reglab/housing_qa huggingface dataset:
FL Stat § 732.216 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.216 - Short title.

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. 92-200.
FL Stat § 732.217 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.217 - Application.

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 and remained, community property under the laws of another jurisdiction;(b) Was acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, community property; or(c) Is traceable to that community property.(2) Real property, except real property held as tenants by the entirety, which is located in this state, and which:(a) Was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as, or which became and remained, community property under the laws of another jurisdiction; or(b) Is traceable to that community property.History.—s. 5, ch. 92-200; s. 4, ch. 2003-154.
FL Stat § 732.218 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.218 - Rebuttable presumptions.

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 in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which these sections apply.(2) Real property located in this state, other than homestead and real property held as tenants by the entirety, and personal property wherever located acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property and title to which was taken in a form which created rights of survivorship are presumed to be property to which these sections do not apply.History.—s. 6, ch. 92-200; s. 31, ch. 2001-226.
FL Stat § 732.219 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.219 - Disposition upon death.

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 not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. The decedent’s one-half of that property is not in the elective estate.History.—s. 7, ch. 92-200; s. 32, ch. 2001-226; s. 107, ch. 2002-1.
FL Stat § 732.221 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.221 - Perfection of title of personal representative or beneficiary.

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 personal representative or a beneficiary of the decedent may institute an action to perfect title to the property. The personal representative has no duty to discover whether any property held by the surviving spouse is property to which ss. 732.216-732.228 apply, unless a written demand is made by a beneficiary within 3 months after service of a copy of the notice of administration on the beneficiary or by a creditor within 3 months after the first publication of the notice to creditors.History.—s. 8, ch. 92-200; s. 33, ch. 2001-226.
FL Stat § 732.222 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.222 - Purchaser for value or lender.

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 in the property takes the interest in the property free of any rights of the personal representative or a beneficiary of the decedent.(2) If a personal representative or a beneficiary of the decedent 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 that interest in the property free of any rights of the surviving spouse.(3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.(4) The proceeds of a sale or creation of a security interest must be treated as the property transferred to the purchaser for value or a lender.History.—s. 9, ch. 92-200; s. 956, ch. 97-102; s. 34, ch. 2001-226.
FL Stat § 732.223 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.223 - Perfection of title of surviving spouse.

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 the surviving spouse may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the beneficiaries of the decedent with the approval of the probate court. The probate court in which the decedent’s estate is being administered has no duty to discover whether property held by the decedent is property to which ss. 732.216-732.228 apply. The personal representative has no duty to discover whether property held by the decedent is property to which ss. 732.216-732.228 apply unless a written demand is made by the surviving spouse or the spouse’s successor in interest within 3 months after service of a copy of the notice of administration on the surviving spouse or the spouse’s successor in interest.History.—s. 10, ch. 92-200; s. 957, ch. 97-102; s. 35, ch. 2001-226.
FL Stat § 732.224 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.224 - Creditor’s rights.

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. 92-200.
FL Stat § 732.225 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.225 - Acts of married persons.

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 to which these sections apply in real property located in this state which is or becomes homestead property creates a conclusive presumption that the spouses have agreed to terminate the community property attribute of the property reinvested.History.—s. 12, ch. 92-200.
FL Stat § 732.226 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.226 - Limitations on testamentary disposition.

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 by that person.History.—s. 13, ch. 92-200.
FL Stat § 732.227 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.227 - Homestead defined.

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 of the State Constitution.History.—s. 14, ch. 92-200.
FL Stat § 732.228 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.228 - Uniformity of application and construction.

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 of these sections among those states which enact them.History.—s. 15, ch. 92-200.
FL Stat § 732.301 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part III - Pretermitted Spouse and Children (Ss. 732.301, 732.302)|732.301 - Pretermitted spouse.

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.
FL Stat § 732.302 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part III - Pretermitted Spouse and Children (Ss. 732.301, 732.302)|732.302 - Pretermitted children.

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 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 in value to that which the child would have received if the testator had died intestate, unless:(1) It appears from the will that the omission was intentional; or(2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805.History.—s. 1, ch. 74-106; s. 16, ch. 75-220; s. 958, ch. 97-102; s. 36, ch. 2001-226.Note.—Created from former s. 731.11.
FL Stat § 732.4015 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part IV - Exempt Property and Allowances (Ss. 732.401-732.403)|732.4015 - Devise of homestead.

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 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 purposes of subsection (1), the term:(a) “Owner” includes the grantor of a trust described in s. 733.707(3) that is evidenced by a written instrument which is in existence at the time of the grantor’s death as if the interest held in trust was owned by the grantor.(b) “Devise” includes a disposition by trust of that portion of the trust estate which, if titled in the name of the grantor of the trust, would be the grantor’s homestead.(3) If an interest in homestead has been devised to the surviving spouse as authorized by law and the constitution, and the surviving spouse’s interest is disclaimed, the disclaimed interest shall pass in accordance with chapter 739.History.—s. 1, ch. 74-106; ss. 18, 30, ch. 75-220; s. 16, ch. 92-200; s. 959, ch. 97-102; s. 38, ch. 2001-226; s. 13, ch. 2007-74; s. 8, ch. 2010-132.
FL Stat § 732.4017 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part IV - Exempt Property and Allowances (Ss. 732.401-732.403)|732.4017 - Inter vivos transfer of homestead property.

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 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 interest transferred does not descend as provided in s. 732.401 if the transferor fails to retain a power, held in any capacity, acting alone or in conjunction with any other person, to revoke or revest that interest in the transferor.(2) As used in this section, the term “transfer in trust” refers to a trust under which the transferor of the homestead property, alone or in conjunction with another person, does not possess a right of revocation as that term is defined in s. 733.707(3)(e). A power possessed by the transferor which is exercisable during the transferor’s lifetime to alter the beneficial use and enjoyment of the interest within a class of beneficiaries identified only in the trust instrument is not a right of revocation if the power may not be exercised in favor of the transferor, the transferor’s creditors, the transferor’s estate, or the creditors of the transferor’s estate or exercised to discharge the transferor’s legal obligations. This subsection does not create an inference that a power not described in this subsection is a power to revoke or revest an interest in the transferor.(3) The transfer of an interest in homestead property described in subsection (1) may not be treated as a devise of that interest even if:(a) The transferor retains a separate legal or equitable interest in the homestead property, directly or indirectly through a trust or other arrangement such as a term of years, life estate, reversion, possibility of reverter, or fractional fee interest;(b) The interest transferred does not become a possessory interest until a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, the death of the transferor; or(c) The interest transferred is subject to divestment, expiration, or lapse upon a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, survival of the transferor.(4) It is the intent of the Legislature that this section clarify existing law.History.—s. 9, ch. 2010-132.
FL Stat § 732.403 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part IV - Exempt Property and Allowances (Ss. 732.401-732.403)|732.403 - Family allowance.

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 decedent’s lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. The court may order this allowance to be paid as a lump sum or in periodic installments. The allowance shall not exceed a total of $18,000. It shall be paid to the surviving spouse, if living, for the use of the spouse and dependent lineal heirs. If the surviving spouse is not living, it shall be paid to the lineal heirs or to the persons having their care and custody. If any lineal heir is not living with the surviving spouse, the allowance may be made partly to the lineal heir or guardian or other person having the heir’s care and custody and partly to the surviving spouse, as the needs of the dependent heir and the surviving spouse appear. The family allowance is not chargeable against any benefit or share otherwise passing to the surviving spouse or to the dependent lineal heirs, unless the will otherwise provides. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. For purposes of this section, the term “lineal heir” or “lineal heirs” means lineal ascendants and lineal descendants of the decedent.History.—s. 1, ch. 74-106; s. 19, ch. 75-220; s. 960, ch. 97-102; s. 40, ch. 2001-226.Note.—Created from former s. 733.20.
FL Stat § 732.501 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part V - Wills (Ss. 732.501-732.526)|732.501 - Who may make a will.

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. 1, ch. 74-106; s. 113, ch. 75-220; s. 41, ch. 2001-226.Note.—Created from former s. 731.04.
FL Stat § 732.502 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part V - Wills (Ss. 732.501-732.526)|732.502 - Execution of wills.

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; 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) Witnesses.—The testator’s:1. Signing, or2. Acknowledgment:a. That he or she has previously signed the will, orb. That another person has subscribed the testator’s name to it,must be in the presence of at least two attesting witnesses.(c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.(3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.(4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.(5) A codicil shall be executed with the same formalities as a will.History.—s. 1, ch. 74-106; s. 21, ch. 75-220; s. 11, ch. 77-87; s. 961, ch. 97-102; s. 42, ch. 2001-226; s. 5, ch. 2003-154.Note.—Created from former s. 731.07.
FL Stat § 732.503 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part V - Wills (Ss. 732.501-732.526)|732.503 - Self-proof of will.

732.503 Self-proof of will.—1(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 evidenced by the officer’s certificate attached to or following the will, in substantially the following form:STATE OF   COUNTY OF   I,    , declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will.      TestatorWe,    and   , have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator’s will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other.      Witness      WitnessAcknowledged and subscribed before me by means of ☐ physical presence or ☐ online notarization by the testator,   (type or print testator’s name)  , who ☐ is personally known to me or ☐ has produced   (state type of identification—see s. 117.05(5)(b)2.)   as identification, and sworn to and subscribed before me by each of the following witnesses:   (type or print name of first witness)   who ☐ is personally known to me or ☐ has produced   (state type of identification—see s. 117.05(5)(b)2.)   as identification, by means of ☐ physical presence or ☐ online notarization; and   (type or print name of second witness)   who ☐ is personally known to me or ☐ has produced   (state type of identification—see s. 117.05(5)(b)2.)   as identification, by means of ☐ physical presence or ☐ online notarization. Subscribed by me in the presence of the testator and the subscribing witnesses, by the means specified herein, all on   (date)  .  (Signature of Officer)    (Print, type, or stamp commissioned name and affix official seal)  (2) A will or codicil made self-proved under former law, or executed in another state and made self-proved under the laws of that state, shall be considered as self-proved under this section.History.—s. 1, ch. 74-106; s. 21, ch. 75-220; s. 12, ch. 77-87; s. 8, ch. 93-62; s. 962, ch. 97-102; s. 18, ch. 98-246; s. 43, ch. 2001-226; s. 5, ch. 2021-205.1Note.—Section 9, ch. 2021-205, provides that “[t]he amendments made by this act are remedial in nature and shall apply retroactively to January 1, 2020.”Note.—Created from former s. 731.071.
FL Stat § 732.504 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part V - Wills (Ss. 732.501-732.526)|732.504 - Who may witness.

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 not invalid because the will or codicil is signed by an interested witness.History.—s. 1, ch. 74-106; s. 22, ch. 75-220; s. 1, ch. 77-174; s. 268, ch. 79-400.
FL Stat § 732.505 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part V - Wills (Ss. 732.501-732.526)|732.505 - Revocation by writing.

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 does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency.(2) By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation.History.—s. 1, ch. 74-106; s. 23, ch. 75-220; s. 13, ch. 77-87; s. 269, ch. 79-400; s. 44, ch. 2001-226.Note.—Created from former ss. 731.12, 731.13.