733.101 Venue of probate proceedings. - Florida Statutes

733.101 Venue of probate proceedings.

   (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.