Florida Statutes

Fla. Stat. § 733.207 (2025)

Establishment and probate of lost or destroyed will.

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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. The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness.

History.—s. 1, ch. 74-106; s. 57, ch. 75-220; s. 91, ch. 2001-226.

Note.—Created from former s. 732.27.

Notes of Decisions

Cited in 31 cases (7 in the last 5 years), 1980–2026 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 8× “*1075 § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will.”

In Re Est. of Parker, 382 So. 2d 652 (Fla. 1980). · cites it 5× “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).”

In Re Est. of Hatten, 880 So. 2d 1271 (Fla. 3d DCA 2004). · cites it 4× “Section 733.207, Florida Statutes (2003), states: 733.”

Est. of: I. Wilner Appeal of: Baker, L., 142 A.3d 796 (Pa. 2016). “§ 14-3415(B), (C); Fla. Stat. § 733.207 . Still others allow a copy of the will to be introduced and either provide that the copy suffices so long as it is proved to be complete, see N.”

Smith v. DeParry, 86 So. 3d 1228 (Fla. 2d DCA 2012). · cites it 11× “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).”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 3× “F.S. 733.207 Establishment and probate of lost or destroyed will.”

Brennan v. Est. of Brennan, 40 So. 3d 894 (Fla. 5th DCA 2010). · cites it 9× “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.”

Walton v. Est. of Walton, 601 So. 2d 1266 (Fla. 3d DCA 1992). · cites it 2× “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.”

In Re Est. of Musil, 965 So. 2d 1157 (Fla. 2d DCA 2007). · cites it 3× “The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness.”

Bury v. DiLegge, 591 So. 2d 675 (Fla. 4th DCA 1992). · cites it 6× “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…”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). · cites it 2× “F.S. 733.207 Establishment and probate of lost or destroyed will.”

In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 2× “§ 733.207, Fla. Stat. Establishment and probate of lost or destroyed will.”

Show all 31 citing cases →

— 733.207(3) — 6 cases

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “*1075 § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will.”

In Re Est. of Parker, 382 So. 2d 652 (Fla. 1980). “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).”

Bury v. DiLegge, 591 So. 2d 675 (Fla. 4th DCA 1992). “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…”

In Re Est. of Bierman, 587 So. 2d 1163 (Fla. 4th DCA 1991).

Lowy v. Roberts, 453 So. 2d 886 (Fla. 3d DCA 1984).

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