Title XLII, Estates and Trusts

In proceedings under this code, the rules of evidence in civil actions are applicable unless specifically changed by the code.History.—s. 28, ch. 2006-217.

When verification of a document is required in this code or by rule, the document filed shall include an oath or affirmation as provided in the Florida Probate Rules. Any person who willfully includes a false statement in the document shall be guilty of perjury.History.—s. 1, ch.…

Probate proceedings are in rem proceedings.History.—s. 3, ch. 75-220.

The validity and effect of a disposition, whether intestate or testate, of real property in this state shall be determined by Florida law.History.—s. 1, ch. 2016-189.

(1) A debt in favor of a nondomiciliary, other than one evidenced by investment or commercial paper or other instrument, is located in the county where the debtor resides or, if the debtor is not an individual, at the place where the debtor has its principal office. Commercial pa…

1(1) For the purposes of the code, gold coin or silver coin that is legal tender pursuant to s. 215.986 is not tangible personal property. Precious metals in any tangible form, which are not legal tender pursuant to s. 215.986 and which are kept and acquired for their historical,…

For the purposes of this code, the seal of the clerk of the circuit court is the seal of the court.History.—s. 3, ch. 75-220.

(1) Any interested person who is apprehensive that an estate, either testate or intestate, will be administered or that a will may be admitted to probate without that person’s knowledge may file a caveat with the court. The caveat of the interested person, other than a creditor, …

This act shall take effect January 1, 2002. The substantive rights of all persons that have vested prior to January 1, 2002, shall be determined as provided in former chapters 63, 215, 409, 660, and 731-737 as they existed prior to January 1, 2002. The procedures for the enforcem…

Subject to additional definitions in subsequent chapters that are applicable to specific chapters or parts, and unless the context otherwise requires, in this code, in s. 409.9101, and in chapters 736, 738, 739, and 744, the term:(1) “Authenticated,” when referring to copies of d…

(1) If notice to an interested person of a petition or other proceeding is required, the notice shall be given to the interested person or that person’s attorney as provided in the code or the Florida Probate Rules.(2) In a probate proceeding, formal notice to a person is suffici…

Subsequent to the filing of a petition for administration, an interested person, including a guardian ad litem, administrator ad litem, guardian of the property, personal representative, trustee, or other fiduciary, or a sole holder or all coholders of a power of revocation or a …

In the administration of or in judicial proceedings involving estates of decedents, the following apply:(1) Persons are bound by orders binding others in the following cases:(a)1. Orders binding the sole holder or all coholders of a power of revocation or a general, special, or l…

(1) A provision in a will or trust requiring the arbitration of disputes, other than disputes of the validity of all or a part of a will or trust, between or among the beneficiaries and a fiduciary under the will or trust, or any combination of such persons or entities, is enforc…

(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 of this code.(2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.History.—s. 1, c…

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 by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has n…

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 spouse, descends as follows:(1) To the descendants of the decedent.(2) If there is no descendant, to the decedent’s father and mother equ…

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 former s. 731.25.

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 …