Florida Statute 734.104 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 734
PROBATE CODE: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

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F.S. 734.104

734.104 Foreign wills; admission to record; effect on title.—

(1) An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the property, may be admitted to record in any county of this state where the property is located at any time after 2 years from the death of the decedent or at any time after the domiciliary personal representative has been discharged if there has been no proceeding to administer the estate of the decedent in this state, provided:

(a) The will was executed as required by chapter 732; and

(b) The will has been admitted to probate in the proper court of any other state, territory, or country.

(2) A petition to admit a foreign will to record may be filed by any person and shall be accompanied by authenticated copies of the foreign will, the petition for probate, and the order admitting the will to probate. If no petition is required as a prerequisite to the probate of a will in the jurisdiction where the will of the nonresident was probated, upon proof by affidavit or certificate that no petition is required, an authenticated copy of the will may be admitted to record without an authenticated copy of a petition for probate, and the order admitting the will to record in this state shall recite that no petition was required in the jurisdiction of original probate.

(3) If the court finds that the requirements of this section have been met, it shall enter an order admitting the foreign will to record.

(4) When admitted to record, the foreign will shall be as valid and effectual to pass title to real property and any right, title, or interest therein as if the will had been admitted to probate in this state.

History.—s. 3, ch. 74-106; s. 98, ch. 75-220; s. 45, ch. 77-87; s. 229, ch. 77-104; s. 15, ch. 79-221; s. 274, ch. 79-400; s. 11, ch. 89-340; s. 173, ch. 2001-226.

Note.—Created from former s. 736.06.

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Amendments to 734.104

Arrestable Offenses / Crimes under Fla. Stat. 734.104

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 734.104.

Annotations, Discussions, Cases:

Cases Citing Statute 734.104

Total Results: 9

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: and probate of lost or destroyed will. § 734.104, Fla. Stat. Foreign wills; admission to record;

Lee v. Estate Payne

Court: District Court of Appeal of Florida | Date Filed: 2013-09-18

Citation: 148 So. 3d 776, 2013 WL 5225200, 2013 Fla. App. LEXIS 14822

Snippet: not be considered a holographic will. Section 734.104 provides that a foreign will that devises Florida

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2010-09-02

Citation: 50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Snippet: Establishment and probate of lost or destroyed will. § 734.104, Fla. Stat. Foreign wills; admission to record;

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: - Appointment of successor upon resignation. § 734.104, Fla. Stat. Foreign wills; admission to record;

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2002-05-02

Citation: 824 So. 2d 849, 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699

Snippet: Appointment of successor upon resignation. § 734.104, Fla. Stat. Foreign wills; admission to record;

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1996-10-03

Citation: 683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Snippet: Appointment of successor upon resignation. 734.104, Fla.Stat. Foreign wills; admission to record;

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Snippet: Stat. Appointment of successor upon resignation. 734.104, Fla.Stat. Foreign wills; admission to record;

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Snippet: Appointment of successor upon resignation. F.S. 734.104 Foreign wills; admission to record; effect on title

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-09-29

Citation: 531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Snippet: Appointment of successor upon resignation. F.S. 734.104 Foreign wills; admission to record; effect on title