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Title XLII Chapter 732 Probate Code: Intestate Succession and Wills

Legal Research Home > Florida Statutes > Estates and Trusts > Title XLII Chapter 732 Probate Code: Intestate Succession and Wills

Part I - Intestate Succession (ss. 732.101-732.111)

  • §732.101   Intestate estate.
    (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections...
  • §732.102   Spouse's share of intestate estate.
    The intestate share of the surviving spouse is:(1) If there is no surviving descendant of the decedent, the entire intestate estate. (2) If the decedent is survived...
  • §732.103   Share of other heirs.
    The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving...
  • §732.104   Inheritance per stirpes.
    Descent shall be per stirpes, whether to descendants or to collateral heirs.History.—s. 1, ch. 74-106; s. 9, ch. 75-220; s. 7, ch. 2007-74. Note.—Created from...
  • §732.105   Half blood.
    When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and...
  • §732.106   Afterborn heirs.
    Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent's...
  • §732.107   Escheat.
    (1) When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the...
  • §732.108   Adopted persons and persons born out of wedlock.
    (1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one...
  • §732.1081   Termination of parental rights.
    For the purpose of intestate succession by a natural or adoptive parent, a natural or adoptive parent is barred from inheriting from or through a...
  • §732.109   Debts to decedent.
    A debt owed to the decedent shall not be charged against the intestate share of any person except the debtor. If the debtor does not...
  • §732.1101   Aliens.
    Aliens shall have the same rights of inheritance as citizens.History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 955, ch. 97-102; s. 18, ch. 2001-226....
  • §732.111   Dower and curtesy abolished.
    Dower and curtesy are abolished.History.—s. 1, ch. 74-106; s. 113, ch.

Part II - Elective Share of Surviving Spouse; Rights in Community Property (ss. 732.201-732.228)

  • §732.201   Right to elective share.
    The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as...
  • §732.2025   Definitions.
    As used in ss. 732.2025-732.2155, the term:(1) "Direct recipient" means the decedent's probate estate and any other person who receives property included in the elective estate...
  • §732.2035   Property entering into elective estate.
    Except as provided in s. 732.2045, the elective estate consists of the sum of the values as determined under s. 732.2055 of the following property...
  • §732.2045   Exclusions and overlapping application.
    (1) EXCLUSIONS.—Section 732.2035 does not apply to:(a) Except as provided in s. 732.2155(4), any transfer of property by the decedent to the extent the transfer is irrevocable...
  • §732.2055   Valuation of the elective estate.
    For purposes of s. 732.2035, "value" means:(1) In the case of any policy of insurance on the decedent's life includable under s. 732.2035(4), (5), or (6),...
  • §732.2065   Amount of the elective share.
    The elective share is an amount equal to 30 percent of the elective estate.History.—s. 15, ch. 75-220; s. 1, ch. 81-27; s. 6, ch. 99-343....
  • §732.2075   Sources from which elective share payable; abatement.
    (1) Unless otherwise provided in the decedent's will or, in the absence of a provision in the decedent's will, in a trust referred to in the...
  • §732.2085   Liability of direct recipients and beneficiaries.
    (1) Only direct recipients of property included in the elective estate and the beneficiaries of the decedent's probate estate or of any trust that is a...
  • §732.2095   Valuation of property used to satisfy elective share.
    (1) DEFINITIONS.—As used in this section, the term:(a) "Applicable valuation date" means:1. In the case of transfers in satisfaction of the elective share, the date of the decedent's...
  • §732.2105   Effect of election on other interests.
    The elective share shall be in addition to homestead, exempt property, and allowances as provided in part IV.History.—s. 15, ch. 75-220; s. 10, ch. 99-343;...
  • §732.2115   Protection of payors and other third parties.
    Although a property interest is included in the decedent's elective estate under s. 732.2035(2)-(8), a payor or other third party is not liable for paying,...
  • §732.2125   Right of election; by whom exercisable.
    The right of election may be exercised:(1) By the surviving spouse. (2) With approval of the court having jurisdiction of the probate proceeding by an attorney in...
  • §732.2135   Time of election; extensions; withdrawal.
    (1) Except as provided in subsection (2), the election must be filed on or before the earlier of the date that is 6 months after the...
  • §732.2145   Order of contribution; personal representative's duty to collect contribution.
    (1) The court shall determine the elective share and contribution. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution....
  • §732.2155   Effective date; effect of prior waivers; transition rules.
    (1) Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. The law in effect prior to October...
  • §732.216   Short title.
    Sections 732.216-732.228 may be cited as the "Florida Uniform Disposition of Community Property Rights at Death Act."History.—s. 4, ch.
  • §732.217   Application.
    Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person:(1) Personal property, wherever located, which:(a) Was acquired as, or became...
  • §732.218   Rebuttable presumptions.
    In determining whether ss. 732.216-732.228 apply to specific property, the following rebuttable presumptions apply:(1) Property acquired during marriage by a spouse of that marriage while domiciled...
  • §732.219   Disposition upon death.
    Upon the death of a married person, one-half of the property to which ss. 732.216-732.228 apply is the property of the surviving spouse and is...
  • §732.221   Perfection of title of personal representative or beneficiary.
    If the title to any property to which ss. 732.216-732.228 apply is held by the surviving spouse at the time of the decedent's death, the...
  • §732.222   Purchaser for value or lender.
    (1) If a surviving spouse has apparent title to property to which ss. 732.216-732.228 apply, a purchaser for value or a lender taking a security interest...
  • §732.223   Perfection of title of surviving spouse.
    If the title to any property to which ss. 732.216-732.228 apply was held by the decedent at the time of the decedent's death, title of...
  • §732.224   Creditor's rights.
    Sections 732.216-732.228 do not affect rights of creditors with respect to property to which ss. 732.216-732.228 apply.History.—s. 11, ch.
  • §732.225   Acts of married persons.
    Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. The reinvestment of any property...
  • §732.226   Limitations on testamentary disposition.
    Sections 732.216-732.228 do not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition...
  • §732.227   Homestead defined.
    For purposes of ss. 732.216-732.228, the term "homestead" refers only to property the descent and devise of which is restricted by s. 4(c), Art. X...
  • §732.228   Uniformity of application and construction.
    Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject...

Part III - Pretermitted Spouse and Children (ss. 732.301, 732.302)

  • §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...
  • §732.302   Pretermitted children.
    When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child...

Part IV - Exempt Property and Allowances (ss. 732.401-732.403)

  • §732.401   Descent of homestead.
    (1) If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the...
  • §732.4015   Devise of homestead.
    (1) As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor...
  • §732.4017   Inter vivos transfer of homestead property.
    (1) If the owner of homestead property transfers an interest in that property, including a transfer in trust, with or without consideration, to one or more...
  • §732.402   Exempt property.
    (1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children...
  • §732.403   Family allowance.
    In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the...

Part V - Wills (ss. 732.501-732.518)

  • §732.501   Who may make a will.
    Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.History.—s....
  • §732.502   Execution of wills.
    Every will must be in writing and executed as follows:(1)(a) Testator's signature.—1. The testator must sign the will at the end; or 2. The testator's name must be...
  • §732.503   Self-proof of will.
    (1) A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date...
  • §732.504   Who may witness.
    (1) Any person competent to be a witness may act as a witness to a will. (2) A will or codicil, or any part of either, is...
  • §732.505   Revocation by writing.
    A will or codicil, or any part of either, is revoked:(1) By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil...
  • §732.506   Revocation by act.
    A will or codicil is revoked by the testator, or some other person in the testator's presence and at the testator's direction, by burning, tearing,...
  • §732.507   Effect of subsequent marriage, birth, adoption, or dissolution of marriage.
    (1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as...
  • §732.508   Revival by revocation.
    (1) The revocation by the testator of a will that revokes a former will shall not revive the former will, even though the former will is...
  • §732.509   Revocation of codicil.
    The revocation of a will revokes all codicils to that will.History.—s. 1, ch. 74-106; s. 113, ch. 75-220. Note.—Created from former s.
  • §732.5105   Republication of wills by codicil.
    The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil.History.—s. 1, ch. 74-106;...
  • §732.511   Republication of wills by reexecution.
    If a will has been revoked or if it is invalid for any other reason, it may be republished and made valid by its reexecution...
  • §732.512   Incorporation by reference.
    (1) A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes...
  • §732.513   Devises to trustee.
    (1) A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of...
  • §732.514   Vesting of devises.
    The death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other...
  • §732.515   Separate writing identifying devises of tangible property.
    A written statement or list referred to in the decedent's will shall dispose of items of tangible personal property, other than property used in trade...
  • §732.5165   Effect of fraud, duress, mistake, and undue influence.
    A will is void if the execution is procured by fraud, duress, mistake, or undue influence. Any part of the will is void if so...
  • §732.517   Penalty clause for contest.
    A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.History.—s....
  • §732.518   Will contests.
    An action to contest the validity of all or part of a will or the revocation of all or part of a will may not...

Part VI - Rules of Construction (ss. 732.6005-732.616)

Part VII - Contractual Arrangements Relating to Death (ss. 732.701-732.703)

Part VIII - General Provisions (ss. 732.802-732.806)

Part IX - Production of Wills (s. 732.901)

  • §732.901   Production of wills.
    (1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10...

Last modified: July 29, 2014