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Chapter 733 — Administration of Estates

Florida Statute 733.101

“Venue of probate proceedings”

What it means

Venue decides which Florida county hears the probate. Section 733.101(1) sets three tiers. If the decedent was domiciled in Florida, venue is the county of domicile. If the decedent had no Florida domicile, venue is any county where the decedent's property is located. If the decedent had no Florida domicile and no Florida property, venue is the county where any debtor of the decedent resides.

Under subsection (2), a married woman whose husband is an alien or a nonresident of Florida may establish or designate a separate Florida domicile. Under subsection (3), if a proceeding is filed in an improper county, the court may transfer it in the same manner as the Florida Rules of Civil Procedure provide, and any action taken by the court or the parties before the transfer is not affected by the improper venue.

— What it says
  • Decedent domiciled in Florida: venue is the county of domicile (§ 733.101(1)(a)).
  • No Florida domicile: venue is any county where the decedent's property is located (§ 733.101(1)(b)).
  • No Florida domicile and no Florida property: venue is the county where any debtor of the decedent resides (§ 733.101(1)(c)).
  • A married woman whose husband is an alien or nonresident may establish a separate Florida domicile (§ 733.101(2)).
  • Improper venue: the court may transfer the action, and earlier actions of the court or parties are not affected (§ 733.101(3)).

Text of the statute (2026)

§ 733.101(1)
(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.
§ 733.101(2)
(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.
§ 733.101(3)
(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.

Excerpts are the subsections the summary relies on. Read the full official text of § 733.101.

History. s. 1, ch. 74-106; s. 46, ch. 75-220; s. 981, ch. 97-102; s. 78, ch. 2001-226.

— In a Florida probate

How it applies

Venue follows domicile, which is a question of where the decedent had a permanent home. A sworn statement filed with the clerk under § 222.17 is one way a person manifests Florida domicile.

When a decedent domiciled in another state owned Florida property, venue lies in any Florida county where that property is located, and the Florida proceeding is an ancillary administration under § 734.102. A case filed in an improper county may be transferred, and action taken before transfer is not affected by the improper venue (§ 733.101(3)).

Questions people ask

What county do you file probate in Florida?
The county where the decedent was domiciled. If the decedent was not domiciled in Florida, any county where the decedent's property is located. If the decedent had no Florida domicile and no Florida property, the county where any debtor of the decedent resides (Florida Statute 733.101(1)).
What happens if probate is filed in the wrong county in Florida?
The court may transfer the case, and anything the court or the parties did before the transfer is not affected by the improper venue (Florida Statute 733.101(3)).

Sources

  • Fla. Stat. § 733.101 (Venue tiers, separate domicile for a married woman, and transfer for improper venue.)
  • Fla. Stat. § 222.17 (A sworn statement filed with the circuit court clerk manifests and evidences Florida domicile.)
  • Fla. Stat. § 734.102 (Ancillary administration when a nonresident dies leaving assets in Florida.)

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 733.101

Published by the Probate.Help editorial team.How these pages are written and checked.

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