Florida Statute 732.102 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.102

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.

F.S. 732.102 on Google Scholar

F.S. 732.102 on Casetext

Amendments to 732.102

Arrestable Offenses / Crimes under Fla. Stat. 732.102

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.102.

Annotations, Discussions, Cases:

Cases Citing Statute 732.102

Total Results: 20

Donna Fuentes v. Irene C. Link, etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

Snippet: are not also children of the surviving spouse. § 732.102(3), Fla. Stat. The remaining portion of the intestate

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2021-02-18

Snippet: share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-12-31

Snippet: share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit

Eddie Dorsey, a/k/a Eddie Dorsey, Jr., Audrey Dorsey, Cynthia Riggins, Johnnie Mae Dorsey, James Dorsey, Lillie Dorsey a/k/a Lillie Ruth Dorsey v. Franklin Robinson, Josephine Robinson, and Mary Thompson

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Citation: 270 So. 3d 462

Snippet: the heirs’ right to the intestate property); § 732.102, Fla. Stat. (2016) (setting forth the intestate

Gordon v. Fishman

Court: District Court of Appeal of Florida | Date Filed: 2018-08-24

Citation: 253 So. 3d 1218

Snippet: a surviving spouse of Mr. Cohen under section 732.102" because they were not married). Thus, the laws

SILVIA GORDON v. ROBERT FISHMAN, AS PERSONAL REPRESENTATIVE

Court: District Court of Appeal of Florida | Date Filed: 2018-08-24

Snippet: a surviving spouse of Mr. Cohen under section 732.102" because they were not married). Thus, the

Cohen v. Shushan

Court: District Court of Appeal of Florida | Date Filed: 2017-03-15

Citation: 212 So. 3d 1113, 2017 WL 1018422, 2017 Fla. App. LEXIS 3430

Snippet: passing; thus, according to the court, under section 732.102, Florida Statutes (2013), Ms. Shushan was entitled

Stockinger v. Zeilberger

Court: District Court of Appeal of Florida | Date Filed: 2014-11-19

Citation: 152 So. 3d 71, 2014 Fla. App. LEXIS 18950, 2014 WL 6465244

Snippet: estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no

Aldrich v. Basile

Court: Supreme Court of Florida | Date Filed: 2014-03-27

Citation: 136 So. 3d 530, 39 Fla. L. Weekly Supp. 159, 2014 WL 1240073, 2014 Fla. LEXIS 1027

Snippet: accomplished through the intestacy statute. See §§ 732.102, 732.103, Fla. Stat. Further, section 732.6005(2)

Arthur v. Milstein

Court: District Court of Appeal of Florida | Date Filed: 2007-02-28

Citation: 949 So. 2d 1163, 2007 WL 602630

Snippet: passing to the surviving spouse under section 732.102, or the entire intestate estate if there is no

Karasek v. Lamping Trust

Court: District Court of Appeal of Florida | Date Filed: 2005-08-31

Citation: 909 So. 2d 552, 2005 Fla. App. LEXIS 14491, 2005 WL 2086183

Snippet: receive one-half of the intes*554tate estate. § 732.102(l)(e), Fla. Stat. (1983). A similarly situated

Traeger v. CREDIT FIRST NAT. ASS'N

Court: District Court of Appeal of Florida | Date Filed: 2004-01-09

Citation: 864 So. 2d 1188, 2004 Fla. App. LEXIS 61, 2004 WL 40548

Snippet: estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no

Lowe v. Broward County

Court: District Court of Appeal of Florida | Date Filed: 2000-09-20

Citation: 766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

Snippet: in the estate of a deceased spouse (Fla.Stat. § 732.102); the right to enter into a gestational surrogacy

AHCA v. Estate of Johnson

Court: District Court of Appeal of Florida | Date Filed: 1999-09-08

Citation: 743 So. 2d 83

Snippet: court. I cannot subscribe to the view that section 732.102 or section 733.710 may be harmonized with and construed

Schula v. Salathe

Court: District Court of Appeal of Florida | Date Filed: 1997-12-12

Citation: 703 So. 2d 1167, 1997 Fla. App. LEXIS 13928

Snippet: both the decedent and the surviving spouse. § 732.102(l)(b), Fla. Stat. (1995). Any surviving children

In Re Estate of Salathe

Court: District Court of Appeal of Florida | Date Filed: 1997-12-12

Citation: 703 So. 2d 1167, 1997 WL 784804

Snippet: both the decedent and the surviving spouse. § 732.102(1)(b), Fla. Stat. (1995). Any surviving children

Urick v. McFarland

Court: District Court of Appeal of Florida | Date Filed: 1993-09-17

Citation: 625 So. 2d 1253, 1993 WL 356915

Snippet: property through intestacy or joint ownership. See § 732.102, Fla. Stat. (1989). Unless Mr. Urick is regarded

In Re Estate of Gaspelin

Court: District Court of Appeal of Florida | Date Filed: 1989-03-31

Citation: 542 So. 2d 1023, 1989 WL 29030

Snippet: judgment awarded Mrs. Gaspelin the entire estate. § 732.102(1)(a), Fla. Stat. (1985); In re Estate of Dumas

In Re Estate of Killinger

Court: District Court of Appeal of Florida | Date Filed: 1984-04-18

Citation: 448 So. 2d 1187

Snippet: pursuant to the intestate provisions of section 732.102, Florida Statutes (1981). Distribution of the assets

Ray v. Rotella

Court: District Court of Appeal of Florida | Date Filed: 1982-12-22

Citation: 425 So. 2d 94, 1982 Fla. App. LEXIS 22000

Snippet: Grobard, 382 So.2d 117 (Fla. 3d DCA 1980). .See §§ 732.102, 732.103 and 732.401, Fla. Stat. (1981). . Such