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Florida Statute 733.207 | Lawyer Caselaw & Research
F.S. 733.207 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 733.207

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. 733.207
733.207 Establishment and probate of lost or destroyed will.Any interested person may establish the full and precise terms of a lost or destroyed will and offer the will for probate. The specific content of the will must be proved by the testimony of two disinterested witnesses, or, if a correct copy is provided, it shall be proved by one disinterested witness.
History.s. 1, ch. 74-106; s. 57, ch. 75-220; s. 91, ch. 2001-226.
Note.Created from former s. 732.27.

F.S. 733.207 on Google Scholar

F.S. 733.207 on Casetext

Amendments to 733.207


Arrestable Offenses / Crimes under Fla. Stat. 733.207
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.207.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA PROBATE RULES- FAST- TRACK REPORT., 253 So. 3d 983 (Fla. 2018)

. . . . § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. . . .

BRENNAN v. HONSBERGER,, 101 So. 3d 415 (Fla. Dist. Ct. App. 2012)

. . . is by the establishment and admission to probate of the lost or destroyed will pursuant to section 733.207 . . . Section 733.207, Florida Statutes (2007), provides: Any interested person may establish the full and . . . Honsber-ger’s interpretation of section 733.207 is incorrect. Brennan, 40 So.3d at 896. . . .

SMITH Co- P. v. DePARRY, P. III,, 86 So. 3d 1228 (Fla. Dist. Ct. App. 2012)

. . . to prove its content by the testimony of at least one disinterested witness as required by section 733.207 . . . THE FACTS In their first amended petition, the Co-Personal Representatives sought, under section 733.207 . . . THE APPLICABLE LAW Section 733.207 outlines the procedure for establishing a lost or destroyed will: . . . computer copy was a “draft” that did not qualify as a “correct copy” within the meaning of section 733.207 . . . It follows that a “disinterested witness”— as the term is used in section 733.207— refers to a person . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . . § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. . . .

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

. . . . § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 734.104, Fla. Stat. . . .

BRENNAN v. ESTATE OF J. BRENNAN, Jr., 40 So. 3d 894 (Fla. Dist. Ct. App. 2010)

. . . is by the establishment and admission to probate of the lost or destroyed will pursuant to section 733.207 . . . Section 733.207, Florida Statutes (2007), provides: Any interested person may establish the full and . . . Honsberger’s interpretation of section 733.207 is incorrect. . . . re Estate of Parker, 382 So.2d at 654, the supreme court, interpreting an earlier version of section 733.207 . . . required to present the testimony of at least one disinterested witness to establish its contents. § 733.207 . . .

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

. . . . § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. . . .

In ESTATE OF MUSIL, v., 965 So. 2d 1157 (Fla. Dist. Ct. App. 2007)

. . . Section 733.207, Florida Statutes (2005), outlines the procedure for establishing a lost or destroyed . . . one disinterested witness to prove the execution and the content of the will as required by section 733.207 . . .

In ESTATE OF HATTEN. v., 880 So. 2d 1271 (Fla. Dist. Ct. App. 2004)

. . . Section 733.207, Florida Statutes (2003), states: 733.207 Establishment and probate of lost or destroyed . . . In this case the section 733.207 procedure cannot be used by the plaintiffs. . . . that they cannot establish the contents of the destroyed will in a probate proceeding under section 733.207 . . .

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

. . . . § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. . . . Probate of will of resident after foreign probate. § 733.207, Fla. Stat. . . . Committee Notes This rule represents a rule implementation of the procedure formerly found in section 733.207 . . . committee notes. 2002 Revision: Subdivision (d) added to implement procedure formerly found in section 733.207 . . .

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

. . . . § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.502, Fla. Stat. . . . Committee Notes This rule represents a rule implementation of the procedure found in section 733.207, . . . committee notes. 2002 Revision: Subdivision (d) added to implement procedure formerly found in section 733.207 . . . Statutory Reference § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 807 So. 2d 622 (Fla. 2001)

. . . . § 733.207, Fla. Stat. Establishment and probate of lost or destroyed will. § 733.208, Fla. Stat. . . .

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

. . . . § 733.207, Fla.Stat. Establishment and probate of lost or destroyed will. § 733.502, Fla.Stat. . . .

In ESTATE OF COCHRAN a k a M., 639 So. 2d 625 (Fla. Dist. Ct. App. 1994)

. . . ruling that the allegations were insufficient to admit a subsequent will to probate pursuant to section 733.207 . . . Under section 733.207, a petition of this type must contain a copy of the will or its substance. . . .

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

. . . Revocation of probate. 1⅛=⅛ 733.207, Fla.Stat. . . . Probate of will of resident after foreign probate. § 733.207, Fla.Stat. . . . Committee Notes This rule represents a rule implementation of the procedure found in Bisection 733.207 . . . Statutory Reference ⅜&§ 733.207, Fla.Stat. Establishment and probate of lost or destroyed will. . . .

WALTON v. ESTATE OF E. WALTON,, 601 So. 2d 1266 (Fla. Dist. Ct. App. 1992)

. . . one disinterested witness testified that it was a correct copy, we find the requirements of section 733.207 . . .

In ESTATE OF KERO, a k a BURY, v. DiLEGGE,, 591 So. 2d 675 (Fla. Dist. Ct. App. 1992)

. . . judgment, the trial court found that the unsigned carbon copy was not the correct copy required by section 733.207 . . . In order to establish a lost will, section 733.207(3) requires that: The content of the will must be . . . On the contrary, Parker specifically provided that a “correct copy” for the purposes of section 733.207 . . . The supreme court concluded that the term “correct copy” in section 733.207(3) is synonymous with the . . . It thus met all the requirements of a “correct copy” under section 733.207(3) for proving the content . . .

In ESTATE OF BIERMAN,, 587 So. 2d 1163 (Fla. Dist. Ct. App. 1991)

. . . if the will were not admitted to probate, did not receive the same formal notice pursuant to Section 733.207 . . .

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

. . . F.S. 733.207 Establishment and probate of lost or destroyed will. . . . Committee Notes This rule represents a rule implementation of the procedure found in F.S. 733.207. . . . Statutory Reference F.S. 733.207 Establishment and probate of lost or destroyed will. . . .

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

. . . F.S. 733.207 Establishment and probate of lost or destroyed will. . . . Committee Notes This rule represents a rule implementation of the procedure found in F.S. 733.207. . . . Statutory Reference F.S. 733.207 Establishment and probate of lost or destroyed will. . . .

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

. . . F.S. 733.207 Establishment and probate of lost or destroyed will. . . . Statutory Reference F.S. 733.207 Establishment and probate of lost or destroyed will. . . .

LOWY, v. ROBERTS E., 453 So. 2d 886 (Fla. Dist. Ct. App. 1984)

. . . Lowy’s alleged non-compliance with the requirements imposed by Sec. 733.207, Fla.Stat. (1981) for the . . . blank and then conformed with typing after the testator and the witnesses had signed the original. .733.207 . . . whether the conformed copy of the will attached to the widow’s petition is a "correct copy” under § 733.207 . . .

In ESTATE W. PARKER, 382 So. 2d 652 (Fla. 1980)

. . . arises from a petition to establish and for probate of a lost or destroyed will pursuant to section 733.207 . . . be one of great public interest, and certified to this Court the following question: Under Chapter 733.207 . . . Section 733.207(3) requires that the contents of a lost or destroyed will be proved by the testimony . . . OVERTON and ALDERMAN, JJ., dissent. . 733.207 Establishment and probate of lost or destroyed will. (1 . . .

In ESTATE W. PARKER,, 369 So. 2d 1034 (Fla. Dist. Ct. App. 1979)

. . . The problem here presented concerns Chapter 733.207(3) of the Florida Statutes (1977) which provides: . . . great public interest, and hereby certify the following question to the Supreme Court: UNDER CHAPTER 733.207 . . .

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: Same as FPC 733.207 with editorial changes. 1977 Revision: Editorial . . .

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

. . . Committee Note: Same as FPC 733.207 with editorial changes. . . .