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Florida Estates And Trusts Code Section 732.301 - Probate Code: Intestate Succession And Wills - Pretermitted spouse.

Legal Research Home > Florida Lawyer > Estates and Trusts > Florida Estates And Trusts Code Section 732.301 - Probate Code: Intestate Succession And Wills - Pretermitted spouse.

Title XLII   ESTATES AND TRUSTS

Chapter 732   PROBATE CODE: INTESTATE SUCCESSION AND WILLS

732.301  Pretermitted spouse.--When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:

(1)  Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;

(2)  The spouse is provided for in the will; or

(3)  The will discloses an intention not to make provision for the spouse.

The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.

History.--s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87.

Note.--Created from former s. 731.10.

Last modified: November 21, 2006