Florida Statutes

Fla. Stat. § 733.213 (2025)

Probate as prerequisite to judicial construction of will.

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733.213 Probate as prerequisite to judicial construction of will.—A will may not be construed until it has been admitted to probate.

History.—s. 1, ch. 74-106; s. 61, ch. 75-220; s. 97, ch. 2001-226.

Note.—Created from former s. 732.42.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1998–2022 · leading case: Cody v. Cody, 127 So. 3d 753 (Fla. 1st DCA 2013).

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Cody v. Cody, 127 So. 3d 753 (Fla. 1st DCA 2013). · cites it 2× “” § 733.213, Fla. Stat. While Mr. Martin’s will is self-proving, pursuant to section 732.”

First Union Nat. Bank v. Est. of Mizell, 807 So. 2d 78 (Fla. 5th DCA 2001). · cites it 2× “The trial court was correct to cite section 733.213, Florida Statutes (1999) and In re Estate of Smith, 716 So.”

Alfredo Tendler v. Kenneth N. Johnson (Fla. 4th DCA 2021). · cites it 2× “That statute speaks of the “validity of the will,” not of the “validity of the will or a part thereof.” Essentially, Tendler and the PRs both sought to have the circuit court construe a provision of the will.”

William Gundlach, III v. Jon Erik Gundlach (Fla. 4th DCA 2022). · cites it 2× “Thus, we reasoned that both the brother and the personal representatives essentially sought to have the probate court construe a provision of the will.”

Ranfranz v. Hann, 716 So. 2d 335 (Fla. 2d DCA 1998). · cites it 2× “Section 733.213, Florida Statutes (1997), provides that “[n]o pleading seeking construction, of a will may be maintained until the will has first been probated.”

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