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. 733.205

733.205 Probate of notarial will.—

(1) When a copy of a notarial will in the possession of a notary entitled to its custody in a foreign state or country, the laws of which state or country require that the will remain in the custody of the notary, duly authenticated by the notary, whose official position, signature, and seal of office are further authenticated by an American consul, vice consul, or other American consular officer within whose jurisdiction the notary is a resident, or whose official position, signature, and seal of office have been authenticated according to the requirements of the Hague Convention of 1961, is presented to the court, it may be admitted to probate if the original could have been admitted to probate in this state.

(2) The duly authenticated copy shall be prima facie evidence of its purported execution and of the facts stated in the certificate in compliance with subsection (1).

(3) Any interested person may oppose the probate of such a notarial will or may petition for revocation of probate of such a notarial will, as in the original probate of a will in this state.

History.—s. 1, ch. 74-106; s. 55, ch. 75-220; s. 89, ch. 2001-226; s. 7, ch. 2003-154.

Note.—Created from former s. 732.37.

F.S. 733.205 on Google Scholar

F.S. 733.205 on Casetext

Amendments to 733.205

Arrestable Offenses / Crimes under Fla. Stat. 733.205

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.205.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MALLEIRO, v. MORI,, 182 So. 3d 5 (Fla. Dist. Ct. App. 2015)

. . . See § 733.205, Fla. . . . .” § 733.205, Fla. Stat. (2013). . . . . ■ § 733.205 (emphasis added). The Probate Code does not define the term “notarial will.” . . . Nevertheless, there'would be .no point to recognize foreign notarial wills in section 733.205 if they . . . This reading of the statute honors the policy of comity reflected in section 733.205 by recognizing the . . .

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

. . . . § 733.205, Fla. Stat. Probate of notarial will. § 733.206, Fla. Stat. . . .

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

. . . . § 733.205, Fla. Stat. Probate of notarial will. § 733.206, Fla. Stat. . . .

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

. . . . § 733.205, Fla. Stat. Probate of notarial will. § 733.206, Fla. Stat. . . .

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

. . . . § 733.205, Fla.Stat. Probate of notarial will. § 733.206, Fla.Stat. . . .

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

. . . Probate of a will written in a foreign language. ¾§⅛ 733.205, Fla.Stat. . . .

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

. . . F.S. 733.205 Probate of notarial will. . . .

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

. . . F.S. 733.205 Probate of notarial will. . . . See FPR 5.210 and F.S. 733.205. RULE 5.310. . . .

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

. . . F.S. 733.205 Probate of notarial will. . . . See Fla.R.P. & G.P. 5.210 and F.S. 733.205. Rule 5.340. INVENTORY (a) Contents and filing. . . .

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 same as FPC 733.205. 1977 Revision: Unchanged. . . .

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

. . . Committee Note: Substantially same as FPC 733.205. . . .