beneficiaries. §
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla. Stat. Revocation of probate. *1075 §
733.207, 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. Stat. Probate of notarial will. §
733.206, Fla. Stat. Probate of will of resident after foreign probate. §
733.207, Fla....
...e will, would be entitled to the property thereby devised. (e) Order. The order admitting the will to probate shall state in full its terms and provisions. Committee Notes This rule represents a rule implementation of the procedure formerly found in section 733.207, Florida Statutes....
...1988 Revision: Rule rewritten to conform to statute. Committee notes expanded. Citation form change in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 2002 Revision: Subdivision (d) added to implement procedure formerly found in section 733.207(3), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5990, 1994 WL 256954
...80-81 will and further alleged the general nature of the bequests contained in the latter will. The trial court dismissed the petition to revoke probate, ruling that the allegations were insufficient to admit a subsequent will to probate pursuant to section 733.207, Florida Statutes....
...The petition must contain a statement of the interest of the petitioner, and must also contain allegations of fact showing the grounds for revocation of probate. The trial judge in this case incorrectly treated the petition as a petition to establish a lost or destroyed will. Under section 733.207, a petition of this type must contain a copy of the will or its substance....
CopyPublished | Supreme Court of Florida
...Modification to achieve testator’s tax
objectives.
§
733.105, Fla. Stat. Determination of beneficiaries.
§
733.107, Fla. Stat. Burden of proof in contests; presumption
of undue influence.
§
733.109, Fla. Stat. Revocation of probate.
§
733.207, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 10811, 2010 WL 2866987
...rcome the presumption. Lonergan v. Estate of Budahazi,
669 So.2d 1062, 1064 (Fla. 5th DCA 1996). "The first step in overcoming [the presumption of revocation] is by the establishment and admission to probate of the lost or destroyed will pursuant to section
733.207." In re Estate of Parker,
382 So.2d at 653. It is undisputed that Ms. Honsberger provided a correct copy of the 2002 will. Section
733.207, Florida Statutes (2007), provides: Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will to probate....
...isinterested witness. (Emphasis added.) Ms. Honsberger suggests that by presenting a correct copy of the 2002 will, the need for her to present corroborating testimony at the hearing was not necessary. We find that Ms. Honsberger's interpretation of section
733.207 is incorrect. In In re Estate of Parker,
382 So.2d at 654, the supreme court, interpreting an earlier version of section
733.207, discussed the proof required to establish a lost will in the presence and absence of a correct copy of the will, explaining: "A draft which is an accurate and correct reflection of the contents of a lost will is not the same as a `co...
...sses immediately thereafter. Appellants did not stipulate to the submission of affidavits in lieu of testimony. Accordingly, we find an evidentiary hearing should have been conducted and that the submission of affidavits was insufficient pursuant to section 733.207 to establish the lost will. As the proponent of the lost will, Ms. Honsberger was required to present the testimony of at least one disinterested witness to establish its contents. § 733.207....
...REVERSED AND REMANDED. GRIFFIN and COHEN, JJ., concur. NOTES [1] At the hearing on the petition and in the briefs filed with this court, Appellants argued that the copy of the 2002 will provided to the court was not a correct copy, and therefore, pursuant to section 733.207, Florida Statutes, the testimony of two disinterested witnesses was required to establish the will....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Effect of subsequent marriage, birth, adoption, or dissolution of marriage. §§
732.6005-732.611, Fla. Stat. Rules of construction. §
733.105, Fla. Stat. Determination of beneficiaries. §
733.107, Fla. Stat. Burden of proof in contests; presumption of undue influence. §
733.109, Fla. Stat. Revocation of probate. §
733.207, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...else – from seeking to establish the validity of a will that is different from the
one invalidated in the probate court’s August 17th order. Indeed, a lost will
may be presented to the probate court at any time before the discharge of
an estate. See § 733.207, Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 19, 1992 WL 261
...She denied Bury’s petition, countered with a petition for administration intestate, and filed the motion for summary judgment that is the subject of this appeal. In granting summary judgment, the trial court found that the unsigned carbon copy was not the correct copy required by section 733.207(3), Florida Statutes (1989), because it lacked the signature of the decedent, and only one of the two subscribing witnesses was still living (the lawyer) and capable of testifying to authenticity and the formalities of execution. We reverse. Both the trial court and appellee fail to distinguish between proving the content of a lost will and proving the execution of the original of a lost will. In order to establish a lost will, section 733.207(3) requires that: The content of the will must be clearly and distinctly proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness....
...on. The summary judgment also says that the carbon copy here cannot be a correct copy within the holding of In re Estate of Parker,
382 So.2d 652 (Fla.1980). On the contrary, Parker specifically provided that a “correct copy” for the purposes of section
733.207(3) “is an identical copy such as a carbon or photostatic copy.” [e.s.]
382 So.2d at 654 ....
...a legal description of real property and “some trivial address changes for one or two of the named beneficiaries.” In re Estate of Parker,
369 So.2d 1034, 1035 (Fla. 4th DCA 1979). The supreme court concluded that the term “correct copy” in section
733.207(3) is synonymous with the words “identical copy” and that the earlier drafts did not meet the statutory requirement because “a draft is not a double or a true transcript of an original writing.”
382 So.2d at 654 ....
...on or photostatic copy.”
382 So.2d at 654 . The testimony of the only surviving witness in this case was that the copy proffered was identical to the original executed by the decedent. It thus met all the requirements of a “correct copy” under section
733.207(3) for proving the content of a lost original will....
CopyPublished | Supreme Court of Florida
...Proof of wills.
§
733.202, Fla. Stat. Petition.
§
733.204, Fla. Stat. Probate of a will written in a foreign language.
§
733.205, Fla. Stat. Probate of notarial will.
§
733.206, Fla. Stat. Probate of will of resident after foreign probate.
§
733.207, Fla....
