PROBATE CODE FLIPBOOK

FLORIDA PROBATE CODE WORKBOOK

FLORIDA WILLS AND ADMINISTRATION OF ESTATES

COPYRIGHT NOTICE
© 2017-2018 Aplus eBooks Publications

This Workbook is protected by U.S. and International Copyright Laws.
No part of this publication may be reproduced, copied, duplicated, shared, or redistributed in any format

whatsoever, or by any means whatsoever, without the express written permission of Aplus eBooks
Publications.

Aplus eBooks Publications
Post Office Box 618757
Orlando, FL 32861
www.aplusebooks.com

About this Workbook
The substantive content, questions, and answers contained in this Workbook are parallel to the officially
released Florida Probate Code as issued by The Florida Legislature. Further, pursuant to the Florida Board of
Bar Examiners “Test Specifications,” the questions are designed to focus on the most frequently tested Florida
Bar Exam topics for the particular subject at hand. (See, e.g., the Florida Board of Bar Examiners website
(“Test Specifications”).)

How to Use this Workbook
There are four main components to this Workbook. First, there is the Table of Contents, which proves quite
helpful for maneuvering through the ebook. Second, there are the fill-in-the-blank questions which stem
directly from the officially released Florida rules, statutes, Codes, Constitution, and/or the Laws of Florida.
Third, there are the answers to the fill-in-the-blank questions. And fourth, there are the officially released
Florida rules, statutes, Codes, Constitution, and/or the Laws of Florida (excluding the drafters' comments and
commentaries).
You should start the Workbook by reviewing the Table of Contents and the accompanying officially released
rules, statutes, Codes, Constitution, and/or the Laws of Florida. From there, you should begin answering the
fill-in-the-blank questions. If you do not know the answer to any given question, then please make reference
to the Answer Key. From there, to ensure your knowledge and understanding of the rule, statute, Code,
Constitution, and/or the Laws of Florida, you should re-read all facets of the officially released corresponding
law.
CONTINUED …

Table of Contents

A. FLORIDA PROBATE CODE WORKBOOK
About this Workbook
How to Use this Workbook
Copyright Notice and Non-Liability Disclosures
Publication Credits

B. WORKBOOK QUESTIONS
I. GENERAL PROVISIONS
1.1. Short Title: Construction (Questions 1 - 10)
II. INTESTATE SUCCESSION AND WILLS

CONTINUED …

WORKBOOK QUESTIONS

WILLS & ADMINISTRATION OF ESTATES QUESTIONS
“This Chapter shall be known and may be cited as the Florida Probate Code and referred to as the
'code.'” ( FLA. STAT. §731.005)
I. GENERAL PROVISIONS 731.005 – 731.401
1.1. Short Title: Construction (Questions 1 - 10)
1. An __________________________ copy of a death certificate issued by an official or agency of the place of death, is
__________ facie proof of the fact, place, ___________ and time of death and identity of the decedent. (FLA. STAT.
§731.103 (1))
2. Probate proceedings are in __________ proceedings. (FLA. STAT. §731.105)
3. Any interested person who is apprehensive that an estate will be ________________________ or a will admitted to
____________________ without their knowledge, may file a _________________ with the court. (FLA. STAT. §731.110
(1))
4. “Domicile” means a person's usual place of residence and shall be synonymous with the term
______________________. (FLA. STAT. §731.201 (13))
5. “Grantor” means a person who creates or adds to a ________________, and includes the terms
“___________________” or “_____________________”. (FLA. STAT. §731.201 (19))
6. “Heirs” or “___________ at _________” are those persons, including the surviving spouse, who are statutorily
entitled by way of intestate succession to the decedent's property. (FLA. STAT. §731.201 (20))
7. If notice to an ______________________ person of a petition or other proceeding is required, notice shall be given
to the interested party or that party’s ______________________. (FLA. STAT.§731.301(1))
8. Formal _________________ is sufficient to acquire _______________________ over the person receiving formal notice
to the extent of the person’s interest in the estate or the ____________________ protected homestead. (FLA. STAT.
§731.301(2))
9. Persons given proper notice are _____________ by all orders entered in that proceeding. (FLA. STAT. §731.301)
10. Interested parties may ______________ any right or notice or the filing of any document, ___________________, or
schedule required to be filed and may ___________________ to any action or proceeding which may be required.
(FLA. STAT. §731.302)

CONTINUED ….

FLORIDA PROBATE CODE

WILLS & ESTATES

ANSWER KEY

I. GENERAL PROVISIONS

1.1. Short title: Construction (Answers 1 - 10)
1. authenticated, prima, date (731.103)
2. rem (731.105)
3. administered, probate, caveat (731.110)
4. residence (731.301 (13))
5. trust, “settlor,” “trustor” (731.301 (19))
6. “heirs at law” (731.301 (20))
7. interested, attorney (731.301)
8. notice, jurisdiction, decedents (731.301)
9. bound (731.301)
10. waive, exhibit, consent (731.302)

CONTINUED ….

FLORIDA PROBATE CODE

Wills and Administration of Estates

1. Probate Code: General Provisions

1.1. Short title: Construction

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.”

731.011 Determination of substantive rights; procedures.—
The code became effective on January 1, 1976. The substantive rights of all persons that vested prior to
January 1, 1976, shall be determined as provided in former chapters 731-737 and 744-746. The procedures
for the enforcement of vested substantive rights shall be as provided in the Florida Probate Rules.

731.102 Construction against implied repeal.—
This code is intended as unified coverage of its subject matter. No part of it shall be impliedly repealed by
subsequent legislation if that construction can reasonably be avoided.

731.103 Evidence as to death or status.—
In proceedings under this code and under chapter 736, the following additional rules relating to
determination of death and status are applicable:
(1) An authenticated copy of a death certificate issued by an official or agency of the place where the death
purportedly occurred is prima facie proof of the fact, place, date, and time of death and the identity of the
decedent.
(2) A copy of any record or report of a governmental agency, domestic or foreign, that a person is alive,
missing, detained, or, from the facts related, presumed dead is prima facie evidence of the status and of the
dates, circumstances, and places disclosed by the record or report.
(3) A person who is absent from the place of his or her last known domicile for a continuous period of 5
years and whose absence is not satisfactorily explained after diligent search and inquiry is presumed to be
dead. The person’s death is presume
(4) This section does not preclude the establishment of death by direct or circumstantial evidence prior to
expiration of the 5-year time period set forth in subsection (3).

731.1035 Applicable rules of evidence.—
In proceedings under this code, the rules of evidence in civil actions are applicable unless specifically changed
by the code.

731.104 Verification of documents.—
When verification of a document is required in this code or by rule, the document filed shall include an oath
or affirmation as provided in the Florida Probate Rules. Any person who willfully includes a false statement in
the document shall be guilty of perjury.

731.105 In rem proceeding.—
Probate proceedings are in rem proceedings.
731.106 Assets of nondomiciliaries.—
(1) A debt in favor of a nondomiciliary, other than one evidenced by investment or commercial paper or
other instrument, is located in the county where the debtor resides or, if the debtor is not an individual, at the
place where the debtor has its principal office. Commercial paper, investment paper, and other instruments
are located where the instrument is at the time of death.
(2) When a nonresident decedent, whether or not a citizen of the United States, provides by will that the
testamentary disposition of tangible or intangible personal property having a situs within this state, or of real
property in this state, shall be construed and regulated by the laws of this state, the validity and effect of the
dispositions shall be determined by Florida law. The court may, and in the case of a decedent who was at the
time of death a resident of a foreign country the court shall, direct the personal representative appointed in
this state to make distribution directly to those designated by the decedent’s will as beneficiaries of the
tangible or intangible property or to the persons entitled to receive the decedent’s personal estate under the
laws of the decedent’s domicile.

CONTINUED ….