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Florida Probate Code Section 731.011 Determination of Substantive Rights, Procedures, Analyzed and Explained

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.

Florida Statutes Section 731.011 (2024)

A major amendment to the Florida Probate Code was adopted in 1976. The purpose of Florida Statutes Section 731.011 is to draw a line, so to speak, between probate cases that came before the 1976 amendment and those that come after it. It does this by stating that substantive rights that vested before the amendment are determined by prior law, and substantive rights that vested after the amendment are determined by the new law.

This statute also states that procedures are governed by the Florida Probate Rules. Those rules are adopted by the Florida Supreme Court and not the Florida Legislature. This is because, in Florida, there is a difference between “substantive” rights and “procedural” rights. The Florida Legislature has the power and authority under the Florida Constitution to pass laws that create, amend and repeal rights that are substantive. Under the Florida Constitution, the Florida Supreme Court has the power and authority to adopt procedural rules.

Note

The text on this page was written by St. Petersburg Florida probate lawyer James W. Martin and was last updated on July 21, 2025. This page relates to one of his Practice Areas. If you have the need for a probate attorney, you may use the contact form below or call Jim directly at 727-821-0904 or email him at jim@jamesmartinpa.com for an initial consultation.

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