The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.201

733.201 Proof of wills.—

(1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. However, a purportedly self-proved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if the execution of such electronic will, or the acknowledgment by the testator and the affidavits of the witnesses, involves an online notarization in which there was a substantial failure to comply with the procedures set forth in s. 117.265.

(2) A will may be admitted to probate upon the oath of any attesting witness taken before any circuit judge, commissioner appointed by the court, or clerk.

(3) If it appears to the court that the attesting witnesses cannot be found or that they have become incapacitated after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will as provided in subsection (2), whether or not the nominated personal representative is interested in the estate, or upon the oath of any person having no interest in the estate under the will stating that the person believes the writing exhibited to be the true last will of the decedent.

History.—s. 1, ch. 74-106; s. 51, ch. 75-220; s. 985, ch. 97-102; s. 85, ch. 2001-226; s. 9, ch. 2009-115; s. 38, ch. 2019-71.

Note.—Created from former s. 732.24.

F.S. 733.201 on Google Scholar

F.S. 733.201 on Casetext

Amendments to 733.201

Arrestable Offenses / Crimes under Fla. Stat. 733.201

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.201.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA PROBATE RULES, 123 So. 3d 31 (Fla. 2013)

. . . Revocation of pro- § 733.201, Fla. Stat. Proof of wills. § 733.504rFla. Stat. . . .

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

. . . . § 733.201, Fla. Stat. Proof of wills. § 733.202, Fla. Stat. Petition. § 733.204, Fla. Stat. . . .

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

. . . . § 733.201, Fla. Stat. Proof of wills. § 733.202, Fla. Stat. Petition. § 733.204, Fla. Stat. . . . Revocation of probate. § 733.201, Fla. Stat. Proof of wills. § 733.504, Fla. Stat. . . .

In ESTATE OF L. HARTMAN, M. O. v. L., 836 So. 2d 1038 (Fla. Dist. Ct. App. 2002)

. . . Section 733.201(1), Florida Statutes (2000), provides that “[s]elf-proved wills executed in accordance . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . . § 733.201, Fla. Stat. Proof of wills. § 733.202, Fla. Stat. Petition. § 733.204, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 733.201, Fla.Stat. Proof of wills. § 733.202, Fla.Stat. Petition. § 733.204, Fla.Stat. . . .

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

. . . Self-proof of will. ⅞&§ 733.201, Fla.Stat. Proof of wills. § 733.202, Fla.Stat. Petition. . . . R§4 733.201, Fla.Stat. Proof of wills. R&¿ 733.504, Fla.Stat. . . .

IN RE ESTATE OF SPECTOR, 49 Fla. Supp. 2d 99 (Fla. Cir. Ct. 1991)

. . . and she need not supply the court with an oath of an attesting witness pursuant to Florida Statute 733.201 . . . Florida Statute 733.201 — Proof of Wills provides: (1) Self-proved wills executed in accordance with . . .

In ESTATE OF M. McGAHEE. PERRY, Jr. v. NEESMITH, M. D., 550 So. 2d 83 (Fla. Dist. Ct. App. 1989)

. . . .” § 733.201, Fla.Stat. (1987). . . .

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

. . . F.S. 733.201 Proof of wills. F.S. 733.204 Probate of will written in foreign language. . . . F.S. 733.201 Proof of wills. F.S. 733.504 Causes of removal of personal representative. . . .

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

. . . F.S. 733.201 Proof of wills. F.S. 733.204 Probate of will written in foreign language. . . . F.S. 733.201 Proof of wills. F.S. 733.504 Causes of removal of personal representative. . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . Statutory References F.S. 733.201 Proof of wills F.S. 733.204 Probate of will written in foreign language . . .

JOHNSON v. KNIGHT,, 424 So. 2d 166 (Fla. Dist. Ct. App. 1983)

. . . . § 733.201(18) [731.201(18)] and § 732.103. . . .

NARDI, v. NARDI H., 390 So. 2d 438 (Fla. Dist. Ct. App. 1980)

. . . The petitioners elected not to proceed pursuant to Section 733.201, Florida Statutes (1979) under which . . . the procedures involved when a will is admitted to probate under the alternative provisions of Sec. 733.201 . . .

THE FLORIDA BAR. In SUPPLEMENTAL PETITION FOR CHANGES IN FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 344 So. 2d 828 (Fla. 1977)

. . . Committee Notes: 1975 Revision: Substantially the same as FPC 733.201 with subparagraph (d) added to . . .

In FLORIDA RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 324 So. 2d 38 (Fla. 1975)

. . . Committee Note: Substantially the same as FPC 733.201 with subparagraph (d) added to permit proof of . . .