reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 731 - Probate Code: General Provisions › Part III - Notice and Representation (Ss. 731.301-731.401) › 731.401 - Arbitration of disputes.

731.401 Arbitration of disputes.—
(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 enforceable.
(2) Unless otherwise specified in the will or trust, a will or trust provision requiring arbitration shall be presumed to require binding arbitration under chapter 682, the Revised Florida Arbitration Code. If an arbitration enforceable under this section is governed under chapter 682, the arbitration provision in the will or trust shall be treated as an agreement for the purposes of applying chapter 682.
History.—s. 4, ch. 2007-74; s. 37, ch. 2013-232.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.101 - Intestate estate.

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 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, ch. 74-106; s. 8, ch. 75-220; s. 14, ch. 2001-226.
Note.—Created from former s. 731.23.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.102 - Spouse’s share of intestate estate.

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 by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
History.—s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226; s. 5, ch. 2007-74; s. 2, ch. 2011-183.
Note.—Created from former s. 731.23.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.103 - Share of other heirs.

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 spouse, descends as follows:
(1) To the descendants of the decedent.
(2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them.
(3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters.
(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order:
(a) To the grandfather and grandmother equally, or to the survivor of them.
(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.
(c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.
(5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.
(6) If none of the foregoing, and if any of the descendants of the decedent’s great-grandparents were Holocaust victims as defined in s. 626.9543(3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.
History.—s. 1, ch. 74-106; s. 8, ch. 75-220; s. 1, ch. 77-174; s. 16, ch. 2001-226; s. 145, ch. 2004-390; s. 102, ch. 2006-1; s. 6, ch. 2007-74.
Note.—Created from former s. 731.23.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.104 - Inheritance per stirpes.

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 former s. 731.25.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.105 - Half blood.

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 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 of the half blood they shall have whole parts.
History.—s. 1, ch. 74-106; s. 10, ch. 75-220.
Note.—Created from former s. 731.24.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.106 - Afterborn heirs.

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 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.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.107 - Escheat.

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 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 the state and deposited in the State School Fund.
(3) At any time within 10 years after the payment to the Chief Financial Officer, a person claiming to be entitled to the proceeds may reopen the administration to assert entitlement to the proceeds. If no claim is timely asserted, the state’s rights to the proceeds shall become absolute.
(4) The Department of Legal Affairs shall represent the state in all proceedings concerning escheated estates.
(5)(a) If a person entitled to the proceeds assigns the rights to receive payment to an attorney, Florida-certified public accountant, or private investigative agency which is duly licensed to do business in this state pursuant to a written agreement with that person, the Department of Financial Services is authorized to make distribution in accordance with the assignment.
(b) Payments made to an attorney, Florida-certified public accountant, or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney, Florida-certified public accountant, or private investigative agency in a financial institution authorized to accept such deposits and located in this state.
(c) Distribution by the attorney, Florida-certified public accountant, or private investigative agency to the person entitled to the proceeds shall be made within 10 days following final credit of the deposit into the trust or escrow account at the financial institution, unless a party to the agreement protests the distribution in writing before it is made.
(d) The department shall not be civilly or criminally liable for any proceeds distributed pursuant to this subsection, provided such distribution is made in good faith.
History.—s. 1, ch. 74-106; s. 10, ch. 75-220; s. 4, ch. 89-291; s. 9, ch. 89-299; s. 953, ch. 97-102; s. 32, ch. 2001-36; s. 17, ch. 2001-226; s. 1896, ch. 2003-261.
Note.—Created from former s. 731.33.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.108 - Adopted persons and persons born out of wedlock.

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 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 or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that:
(a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family.
(b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent.
(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.
(2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if:
(a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.
(b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph.
(c) The paternity of the father is acknowledged in writing by the father.
History.—s. 1, ch. 74-106; s. 11, ch. 75-220; s. 7, ch. 77-87; s. 1, ch. 77-174; s. 2, ch. 87-27; s. 954, ch. 97-102; s. 8, ch. 2007-74; s. 2, ch. 2009-115.
Note.—Created from former ss. 731.29, 731.30.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.1081 - Termination of parental rights.

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 child if the natural or adoptive parent’s parental rights were terminated pursuant to chapter 39 prior to the death of the child, and the natural or adoptive parent shall be treated as if the parent predeceased the child.
History.—s. 4, ch. 2012-109.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.109 - Debts to decedent.

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 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. 11, ch. 75-220.
Note.—Created from former s. 736.01.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.1101 - Aliens.

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.
Note.—Created from former s. 731.28.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 732 - Probate Code: Intestate Succession and Wills › Part I - Intestate Succession (Ss. 732.101-732.111) › 732.111 - Dower and curtesy abolished.

732.111 Dower and curtesy abolished.—Dower and curtesy are abolished.
History.—s. 1, ch. 74-106; s. 113, ch. 75-220.
2023 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) › 732.201 - Right to elective share.

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 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 the spouse is not treated as having predeceased the decedent.
History.—s. 1, ch. 74-106; s. 13, ch. 75-220; s. 1, ch. 99-343; s. 3, ch. 2016-189.
Note.—Created from former s. 731.34.
2023 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) › 732.2045 - Exclusions and overlapping application.

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 before the effective date of this subsection or after that date but before the date of the decedent’s marriage to the surviving spouse.
(b) Any transfer of property by the decedent to the extent the decedent received adequate consideration in money or money’s worth for the transfer.
(c) Any transfer of property by the decedent made with the written consent of the decedent’s spouse. For this purpose, spousal consent to split-gift treatment under the United States gift tax laws does not constitute written consent to the transfer by the decedent.
(d) The proceeds of any policy of insurance on the decedent’s life in excess of the net cash surrender value of the policy whether payable to the decedent’s estate, a trust, or in any other manner.
(e) Any policy of insurance on the decedent’s life maintained pursuant to a court order.
(f) The decedent’s one-half of the property to which ss. 732.216-732.228, or any similar provisions of law of another state, apply and real property that is community property under the laws of the jurisdiction where it is located.
(g) Property held in a qualifying special needs trust on the date of the decedent’s death.
(h) Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment.
(i) Property which constitutes the protected homestead of the decedent if the surviving spouse validly waived his or her homestead rights as provided under s. 732.702, or otherwise under applicable law, and such spouse did not receive any interest in the protected homestead upon the decedent’s death.
(2) OVERLAPPING APPLICATION.—If s. 732.2035(1) and any other subsection of s. 732.2035 apply to the same property interest, the amount included in the elective estate under other subsections is reduced by the amount included under subsection (1). In all other cases, if more than one subsection of s. 732.2035 applies to a property interest, only the subsection resulting in the largest elective estate shall apply.
History.—s. 4, ch. 99-343; s. 21, ch. 2001-226; s. 4, ch. 2009-115; s. 3, ch. 2017-121.
2023 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) › 732.2055 - Valuation of the elective estate.

732.2055 Valuation of the elective estate.—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 s. 732.401(1), or validly elects to take an undivided one-half interest as a tenant in common as provided in s. 732.401(2), one-half of the fair market value of the protected homestead on the date of the decedent’s death.
3. If the surviving spouse validly waived his or her homestead rights as provided under s. 732.702 or otherwise under applicable law, but nevertheless receives an interest in the protected homestead, other than an interest described in s. 732.401, including an interest in trust, the value of the spouse’s interest is determined as property interests that are not protected homestead.
(b) For purposes of this subsection, fair market value shall be calculated by deducting from the total value of the property all mortgages, liens, and security interests to which the protected homestead is subject and for which the decedent is liable, but only to the extent that such amount is not otherwise deducted as a claim paid or payable from the elective estate.
(2) In the case of any policy of insurance on the decedent’s life includable under s. 732.2035(5), (6), or (7), the net cash surrender value of the policy immediately before the decedent’s death.
(3) In the case of any policy of insurance on the decedent’s life includable under s. 732.2035(9), the net cash surrender value of the policy on the date of the termination or transfer.
(4) In the case of amounts includable under s. 732.2035(8), the transfer tax value of the amounts on the date of the decedent’s death.
(5) In the case of other property included under s. 732.2035(9), the fair market value of the property on the date of the termination or transfer, computed after deducting any mortgages, liens, or security interests on the property as of that date.
(6) In the case of all other property, the fair market value of the property on the date of the decedent’s death, computed after deducting from the total value of the property:
(a) All claims paid or payable from the elective estate; and
(b) To the extent they are not deducted under paragraph (a), all mortgages, liens, or security interests on the property.
History.—s. 5, ch. 99-343; s. 22, ch. 2001-226; s. 4, ch. 2017-121.
2023 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) › 732.2065 - Amount of the elective share.

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.
Note.—Former s. 732.207.
2023 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) › 732.2105 - Effect of election on other interests.

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; s. 26, ch. 2001-226.
Note.—Former s. 732.208.
2023 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) › 732.2115 - Protection of payors and other third parties.

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(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 action in good faith reliance on the validity of a governing instrument.
History.—s. 11, ch. 99-343; s. 8, ch. 2017-121.
2023 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) › 732.2125 - Right of election; by whom exercisable.

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 fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime.
History.—s. 15, ch. 75-220; s. 12, ch. 99-343; s. 27, ch. 2001-226; s. 6, ch. 2010-132.
Note.—Former s. 732.210.
2023 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) › 732.2135 - Time of election; extensions; withdrawal.

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 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 surviving spouse, or the date that is 2 years after the date of the decedent’s death.
(2) Within the period provided in subsection (1), or 40 days after the date of termination of any proceeding which affects the amount the spouse is entitled to receive under s. 732.2075(1), whichever is later, but no more than 2 years after the decedent’s death, the surviving spouse or an attorney in fact or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election. For good cause shown, the court may extend the time for election. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension.
(3) The surviving spouse or an attorney in fact, guardian of the property, or personal representative of the surviving spouse may withdraw an election at any time within 8 months after the decedent’s death and before the court’s order of contribution.
(4) A petition for an extension of the time for making the election or for approval to make the election shall toll the time for making the election.
History.—s. 15, ch. 75-220; s. 13, ch. 99-343; s. 28, ch. 2001-226; s. 4, ch. 2006-134; s. 7, ch. 2009-115; s. 9, ch. 2017-121.
Note.—Former s. 732.212.
2023 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) › 732.2145 - Order of contribution; personal representative’s duty to collect contribution.

732.2145 Order of contribution; personal representative’s duty to collect contribution.—
(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 entered. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution. The order is prima facie correct in proceedings in any court or jurisdiction.
(2) Except as provided in subsection (3), the personal representative shall collect contribution from the recipients of the elective estate as provided in the court’s order of contribution.
(a) If property within the possession or control of the personal representative is distributable to a beneficiary or trustee who is required to contribute in satisfaction of the elective share, the personal representative shall withhold from the distribution the contribution required of the beneficiary or trustee.
(b) If, after the order of contribution, the personal representative brings an action to collect contribution from property not within the personal representative’s control, the judgment shall include the personal representative’s costs and reasonable attorney’s fees. The personal representative is not required to seek collection of any portion of the elective share from property not within the personal representative’s control until after the entry of the order of contribution.
(3) A personal representative who has the duty under this section of enforcing contribution may be relieved of that duty by an order of the court finding that it is impracticable to enforce contribution in view of the improbability of obtaining a judgment or the improbability of collection under any judgment that might be obtained, or otherwise. The personal representative shall not be liable for failure to attempt collection if the attempt would have been economically impracticable.
(4) Nothing in this section limits the independent right of the surviving spouse to collect the elective share as provided in the order of contribution, and that right is hereby conferred. If the surviving spouse brings an action to enforce the order, the judgment shall include the surviving spouse’s costs and reasonable attorney’s fees.
History.—s. 14, ch. 99-343; s. 29, ch. 2001-226; s. 10, ch. 2017-121.
2023 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) › 732.2151 - Award of fees and costs in elective share proceedings.

732.2151 Award of fees and costs in elective share proceedings.—
(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 elective estate, or its value; or
(c) The satisfaction of the elective share.
(2) When awarding taxable costs or attorney fees, the court may do one or more of the following:
(a) Direct payment from the estate.
(b) Direct payment from a party’s interest in the elective share or the elective estate.
(c) Enter a judgment that can be satisfied from other property of the party.
(3) In addition to any of the fees that may be awarded under subsections (1) and (2), if the personal representative does not file a petition to determine the amount of the elective share as required by the Florida Probate Rules, the electing spouse or the attorney in fact, guardian of the property, or personal representative of the electing spouse may be awarded from the estate reasonable costs, including attorney fees, incurred in connection with the preparation and filing of the petition.
(4) This section applies to all proceedings commenced on or after July 1, 2017, without regard to the date of the decedent’s death.
History.—s. 11, ch. 2017-121.
2023 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) › 732.2155 - Effective date; effect of prior waivers; transition rules.

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 1, 1999, applies to decedents dying before October 1, 2001.
(2) Nothing in ss. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61.
(3) A waiver of elective share rights before the effective date of this section which is otherwise in compliance with the requirements of s. 732.702 is a waiver of all rights under ss. 732.201-732.2145.
(4) Notwithstanding anything in s. 732.2045(1)(a) to the contrary, any trust created by the decedent before the effective date of ss. 732.201-732.2145 that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of these sections and in satisfaction of the elective share.
(5) Sections 732.201-732.2155 do not affect any interest in contracts entered into for adequate consideration in money or money’s worth before October 1, 1999, to the extent that the contract was irrevocable at all times from October 1, 1999, until the date of the decedent’s death.
(6) Sections 732.201-732.2155 do not affect any interest in property held, as of the decedent’s death, in a trust, whether revocable or irrevocable, if:
(a) The property was an asset of the trust at all times between October 1, 1999, and the date of the decedent’s death;
(b) The decedent was not married to the decedent’s surviving spouse when the property was transferred to the trust; and
(c) The property was a nonmarital asset as defined in s. 61.075 immediately prior to the decedent’s death.
History.—s. 15, ch. 99-343; s. 30, ch. 2001-226.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 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 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.
2023 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.
2023 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.
2023 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.