(1) The venue for probate of wills and granting letters shall be:
(a) In the county in this state where the decedent was domiciled.
(b) If the decedent had no domicile in this state, then in any county where the decedent’s property is located.
(c) If the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides.
(2) For the purpose of this section, a married woman whose husband is an alien or a nonresident of Florida may establish or designate a separate domicile in this state.
(3) Whenever a proceeding is filed laying venue in an improper county, the court may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected by the improper venue.
History.—s. 1, ch. 74-106; s. 46, ch. 75-220; s. 981, ch. 97-102; s. 78, ch. 2001-226.
Note.—Created from former s. 732.06.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 733 - Probate Code: Administration of Estates
Part I - General Provisions (Ss. 733.101-733.109)
733.101 - Venue of probate proceedings.
733.104 - Suspension of statutes of limitation in favor of the personal representative.
733.105 - Determination of beneficiaries.
733.1051 - Limited judicial construction of will with federal tax provisions.
733.106 - Costs and attorney fees.
733.1061 - Fees and costs; will reformation and modification.
733.107 - Burden of proof in contests; presumption of undue influence.