Title XLII, Estates and Trusts

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 the other part of the half blood, those of the half blood shall inherit only half as much as those of the whole blood; but if all are o…

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 lifetime.History.—s. 1, ch. 74-106; s. 10, ch. 75-220; s. 6, ch. 77-87; s. 952, ch. 97-102.Note.—Created from former s. 731.11.

(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 state.(2) Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of t…

(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 of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he o…

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 child if the natural or adoptive parent’s parental rights were terminated pursuant to chapter 39 prior to the death of the child, and …

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 survive the decedent, the debt shall not be taken into account in computing the intestate share of the debtor’s heirs.History.—s. 1, ch. 74-106; s.…

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.Note.—Created from former s. 731.28.

Dower and curtesy are abolished.History.—s. 1, ch. 74-106; s. 113, ch. 75-220.

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 provided in this part, to be designated the elective share. The election does not reduce what the spouse receives if the election were not made and th…

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 by transfer from the decedent, including transfers described in s. 732.2035(9), by right of survivorshi…

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 interests:(1) The decedent’s probate estate.(2) The decedent’s interest in property which constitutes the protected homestead of the …

(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 before the effective date of this subsection or after that date but before the date of the decedent’s ma…

For purposes of s. 732.2035, “value” means:(1)(a) In the case of protected homestead:1. If the surviving spouse receives a fee simple interest, the fair market value of the protected homestead on the date of the decedent’s death.2. If the spouse takes a life estate as provided in…

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.Note.—Former s. 732.207.

(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 decedent’s will, the following are applied first to satisfy the elective share:(a) Property interests included in the elective estate that …

(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 direct recipient, are liable to contribute toward satisfaction of the elective share.(a) Within each of the classes described in…

(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 death.2. In the case of property held in a qualifying special needs trust on the date of the dece…

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; s. 26, ch. 2001-226.Note.—Former s. 732.208.

Although a property interest is included in the decedent’s elective estate under s. 732.2035(3)-(9), a payor or other third party is not liable for paying, distributing, or transferring the property to a beneficiary designated in a governing instrument, or for taking any other ac…

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 fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine t…

(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 date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or guardian of the property of the surviv…

(1) The court shall determine the elective share and contribution. Any amount of the elective share not satisfied within 2 years of the date of death of the decedent shall bear interest at the statutory rate until fully satisfied, even if an order of contribution has not yet been…

(1) The court may award taxable costs as in chancery actions, including attorney fees, in any proceeding under this part in which there is an objection to or dispute over:(a) The entitlement to or the amount of the elective share;(b) The property interests included in the electiv…

(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 1, 1999, applies to decedents dying before October 1, 2001.(2) Nothing in ss. 732.201-732.2155 modifies or applies to the rights…

Sections 732.216-732.228 may be cited as the “Florida Uniform Disposition of Community Property Rights at Death Act.”History.—s. 4, ch. 92-200.

Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person:(1) Personal property, except personal property held as tenants by the entirety, wherever located, which:(a) Was acquired as, or became and remained, community proper…

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 in a jurisdiction under whose laws property could then be acquired as community pr…

(1) 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, is not property of the decedent’s probate estate, and is not subject to testamentary disposition by the decedent or distribution under the …

(1)(a) Any demand or dispute arising, wholly or partly, under ss. 732.216-732.228 regarding any right, title, or interest in any property held by the decedent or surviving spouse at the time of the decedent’s death shall be determined in an action for declaratory relief governed …

(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 in the property takes the interest in the property free of any rights of the personal representative or a beneficiary of the d…

(1) As used in this section, the term:(a) “Governing instrument” has the same meaning as in s. 732.2025.(b) “Payor” means the decedent’s personal representative, a trustee of a trust created by the decedent, an insurer, business entity, employer, government, governmental agency o…

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. 92-200.

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 to which these sections apply in real property located in this state which is or becomes real or personal …

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 by that person.History.—s. 13, ch. 92-200.

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 of the State Constitution.History.—s. 14, ch. 92-200.

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 of these sections among those states which enact them.History.—s. 15, ch. 92-200.

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 …

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 has not received a part of the testator’s property equivalent to a child’s part by way of advancement, the child shall receive a share of the estate equal i…

(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 decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with …

(1) As provided by the State Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse if there is no minor child or minor children.(2) For the…

(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 persons during the owner’s lifetime, the transfer is not a devise for purposes of s. 731.201(10) or s. 732.4015, and the int…

(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 of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property…

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 decedent’s lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in mon…

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. 1, ch. 74-106; s. 113, ch. 75-220; s. 41, ch. 2001-226.Note.—Created from former s. 731.04.

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; or2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.(b)…

(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 by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and e…