reglab/housing_qa huggingface dataset:
FL Stat § 733.107 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part I - General Provisions (Ss. 733.101-733.109)|733.107 - Burden of proof in contests; presumption of undue influence.

733.107 Burden of proof in contests; presumption of undue influence.—(1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought.(2) In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304.History.—s. 1, ch. 74-106; s. 50, ch. 75-220; s. 83, ch. 2001-226; s. 5, ch. 2002-82; s. 13, ch. 2010-132; s. 3, ch. 2014-127.Note.—Created from former s. 732.31.
FL Stat § 733.109 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part I - General Provisions (Ss. 733.101-733.109)|733.109 - Revocation of probate.

733.109 Revocation of probate.—(1) A proceeding to revoke the probate of a will shall be brought in the court having jurisdiction over the administration. Any interested person, including a beneficiary under a prior will, unless barred under s. 733.212 or s. 733.2123, may commence the proceeding before final discharge of the personal representative.(2) Pending the determination of any petition for revocation of probate, the personal representative shall proceed with the administration of the estate as if no revocation proceeding had been commenced, except that no distribution may be made to beneficiaries in contravention of the rights of those who, but for the will, would be entitled to the property disposed of.(3) Revocation of probate of a will shall not affect or impair the title to property purchased in good faith for value from the personal representative prior to an order of revocation.History.—s. 1, ch. 74-106; s. 50, ch. 75-220; s. 18, ch. 77-87; s. 227, ch. 77-104; s. 84, ch. 2001-226.Note.—Created from former s. 732.30.
FL Stat § 733.201 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.201 - Proof of wills.

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.
FL Stat § 733.202 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.202 - Petition.

733.202 Petition.—Any interested person may petition for administration.History.—s. 1, ch. 74-106; s. 52, ch. 75-220; s. 19, ch. 77-87; s. 19, ch. 92-200; s. 986, ch. 97-102; s. 86, ch. 2001-226.Note.—Created from former s. 732.43.
FL Stat § 733.204 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.204 - Probate of a will written in a foreign language.

733.204 Probate of a will written in a foreign language.—(1) No will written in a foreign language shall be admitted to probate unless it is accompanied by a true and complete English translation.(2) No personal representative who complies in good faith with the English translation of the will as established by the court shall be liable for doing so.History.—s. 1, ch. 74-106; s. 54, ch. 75-220; s. 1, ch. 77-174; s. 88, ch. 2001-226.Note.—Created from former s. 732.34.
FL Stat § 733.205 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.205 - Probate of notarial will.

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.
FL Stat § 733.206 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.206 - Probate of will of resident after foreign probate.

733.206 Probate of will of resident after foreign probate.—(1) If a will of any person who dies a resident of this state is admitted to probate in any other state or country through inadvertence, error, or omission before probate in this state, the will may be admitted to probate in this state if the original could have been admitted to probate in this state.(2) An authenticated copy of the will, foreign proof of the will, the foreign order of probate, and any letters issued shall be filed instead of the original will and shall be prima facie evidence of its execution and admission to foreign probate.(3) Any interested person may oppose the probate of the will or may petition for revocation of the probate of the will, as in the original probate of a will in this state.History.—s. 1, ch. 74-106; s. 56, ch. 75-220; s. 90, ch. 2001-226.Note.—Created from former s. 732.35.
FL Stat § 733.207 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.207 - Establishment and probate of lost or destroyed will.

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.
FL Stat § 733.208 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.208 - Discovery of later will.

733.208 Discovery of later will.—On the discovery of a later will or codicil, any interested person may petition to revoke the probate of the earlier will or to probate the later will or codicil. No will or codicil may be offered after the testate or intestate estate has been completely administered and the personal representative discharged.History.—s. 1, ch. 74-106; s. 58, ch. 75-220; s. 92, ch. 2001-226.Note.—Created from former s. 732.32.
FL Stat § 733.209 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.209 - Estates of missing persons.

733.209 Estates of missing persons.—Any interested person may petition to administer the estate of a missing person; however, no personal representative shall be appointed until the court determines the missing person is dead.History.—s. 1, ch. 74-106; s. 93, ch. 2001-226.Note.—Created from former s. 732.53.
FL Stat § 733.2121 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.2121 - Notice to creditors; filing of claims.

733.2121 Notice to creditors; filing of claims.—(1) Unless creditors’ claims are otherwise barred by s. 733.710, the personal representative shall promptly publish a notice to creditors. The notice shall contain the name of the decedent, the file number of the estate, the designation and address of the court in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative’s attorney, and the date of first publication. The notice shall state that creditors must file claims against the estate with the court during the time periods set forth in s. 733.702, or be forever barred.(2) Publication shall be once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered or, if there is no newspaper published in the county, in a newspaper of general circulation in that county.(3)(a) The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable, even if the claims are unmatured, contingent, or unliquidated, and shall promptly serve a copy of the notice on those creditors. Impracticable and extended searches are not required. Service is not required on any creditor who has filed a claim as provided in this part, whose claim has been paid in full, or whose claim is listed in a personal representative’s timely filed proof of claim.(b) The personal representative is not individually liable to any person for giving notice under this section, even if it is later determined that notice was not required. The service of notice to creditors in accordance with this section shall not be construed as admitting the validity or enforceability of a claim.(c) If the personal representative in good faith fails to give notice required by this section, the personal representative is not liable to any person for the failure. Liability, if any, for the failure is on the estate.(d) If a decedent at the time of death was 55 years of age or older, the personal representative shall promptly serve a copy of the notice to creditors and provide a copy of the death certificate on the Agency for Health Care Administration within 3 months after the first publication of the notice to creditors, unless the agency has already filed a statement of claim in the estate proceedings.(e) The personal representative may serve a notice to creditors on the Department of Revenue only when the Department of Revenue is determined to be a creditor under paragraph (a).(4) Claims are barred as provided in ss. 733.702 and 733.710.History.—s. 95, ch. 2001-226; s. 9, ch. 2003-154; s. 4, ch. 2005-140; s. 49, ch. 2017-36.
FL Stat § 733.2123 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.2123 - Adjudication before issuance of letters.

733.2123 Adjudication before issuance of letters.—A petitioner may serve formal notice of the petition for administration on interested persons. A person who is served with such notice before the issuance of letters or who has waived notice may not challenge the validity of the will, testacy of the decedent, venue, or jurisdiction of the court, except in the proceedings before issuance of letters.History.—s. 60, ch. 75-220; s. 2, ch. 81-27; s. 987, ch. 97-102; s. 96, ch. 2001-226; s. 14, ch. 2010-132; s. 3, ch. 2015-27.
FL Stat § 733.213 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part II - Commencing Administration (Ss. 733.201-733.213)|733.213 - Probate as prerequisite to judicial construction of will.

733.213 Probate as prerequisite to judicial construction of will.—A will may not be construed until it has been admitted to probate.History.—s. 1, ch. 74-106; s. 61, ch. 75-220; s. 97, ch. 2001-226.Note.—Created from former s. 732.42.
FL Stat § 733.301 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.301 - Preference in appointment of personal representative.

733.301 Preference in appointment of personal representative.—(1) In granting letters of administration, the following order of preference shall be observed:(a) In testate estates:1. The personal representative, or his or her successor, nominated by the will or pursuant to a power conferred in the will.2. The person selected by a majority in interest of the persons entitled to the estate.3. A devisee under the will. If more than one devisee applies, the court may select the one best qualified.(b) In intestate estates:1. The surviving spouse.2. The person selected by a majority in interest of the heirs.3. The heir nearest in degree. If more than one applies, the court may select the one best qualified.(2) A guardian of the property of a ward who if competent would be entitled to appointment as, or to select, the personal representative may exercise the right to select the personal representative.(3) In either a testate or an intestate estate, if no application is made by any of the persons described in subsection (1), the court shall appoint a capable person; but no person may be appointed under this subsection:(a) Who works for, or holds public office under, the court.(b) Who is employed by, or holds office under, any judge exercising probate jurisdiction.(4) After letters have been granted in either a testate or an intestate estate, if a person who was entitled to, and has not waived, preference over the person appointed at the time of the appointment and on whom formal notice was not served seeks the appointment, the letters granted may be revoked and the person entitled to preference may have letters granted after formal notice and hearing.(5) After letters have been granted in either a testate or an intestate estate, if any will is subsequently admitted to probate, the letters shall be revoked and new letters granted.History.—s. 1, ch. 74-106; s. 62, ch. 75-220; s. 21, ch. 77-87; s. 1, ch. 77-174; s. 988, ch. 97-102; s. 98, ch. 2001-226.Note.—Created from former s. 732.44.
FL Stat § 733.302 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.302 - Who may be appointed personal representative.

733.302 Who may be appointed personal representative.—Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 5, ch. 79-343; s. 989, ch. 97-102; s. 99, ch. 2001-226.Note.—Created from former s. 732.45.
FL Stat § 733.303 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.303 - Persons not qualified.

733.303 Persons not qualified.—(1) A person is not qualified to act as a personal representative if the person:(a) Has been convicted of a felony.(b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101.(c) Is mentally or physically unable to perform the duties.(d) Is under the age of 18 years.(2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301.History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 22, ch. 77-87; s. 990, ch. 97-102; s. 2, ch. 2021-221.Note.—Created from former s. 732.46.
FL Stat § 733.304 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.304 - Nonresidents.

733.304 Nonresidents.—A person who is not domiciled in the state cannot qualify as personal representative unless the person is:(1) A legally adopted child or adoptive parent of the decedent;(2) Related by lineal consanguinity to the decedent;(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or(4) The spouse of a person otherwise qualified under this section.History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 6, ch. 79-343.Note.—Created from former s. 732.47.
FL Stat § 733.305 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.305 - Trust companies and other corporations and associations.

733.305 Trust companies and other corporations and associations.—(1) All trust companies incorporated under the laws of Florida, all state banking corporations and state savings associations authorized and qualified to exercise fiduciary powers in Florida, and all national banking associations and federal savings and loan associations authorized and qualified to exercise fiduciary powers in Florida shall be entitled to act as personal representatives and curators of estates.(2) When a qualified corporation has been named as a personal representative in a will and subsequently transfers its business and assets to, consolidates or merges with, or is in any manner provided by law succeeded by, another qualified corporation, on the death of the testator, the successor corporation may qualify as personal representative unless the will provides otherwise.(3) A corporation authorized and qualified to act as a personal representative as a result of merger or consolidation shall succeed to the rights and duties of all predecessor corporations as the personal representative of estates upon filing proof in the court, and without a new appointment. A purchase of substantially all the assets and the assumption of substantially all the liabilities shall be deemed a merger for the purpose of this section.History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 1, ch. 77-174; s. 3, ch. 81-27; s. 100, ch. 2001-226.Note.—Created from former s. 732.49.
FL Stat § 733.306 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.306 - Effect of appointment of debtor.

733.306 Effect of appointment of debtor.—The appointment of a debtor as personal representative shall not extinguish the debt due the decedent.History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 101, ch. 2001-226.Note.—Created from former s. 732.51.
FL Stat § 733.307 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.307 - Succession of administration.

733.307 Succession of administration.—The personal representative of the estate of a deceased personal representative is not authorized to administer the estate of the first decedent. On the death of a sole or surviving personal representative, the court shall appoint a successor personal representative to complete the administration of the estate.History.—s. 1, ch. 74-106; s. 64, ch. 75-220; s. 102, ch. 2001-226.Note.—Created from former s. 732.52.
FL Stat § 733.308 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.308 - Administrator ad litem.

733.308 Administrator ad litem.—When an estate must be represented and the personal representative is unable to do so, the court shall appoint an administrator ad litem without bond to represent the estate in that proceeding. The fact that the personal representative is seeking reimbursement for claims against the decedent does not require appointment of an administrator ad litem.History.—s. 1, ch. 74-106; s. 65, ch. 75-220; s. 103, ch. 2001-226.Note.—Created from former s. 732.55.
FL Stat § 733.309 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part III - Preference in Appointment and Qualifications of Personal Representative (Ss. 733.301-733.3101)|733.309 - Executor de son tort.

733.309 Executor de son tort.—No person shall be liable to a creditor of a decedent as executor de son tort, but any person taking, converting, or intermeddling with the property of a decedent shall be liable to the personal representative or curator, when appointed, for the value of all the property so taken or converted and for all damages to the estate caused by the wrongful action. This section shall not be construed to prevent a creditor of a decedent from suing anyone in possession of property fraudulently conveyed by the decedent to set aside the fraudulent conveyance.History.—s. 1, ch. 74-106; s. 65, ch. 75-220; s. 991, ch. 97-102; s. 104, ch. 2001-226.