Florida Statute 733.103 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.103

733.103 Effect of probate.—

(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.

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Amendments to 733.103

Annotations, Discussions, Cases:

Cases Citing Statute 733.103

Total Results: 17

DeWitt v. Duce

408 So. 2d 216

Supreme Court of Florida | Filed: Dec 23, 1981 | Docket: 49506

Cited 46 times | Published

remand dismissed the cause on the ground that section 733.103(2), Florida Statutes (1977),[1] foreclosed

Schilling v. Herrera

952 So. 2d 1231, 2007 WL 981627

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 1703340

Cited 10 times | Published

dismissed the action, finding that pursuant to section 733.103(2), Florida Statutes (1977), the plaintiffs

Martin v. Martin

687 So. 2d 903, 1997 WL 30815

District Court of Appeal of Florida | Filed: Jan 29, 1997 | Docket: 1370607

Cited 9 times | Published

219. The probate statute involved in DeWitt, section 733.103(2), Fla. Statutes (1977), which still exists

Rice v. Greene

941 So. 2d 1230, 2006 WL 3327665

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 431518

Cited 7 times | Published

Mr. Rice points to section 733.103(1), Florida Statutes (2004). Section 733.103(1) provides that "[u]ntil

Cavanaugh v. Cavanaugh

542 So. 2d 1345, 1989 WL 44492

District Court of Appeal of Florida | Filed: Apr 21, 1989 | Docket: 1515853

Cited 6 times | Published

involving homestead, the supreme court held that section 733.103, Florida Statutes, barred such a collateral

Miller v. Hayman

766 So. 2d 1116, 2000 WL 1175682

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1697850

Cited 4 times | Published

or proceeding relating to devised property." § 733.103(2), Fla. Stat. (1997); DeWitt v. Duce, 408 So

All Children's Hosp., Inc. v. Owens

754 So. 2d 802, 2000 WL 320681

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 431022

Cited 4 times | Published

finality concerning devised property contained in section 733.103(2), Florida Statutes (1993), and recognized

Kowalski v. Jackson National Life Insurance

981 F. Supp. 2d 1309, 2013 WL 5954380, 2013 U.S. Dist. LEXIS 159645

District Court, S.D. Florida | Filed: Nov 7, 2013 | Docket: 65995371

Cited 3 times | Published

Wilson relies upon Florida case law and Fla. Stat. § 733.103 which provides that “[u]ntil admitted to probate

Ebeling v. Voltz

454 So. 2d 783

District Court of Appeal of Florida | Filed: Aug 29, 1984 | Docket: 444528

Cited 3 times | Published

barring them from collaterally attacking, under Section 733.103, Florida Statutes (1983). The trial judge granted

Wolf v. Doll

229 So. 3d 1280

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 60280720

Cited 1 times | Published

proceedings to a probate action are governed by section 733.103(2), Florida Statutes (2013). Case law interpreting

Sheila Nieburg Edelstein v. Eric W. Sulzberger

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899464

Published

MILLER, JJ. PER CURIAM. Affirmed. See § 733.103(2), Fla. Stat. (2024) (“In any collateral action

WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH

District Court of Appeal of Florida | Filed: May 25, 2022 | Docket: 63335817

Published

testamentary capacity when executing the will. § 733.103(2), Fla. Stat. (2018) (“[T]he probate of

ALFREDO TENDLER v. KENNETH N. JOHNSON

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637706

Published

testamentary capacity when executing the will. § 733.103(2), Fla. Stat. (2018) (“[T]he probate of a will

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

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

Published

§ 732.526, Fla. Stat. Probate. § 733.103, Fla. Stat. Effect of probate. § 733.201

THELMA MULVEY v. SHEILA STEPHENS

250 So. 3d 106

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292498

Published

the reasoning of DeWitt, and the purpose of section 733.103(2), as it was articulated in DeWitt, to preclude

ROSALIE WOLF v. JO ANN DOLL

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6223867

Published

proceedings to a probate action are governed by section 733.103(2), Florida Statutes (2013). Case law interpreting

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

wills. § 732.503, Fla. Stat. Self-proof of will. § 733.103, Fla. Stat. Effect of probate. § 733.201, Fla