Florida Statute 731.005 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 731
PROBATE CODE: GENERAL PROVISIONS

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731.005 Short title.—Chapters 731-735 shall be known and may be cited as the Florida Probate Code and referred to as the “code.”

History.—s. 1, ch. 74-106; s. 1, ch. 75-220; s. 4, ch. 2001-226.

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Amendments to 731.005

Annotations, Discussions, Cases:

Cases Citing Statute 731.005

Total Results: 17 | Sort by: Relevance | Newest First

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Richardson v. Holman, 33 So. 2d 641 (Fla. 1948).

Cited 33 times | Published | Supreme Court of Florida | 160 Fla. 65, 1948 Fla. LEXIS 607

estates, interest for a term more than one year." Section 731.05, Florida Statutes 1941, and other statutes

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In Re Noble's Est., 73 So. 2d 873 (Fla. 1954).

Cited 22 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1746

homestead, it was subject neither to devise, Section 731.05, Florida Statutes 1953, and F.S.A., nor administration

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Hulsh v. Hulsh, 431 So. 2d 658 (Fla. 3d DCA 1983).

Cited 20 times | Published | Florida 3rd District Court of Appeal

...ution. Marcella and Fred have appealed. I. The Antenuptial Agreement We have no difficulty in deciding that the language of the antenuptial agreement was sufficient to waive Marcella's rights to take under the provisions of Sheldon Hulsh's will. [1] Section 731.005(1), Florida Statutes (1975) (currently § 732.702(1), Fla....

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In Re Vail's Est., 67 So. 2d 665 (Fla. 1953).

Cited 12 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1695

after-acquired property within the meaning of F.S.A. § 731.05(2) and "net income, interest or increase" under

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In Re Est. of Wilder, 240 So. 2d 514 (Fla. 1st DCA 1970).

Cited 9 times | Published | Florida 1st District Court of Appeal

Article X, Florida Constitution *515 of 1885, and Section 731.05, Florida Statutes, F.S.A., and was therefore

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Est. of Deem v. Shinn, 297 So. 2d 611 (Fla. 4th DCA 1974).

Cited 9 times | Published | Florida 4th District Court of Appeal

under the terms of the decedent's Will, per F.S. 731.05, F.S.A., Laws of 1971.[4] Historically, the two

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In Re Est. of McGinty, 258 So. 2d 450 (Fla. 1971).

Cited 6 times | Published | Supreme Court of Florida

in conflict and did not repeal Florida Statutes § 731.05(1), F.S.A., which provides: "Any property, real

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Furlong v. Coral Gables Fed. Sav. & Loan Ass'n, 121 So. 2d 797 (Fla. 3d DCA 1960).

Cited 4 times | Published | Florida 3rd District Court of Appeal

with a life estate to the widow. § 731.27 and § 731.05(1), Fla. Stat., F.S.A. [2] The material part

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King v. Ellison, 648 So. 2d 666 (Fla. 1994).

Cited 3 times | Published | Supreme Court of Florida | 1994 WL 597615

1971), which addressed the constitutionality of section 731.05(1), Florida Statutes (1971). The section read:

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In Re Est. of McCartney, 299 So. 2d 5 (Fla. 1974).

Cited 3 times | Published | Supreme Court of Florida | 1974 Fla. LEXIS 4803

ruled, in effect, that Item 3 conflicted with Section 731.05, Florida Statutes,[3] and Article X, Section

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Est. of Bagley v. United States, 318 F. Supp. 765 (M.D. Fla. 1970).

Cited 2 times | Published | District Court, M.D. Florida | 26 A.F.T.R.2d (RIA) 5996, 1970 U.S. Dist. LEXIS 11298

at the date of death of the testator; Fla.Stat. § 731.05(2), F.S.A. See also Hurt v. Davidson, 130 Fla

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Holden v. Est. of Gardner, 404 So. 2d 1169 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21385

from the 1885 Constitution. Prior to 1975, Section 731.05, Florida Statutes (1973) provided: Any property

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Branca v. Sec. Benefit Life Ins., 773 F.2d 1158 (11th Cir. 1985).

Published | Court of Appeals for the Eleventh Circuit

...[Emphasis supplied.] If we assume that the Argentine decree qualifies as prima facie evidence under section 731.103(2), we must determine if the Brancas’ action for insurance benefits is one of the “proceedings under this code.” We turn to the short title section of the Florida Probate Code, which states: 14 731.005 Short title Chapters 731-735 shall be known and may be cited as the Florida Probate Code and herein referred to as “the code” in this act....

...See Friedman, 593 F.2d at 118 (requiring an abuse of discretion to reverse admission of hearsay evidence under FED.R.EVID. 803(24)). . Erie R.R. v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 (1938). . FLA.STAT.ANN. § 731.103 (West 1984). . FLA.STAT.ANN. § 731.005 (West 1984)....

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Aldrich v. Basile, 136 So. 3d 530 (Fla. 2014).

Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 159, 2014 WL 1240073, 2014 Fla. LEXIS 1027

Fla. (Supp. 1933) (subsequently renumbered section 731.05(2)). In In re Vail’s Estate, 67 So.2d 665 (Fla

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Wakeman v. Noble, 73 So. 2d 873 (Fla. 1954).

Published | Supreme Court of Florida

homestead, it was subject neither to devise, Section 731.05, Florida Statutes 1953, and F.S.A., nor administration

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Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13243, 2011 WL 3696309

6005 does not support this conclusion. Former section 731.05, Florida Statutes (1973), evolved from the

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Pierrepont v. Humphreys, 413 So. 2d 140 (Fla. 3d DCA 1982).

Published | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 19920

Const.; § 732.4015, Fla. Stat. (1981), formerly § 731.05, Fla.Stat. (1968). This provision of the constitution

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