Florida Statute 733.107
“Burden of proof in contests; presumption of undue influence”
What it means
Section 733.107(1) says who must prove what when a will's validity is contested. The proponent must first establish prima facie the will's formal execution and attestation. A self-proving affidavit executed under § 732.503, or an oath of an attesting witness executed as required by § 733.201(2), is admissible and establishes that prima facie case. After that, the contestant has the burden of establishing the grounds on which probate is opposed or revocation is sought.
Subsection (2) addresses the presumption of undue influence. In any transaction or event to which it applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under §§ 90.301-90.304. In civil actions, under § 90.304, rebuttable presumptions not defined in § 90.303 are presumptions affecting the burden of proof.
- The proponent must first establish prima facie formal execution and attestation (§ 733.107(1)).
- A self-proving affidavit (§ 732.503) or an attesting witness's oath (§ 733.201(2)) is admissible and establishes that prima facie case (§ 733.107(1)).
- After that, the contestant bears the burden of establishing the grounds for opposing probate or seeking revocation (§ 733.107(1)).
- The undue influence presumption is a presumption shifting the burden of proof under §§ 90.301-90.304 (§ 733.107(2)).
- The presumption implements public policy against abuse of fiduciary or confidential relationships (§ 733.107(2)).
Text of the statute (2026)
(1) In all proceedings contesting the validity of a will, the burden shall be upon the proponent of the will to establish prima facie its formal execution and attestation. A self-proving affidavit executed in accordance with s. 732.503 or an oath of an attesting witness executed as required in s. 733.201(2) is admissible and establishes prima facie the formal execution and attestation of the will. Thereafter, the contestant shall have the burden of establishing the grounds on which the probate of the will is opposed or revocation is sought.
(2) In any transaction or event to which the presumption of undue influence applies, the presumption implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under ss. 90.301-90.304.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.107.
History. s. 1, ch. 74-106; s. 50, ch. 75-220; s. 83, ch. 2001-226; s. 5, ch. 2002-82; s. 13, ch. 2010-132; s. 3, ch. 2014-127.
How it applies
In a contest, the proponent's prima facie showing is made with the self-proving affidavit, which subsection (1) makes admissible for that purpose. The contestant then proceeds on the grounds pleaded, such as undue influence, which § 732.5165 treats as voiding a will whose execution was procured by it.
When the presumption of undue influence applies to the transaction or event, subsection (2) makes it a presumption shifting the burden of proof under §§ 90.301-90.304.
Where this shows up
Pages on this site where § 733.107 does real work:
Questions people ask
Sources
- Fla. Stat. § 733.107 (Burden of proof in a contest and the burden-shifting presumption of undue influence.)
- Fla. Stat. § 732.503 (Self-proof of a will by acknowledgment and witness affidavits.)
- Fla. Stat. § 90.304 (Rebuttable presumptions not defined in § 90.303 affect the burden of proof.)
- Fla. Stat. § 732.5165 (A will is void if its execution is procured by fraud, duress, mistake, or undue influence.)
Last checked: October 17, 2026
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