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Florida Statute 733.103 | Lawyer Caselaw & Research
F.S. 733.103 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 733.103

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
F.S. 733.103
733.103 Effect of probate.
(1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator.
(2) In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator’s death.
History.s. 1, ch. 74-106; s. 48, ch. 75-220; s. 17, ch. 77-87; s. 1, ch. 77-174; s. 79, ch. 2001-226.
Note.Created from former s. 732.26.

F.S. 733.103 on Google Scholar

F.S. 733.103 on Casetext

Amendments to 733.103


Arrestable Offenses / Crimes under Fla. Stat. 733.103
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.103.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MULVEY, v. STEPHENS, J., 250 So. 3d 106 (Fla. App. Ct. 2018)

. . . and substantive, between wills and trusts, for the reasoning of DeWitt , and the purpose of section 733.103 . . .

WOLF, v. Jo DOLL, T., 229 So. 3d 1280 (Fla. Dist. Ct. App. 2017)

. . . Generally, collateral proceedings to a probate action are governed by section 733.103(2), Florida Statutes . . .

G. MARCELLUS v. VIRGINIA STATE BOARD OF ELECTIONS B. a a B. a, 849 F.3d 169 (4th Cir. 2017)

. . . . § 733.103. . . . political office in elections for local office in the municipality or political subdivision.” 5 C.F.R. § 733.103 . . .

LEWIS, v. MERIT SYSTEMS PROTECTION BOARD,, 594 F. App'x 974 (Fed. Cir. 2014)

. . . . § 733.103(b)(1)). This limited exception, however, was inapplicable to Mr. . . .

KOWALSKI, a v. JACKSON NATIONAL LIFE INSURANCE COMPANY, a v. P., 981 F. Supp. 2d 1309 (S.D. Fla. 2013)

. . . . § 733.103 which provides that “[u]ntil admitted to probate in this state or in a state where the decedent . . . Stat. § 733.103(1). . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 733.103, Fla. Stat. Effect of probate. § 733.201, Fla. Stat. Proof of wills. § 733.202, Fla. . . .

A. SCHILLING, v. HERRERA,, 952 So. 2d 1231 (Fla. Dist. Ct. App. 2007)

. . . Section 733.103(2), Florida Statutes (1977), provides as follows:. . . . Because they lacked assiduity in failing to avail themselves of this remedy, we interpret section 733.103 . . . The trial court granted the defendant’s motion to dismiss, finding that pursuant to section 733.103, . . . , the action “falls into the category of cases that DeWitt considers outside the purview of Section 733.103 . . .

RICE, v. GREENE, Sr., 941 So. 2d 1230 (Fla. Dist. Ct. App. 2006)

. . . Rice points to section 733.103(1), Florida Statutes (2004). . . . Section 733.103(1) provides that “[ujntil admitted to probate in this state or in the state where the . . . Rice is correct that under section 733.103, Mr. . . .

K. MILLER, v. HAYMAN, J., 766 So. 2d 1116 (Fla. Dist. Ct. App. 2000)

. . . If she did not succeed in revoking the will, the interference claim would be barred by section 733.103 . . .

ALL CHILDREN S HOSPITAL, INC. St. St. s v. H. OWENS,, 754 So. 2d 802 (Fla. Dist. Ct. App. 2000)

. . . The public policy of finality concerning devised property contained in section 733.103(2), Florida Statutes . . . Charities’ theory, it would substantially impact upon the public policy of finality advanced by section 733.103 . . . Section 733.103(2), Florida Statutes (1993) provides: In any collateral action or proceeding relating . . .

MARTIN v. MARTIN,, 687 So. 2d 903 (Fla. Dist. Ct. App. 1997)

. . . The probate statute involved in DeWitt, section 733.103(2), Fla. . . . In concluding that the trial court was correct, the supreme court characterized section 733.103(2) as . . . and substantive, between wills and trusts, for the reasoning of DeWitt, and the purpose of section 733.103 . . .

R. CAVANAUGH, M. v. R. CAVANAUGH,, 542 So. 2d 1345 (Fla. Dist. Ct. App. 1989)

. . . In that case, not involving homestead, the supreme court held that section 733.103, Florida Statutes, . . .

EBELING, f k a f k a v. G. VOLTZ, 454 So. 2d 783 (Fla. Dist. Ct. App. 1984)

. . . Whether Section 733.103(2), Florida Statutes is an unconstitutional infringement on the Supreme Court . . . I There has been little case law illuminating Section 733.103(2), Florida Statutes (1983), so we must . . . That court certified the question of whether such a suit was barred by Section 733.103(2) to the Florida . . . Section 733.103(2), Florida Statutes, both in 1977 and presently, provides that the probate of a Florida . . . case therefore falls into the category of cases that DeWitt considers outside the purview of Section 733.103 . . .

G. DeWITT M. v. R. DUCE,, 675 F.2d 670 (5th Cir. 1982)

. . . grievance, with a fair opportunity to pursue it, the Florida Court held they were barred by section 733.103 . . . Fla.Stat. § 733.103(2) provides: In any collateral action or proceeding relating to devised property, . . .

G. DeWITT M. v. R. DUCE, W. E., 408 So. 2d 216 (Fla. 1981)

. . . through the federal courts, the district court on remand dismissed the cause on the ground that section 733.103 . . . Because section 733.103(2) is little more than the codification of the common-law rule against collateral . . . Because they lacked assiduity in failing to avail themselves of this remedy, we interpret section 733.103 . . .

G. DeWITT M. v. R. DUCE, 642 F.2d 159 (5th Cir. 1981)

. . . . § 733.103(2) (West Supp.1981) forecloses plaintiffs from proving the facts necessary to prevail on . . .