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.
- 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)
(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.
(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.
(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.
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)).
Where this shows up
Pages on this site where § 733.101 does real work:
- Do I need probate in Florida? Which assets and estates skip it
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives
- Out-of-state heirs and Florida property: who can serve, what happens to title, taxes and selling
- Disposition without administration in Florida under § 735.301: who qualifies, limits and filing steps
- Out-of-state wills in Florida: validity, moving to Florida and probate steps
- Formal Administration
- The snowbird domicile fight
Questions people ask
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
Published by the Probate.Help editorial team.How these pages are written and checked.