The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.901

732.901 Production of wills.—

(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to the clerk upon deposit.

(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. All costs, damages, and a reasonable attorney’s fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.

(3) An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk.

(4) Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. Transforming and storing a will on film, microfilm, magnetic, electronic, optical, or other substitute media or recording a will onto an electronic recordkeeping system, whether or not in accordance with the standards adopted by the Supreme Court of Florida, or permanently recording a will does not eliminate the requirement to preserve the original will.

(5) For purposes of this section, the term “will” includes a separate writing as described in s. 732.515.

History.—s. 1, ch. 74-106; s. 44, ch. 75-220; s. 18, ch. 92-200; s. 972, ch. 97-102; s. 59, ch. 2001-226; s. 8, ch. 2013-172.

Note.—Created from former s. 732.22.

F.S. 732.901 on Google Scholar

F.S. 732.901 on Casetext

Amendments to 732.901

Arrestable Offenses / Crimes under Fla. Stat. 732.901

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.901.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, FLORIDA RULES OF JUDICIAL ADMINISTRATION, FLORIDA RULES OF CRIMINAL PROCEDURE, FLORIDA PROBATE RULES, FLORIDA SMALL CLAIMS RULES, FLORIDA RULES OF JUVENILE PROCEDURE, FLORIDA RULES OF APPELLATE PROCEDURE, AND FLORIDA FAMILY LAW RULES OF PROCEDURE- ELECTRONIC FILING, 102 So. 3d 451 (Fla. 2012)

. . . Ü C¡ (B I V. 3 p* XJl ct-O oq rH CO § 732.901, Fla. Stat. Production of wills. Rule References Fla. . . . See § 732.901(1), Fla. Stat. (2011). . . . .

ROSSEN a k a v. BILCHIK,, 46 So. 3d 1233 (Fla. Dist. Ct. App. 2010)

. . . Appellee Janice Bil-chik filed a petition against appellant Betsy Ann Rossen under section 732.901, Florida . . . circuit judge entered an order that was tantamount to a final judgment granting full relief under section 732.901 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . interests-in property passing by will or intestate- succession or under certain powers of appointment § 732.901 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 732.901, Fla. Stat. Production of wills. § 733.104, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 732.901, Fla. Stat. Production of wills. § 733.104, Fla. Stat. . . .

M. ANDREWS, S. v. T. McGOWAN, K., 739 So. 2d 132 (Fla. Dist. Ct. App. 1999)

. . . See, e.g., section 732.901, Florida Statutes, dealing with anatomical gifts (organ donations). . . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . F.S, 732,803 Charitable devises. ⅛⅞⅛ 732.901, Fla.Stat. Production of wills. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 732.901 Production of wills. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 732.901 Production of wills. . . .