(1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator.
(2) In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator’s death.
History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 17, ch. 77-87; s. 1, ch. 77-174; s. 79, ch. 2001-226.
Note.—Created from former s. 732.26.
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.