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Florida Estates And Trusts Code Section 732.401 - Probate Code: Intestate Succession And Wills - Descent of homestead.

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Title XLII   ESTATES AND TRUSTS

Chapter 732   PROBATE CODE: INTESTATE SUCCESSION AND WILLS

732.401  Descent of homestead.--

(1)  If not devised as permitted by law and the Florida Constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and lineal descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the lineal descendants in being at the time of the decedent's death per stirpes.

(2)  Subsection (1) shall not apply to property that the decedent and the surviving spouse owned as tenants by the entirety.

History.--s. 1, ch. 74-106; s. 17, ch. 75-220; s. 37, ch. 2001-226.

Note.--Created from former s. 731.27.

Last modified: November 21, 2006