732.102
Spouse’s share of intestate estate.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 30
cases (5 in the last 5 years), 1979–2025 · leading case: Cohen v. Shushan
Cohen v. Shushan (2017)
“Cohen's passing; thus, according to the court, under section 732.102, Florida Statutes (2013), Ms.”
Lowe v. Broward County (2000)
“08); the right to an elective share in the estate of a deceased spouse (Fla.Stat. § 732.102); the right to enter into a gestational surrogacy agreement (Fla.”
Gordon v. Fishman (2018)
“Cohen under section 732.102" because they were not married).”
In Re Estate of Salathe (1997)
“Under Florida's intestacy laws, a surviving spouse takes the first ,000 plus one-half of the balance of *1169 the estate if there are lineal descendants of both the decedent and the surviving spouse.”
Estate of Ganier (1981)
“201, Florida Statutes (1979) prevents a surviving spouse to whom a small bequest is given in the will from being "disinherited" because he or she may choose to take an elective share, this is small consolation to the spouse who would otherwise take the entire estate as would be…”
Matter of Estate of Keeven (1986)
“201, Florida Statutes (1979) prevents a surviving spouse to whom a small bequest is given in the will from being "disinherited" because he or she may choose to take an elective share, this is small consolation to the spouse who would otherwise take the entire estate as would be…”
In Re Estate of Killinger (1984)
“The estate was administered pursuant to the intestate provisions of section 732.102, Florida Statutes (1981).”
In Re Estate of Gaspelin (1989)
“The beneficiaries under the will of Joseph Gaspelin appeal the final judgment of the probate court declaring Doris Daerr Gaspelin to be a pretermitted spouse pursuant to section 732.301, Florida Statutes (1985). Since Mr.”
Karasek v. Lamping Trust (2005)
“§ 732.102(3), Fla. Stat. (2003). The trial court held that the law in effect in 1967 applied, based on Jenkins v.”
AHCA v. Estate of Johnson (1999)
“There are really two parts to this analysis. First, section 709.”
Arthur v. Milstein (2007)
“103 of the Florida Probate Code provides that the part of the intestate estate not passing to the surviving spouse under section 732.102, or the entire intestate estate if there is no surviving spouse, descends first to the lineal descendants of the decedent, and if there is no…”
Colwell v. Royal International Trading Corp. (1998)
“See §§ 732.102, 782.201, Fla.Stat.; see also Pawley v.”
— 732.102(1)(a) — 3 cases
Estate of Ganier (1981)
“201, Florida Statutes (1979) prevents a surviving spouse to whom a small bequest is given in the will from being "disinherited" because he or she may choose to take an elective share, this is small consolation to the spouse who would otherwise take the entire estate as would be…”
Matter of Estate of Keeven (1986)
“201, Florida Statutes (1979) prevents a surviving spouse to whom a small bequest is given in the will from being "disinherited" because he or she may choose to take an elective share, this is small consolation to the spouse who would otherwise take the entire estate as would be…”
In Re Estate of Gaspelin (1989)
“The beneficiaries under the will of Joseph Gaspelin appeal the final judgment of the probate court declaring Doris Daerr Gaspelin to be a pretermitted spouse pursuant to section 732.301, Florida Statutes (1985). Since Mr.”
— 732.102(1)(b) — 1 case
In Re Estate of Salathe (1997)
“Under Florida's intestacy laws, a surviving spouse takes the first ,000 plus one-half of the balance of *1169 the estate if there are lineal descendants of both the decedent and the surviving spouse.”
— 732.102(1)(c) — 1 case
Solomon v. Dunlap (1979)
— 732.102(3) — 2 cases
Karasek v. Lamping Trust (2005)
“§ 732.102(3), Fla. Stat. (2003). The trial court held that the law in effect in 1967 applied, based on Jenkins v.”
— 732.102(l)(a) — 1 case
Keeven v. Wakley (1986)
— 732.102(l)(b) — 1 case
Schula v. Salathe (1997)
— 732.102(l)(e) — 1 case
Karasek v. Lamping Trust (2005)
“§ 732.102(3), Fla. Stat. (2003). The trial court held that the law in effect in 1967 applied, based on Jenkins v.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.