The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 734
PROBATE CODE: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

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F.S. 734.104

734.104 Foreign wills; admission to record; effect on title.—

(1) An authenticated copy of the will of a nonresident that devises real property in this state, or any right, title, or interest in the property, may be admitted to record in any county of this state where the property is located at any time after 2 years from the death of the decedent or at any time after the domiciliary personal representative has been discharged if there has been no proceeding to administer the estate of the decedent in this state, provided:

(a) The will was executed as required by chapter 732; and

(b) The will has been admitted to probate in the proper court of any other state, territory, or country.

(2) A petition to admit a foreign will to record may be filed by any person and shall be accompanied by authenticated copies of the foreign will, the petition for probate, and the order admitting the will to probate. If no petition is required as a prerequisite to the probate of a will in the jurisdiction where the will of the nonresident was probated, upon proof by affidavit or certificate that no petition is required, an authenticated copy of the will may be admitted to record without an authenticated copy of a petition for probate, and the order admitting the will to record in this state shall recite that no petition was required in the jurisdiction of original probate.

(3) If the court finds that the requirements of this section have been met, it shall enter an order admitting the foreign will to record.

(4) When admitted to record, the foreign will shall be as valid and effectual to pass title to real property and any right, title, or interest therein as if the will had been admitted to probate in this state.

History.—s. 3, ch. 74-106; s. 98, ch. 75-220; s. 45, ch. 77-87; s. 229, ch. 77-104; s. 15, ch. 79-221; s. 274, ch. 79-400; s. 11, ch. 89-340; s. 173, ch. 2001-226.

Note.—Created from former s. 736.06.

F.S. 734.104 on Google Scholar

F.S. 734.104 on Casetext

Amendments to 734.104

Arrestable Offenses / Crimes under Fla. Stat. 734.104

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 734.104.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEE, v. ESTATE OF PAYNE, M. a, 148 So. 3d 776 (Fla. Dist. Ct. App. 2013)

. . . Section 734.104 provides that a foreign will that devises Florida real property and has been admitted . . . state may be admitted to probate here only if “[t]he will was executed as required by chapter 732.” § 734.104 . . . the following question of great public importance to the supreme court: DO SECTIONS 732.502(2) AND 734.104 . . .

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

. . . . § 734.104, Fla. Stat. Foreign wills; admission to record; effect on title. Rule References Fla. . . .

MCENTEE, v. MERIT SYSTEMS PROTECTION BOARD,, 404 F.3d 1320 (Fed. Cir. 2005)

. . . . § 734.104 is equally unavailing. . . . . § 734.104. . . . Such an inquiry does not conflict with the provisions of 5 C.F.R. § 734.104, which restricts the government . . .

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

. . . . § 734.104, Fla. Stat. Foreign wills; admission to record; effect on title. Rule References Fla. . . . decedent’s testate estate with property not exceeding $50,000 in this state; determination of claims. § 734.104 . . .

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

. . . . § 734.104, Fla. Stat. Foreign wills; admission to record; effect on title. Rule Reference Fla. . . .

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

. . . . § 734.104, Fla.Stat. Foreign wills; admission to record; effect on title. . . .

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

. . . Appointment of successor upon resignation. 734.104, Fla.Stat. . . .

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

. . . F.S. 734.104 Foreign wills; admission to record; effect on title. . . .

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

. . . F.S. 734.104 Foreign wills; admission to record; effect on title. . . .