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Florida Estates And Trusts Code Section 732.102 - Probate Code: Intestate Succession And Wills - Spouse's share of intestate estate.

Legal Research Home > Florida Lawyer > Estates and Trusts > Florida Estates And Trusts Code Section 732.102 - Probate Code: Intestate Succession And Wills - Spouse's share of intestate estate.

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Title XLII   ESTATES AND TRUSTS

Chapter 732   PROBATE CODE: INTESTATE SUCCESSION AND WILLS

732.102  Spouse's share of intestate estate.--The intestate share of the surviving spouse is:

(1)  If there is no surviving lineal descendant of the decedent, the entire intestate estate.

(2)  If there are surviving lineal descendants of the decedent, all of whom are also lineal descendants of the surviving spouse, the first $60,000 of the intestate estate, plus one-half of the balance of the intestate estate. Property allocated to the surviving spouse to satisfy the $60,000 shall be valued at the fair market value on the date of distribution.

(3)  If there are surviving lineal descendants, one or more of whom are not lineal descendants of the surviving spouse, one-half of the intestate estate.

History.--s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226.

Note.--Created from former s. 731.23.

Last modified: November 21, 2006