What it means
Section 733.201 lists how a will may be admitted to probate. Under subsection (1), a self-proved will executed in accordance with the code may be admitted without further proof. A purportedly self-proved electronic will is the exception: if its execution, or the acknowledgment and witness affidavits, involved an online notarization with a substantial failure to comply with § 117.265, it may be admitted only under subsections (2) and (3). Under subsection (2), a will may be admitted on the oath of any attesting witness taken before a circuit judge, court-appointed commissioner, or clerk.
Subsection (3) is the fallback. If it appears to the court that the attesting witnesses cannot be found, have become incapacitated after execution, or their testimony cannot be obtained within a reasonable time, a will may be admitted on the oath of the personal representative nominated by the will (whether or not interested in the estate), or on the oath of any person having no interest in the estate under the will stating that the person believes the writing to be the decedent's true last will.
- Self-proved wills executed in accordance with the code may be admitted without further proof (§ 733.201(1)).
- A purportedly self-proved electronic will with a substantial failure to comply with § 117.265 may be admitted only under subsections (2) and (3) (§ 733.201(1)).
- A will may be admitted on the oath of any attesting witness before a circuit judge, court-appointed commissioner, or clerk (§ 733.201(2)).
- If the witnesses cannot be found, are incapacitated, or cannot testify within a reasonable time, the nominated personal representative may give the oath (§ 733.201(3)).
- Alternatively, any person with no interest under the will may swear that the writing is believed to be the decedent's true last will (§ 733.201(3)).
Text of the statute (2026)
(1) Self-proved wills executed in accordance with this code may be admitted to probate without further proof. However, a purportedly self-proved electronic will may be admitted to probate only in the manners prescribed in subsections (2) and (3) if the execution of such electronic will, or the acknowledgment by the testator and the affidavits of the witnesses, involves an online notarization in which there was a substantial failure to comply with the procedures set forth in s. 117.265.
(2) A will may be admitted to probate upon the oath of any attesting witness taken before any circuit judge, commissioner appointed by the court, or clerk.
(3) If it appears to the court that the attesting witnesses cannot be found or that they have become incapacitated after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will as provided in subsection (2), whether or not the nominated personal representative is interested in the estate, or upon the oath of any person having no interest in the estate under the will stating that the person believes the writing exhibited to be the true last will of the decedent.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.201.
History. s. 1, ch. 74-106; s. 51, ch. 75-220; s. 985, ch. 97-102; s. 85, ch. 2001-226; s. 9, ch. 2009-115; s. 38, ch. 2019-71.
How it applies
A will with a self-proving affidavit under § 732.503 may be admitted under subsection (1) without further proof. A will without one may be admitted on a witness oath under subsection (2).
Subsection (3) applies only after the court is satisfied that the witnesses cannot be found, are incapacitated, or cannot testify within a reasonable time. For an electronic will notarized online, a substantial failure to follow § 117.265 removes the self-proved route and leaves subsections (2) and (3).
Where this shows up
Pages on this site where § 733.201 does real work:
- 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
- Out-of-state wills in Florida: validity, moving to Florida and probate steps
- In re Estate of Carpenter
Questions people ask
Sources
- Fla. Stat. § 733.201 (Self-proved wills, attesting witness oath, and the fallback oaths.)
- Fla. Stat. § 732.503 (Self-proof of a will by acknowledgment and witness affidavits.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.