Florida Statute 732.901 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.901

732.901 Production of wills.—

(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to the clerk upon deposit.

(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. All costs, damages, and a reasonable attorney’s fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.

(3) An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk.

(4) Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. Transforming and storing a will on film, microfilm, magnetic, electronic, optical, or other substitute media or recording a will onto an electronic recordkeeping system, whether or not in accordance with the standards adopted by the Supreme Court of Florida, or permanently recording a will does not eliminate the requirement to preserve the original will.

(5) For purposes of this section, the term “will” includes a separate writing as described in s. 732.515.

History.—s. 1, ch. 74-106; s. 44, ch. 75-220; s. 18, ch. 92-200; s. 972, ch. 97-102; s. 59, ch. 2001-226; s. 8, ch. 2013-172.

Note.—Created from former s. 732.22.

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Amendments to 732.901

Annotations, Discussions, Cases:

Cases Citing Statute 732.901

Total Results: 9

Andrews v. McGowan

739 So. 2d 132, 1999 WL 533596

District Court of Appeal of Florida | Filed: Jul 16, 1999 | Docket: 1688717

Cited 17 times | Published

judgment for appellee, Woodlawn. [2] See, e.g., section 732.901, Florida Statutes, dealing with anatomical

In re Amendments to the Florida Rules of Civil Procedure

102 So. 3d 451, 37 Fla. L. Weekly Supp. 638, 2012 Fla. LEXIS 2063, 2012 WL 4936363

Supreme Court of Florida | Filed: Oct 18, 2012 | Docket: 60226665

Cited 2 times | Published

\U1 tions. Ü C¡ (B I V. 3 p* XJl ct-O oq rH CO § 732.901, Fla. Stat. Production of wills. Rule References

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761640

Published

definitions. § 732.526, Fla. Stat. Probate. § 732.901, Fla. Stat. Production of wills. Rule References

Rossen v. Bilchik

46 So. 3d 1233, 2010 Fla. App. LEXIS 17654, 2010 WL 4628288

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60296166

Published

petition against appellant Betsy Ann Rossen under section 732.901, Florida Statutes (2008); subsection (2) of

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

succession or under certain powers of appointment. § 732.901, Fla. Stat. Production of wills. § 733.104, Fla

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

succession or under certain powers of appointment. § 732.901, Fla. Stat. Production of wills. § 733.104, Fla

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

succession or under certain powers of appointment. § 732.901, Fla. Stat. Production of wills. § 733.104, Fla

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

appointment. F.S. 732.803 Charitable devises. F.S. 732.901 Production of wills. F.S. 733.104 Suspension

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

appointment. F.S. 732.803 Charitable devises. F.S. 732.901 Production of wills. F.S. 733.104 Suspension