Florida Statutes

Fla. Stat. § 732.102 (2025)

Spouse’s share of intestate estate.

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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, 212 So. 3d 1113 (Fla. 2d DCA 2017).

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Cohen v. Shushan, 212 So. 3d 1113 (Fla. 2d DCA 2017). · cites it 18× “Cohen's passing; thus, according to the court, under section 732.102, Florida Statutes (2013), Ms.”

Lowe v. Broward Cnty., 766 So. 2d 1199 (Fla. 4th DCA 2000). · cites it 2× “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, 253 So. 3d 1218 (Fla. 2d DCA 2018). “Cohen under section 732.102" because they were not married).”

In Re Est. of Salathe, 703 So. 2d 1167 (Fla. 2d DCA 1997). · cites it 3× “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.”

Est. of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981). · cites it 2× “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 Est. of Keeven, 716 P.2d 1224 (Idaho 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 Est. of Killinger, 448 So. 2d 1187 (Fla. 2d DCA 1984). · cites it 2× “The estate was administered pursuant to the intestate provisions of section 732.102, Florida Statutes (1981).”

In Re Est. of Gaspelin, 542 So. 2d 1023 (Fla. 2d DCA 1989). · cites it 2× “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, 909 So. 2d 552 (Fla. 4th DCA 2005). · cites it 4× “§ 732.102(3), Fla. Stat. (2003). The trial court held that the law in effect in 1967 applied, based on Jenkins v.”

AHCA v. Est. of Johnson, 743 So. 2d 83 (Fla. 3d DCA 1999). “There are really two parts to this analysis. First, section 709.”

Arthur v. Milstein, 949 So. 2d 1163 (Fla. 4th DCA 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 Int'l Trading Corp., 226 B.R. 714 (S.D. Fla. 1998). “See §§ 732.102, 782.201, Fla.Stat.; see also Pawley v.”

Show all 30 citing cases →

— 732.102(1)(a) — 3 cases

Est. of Ganier, 402 So. 2d 418 (Fla. 5th DCA 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…”

In Re Est. of Gaspelin, 542 So. 2d 1023 (Fla. 2d DCA 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 Est. of Salathe, 703 So. 2d 1167 (Fla. 2d DCA 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, 372 So. 2d 218 (Fla. 1st DCA 1979).

— 732.102(3) — 2 cases

Karasek v. Lamping Trust, 909 So. 2d 552 (Fla. 4th DCA 2005). “§ 732.102(3), Fla. Stat. (2003). The trial court held that the law in effect in 1967 applied, based on Jenkins v.”

Donna Fuentes v. Irene C. Link, etc. (Fla. 3d DCA 2024).

— 732.102(l)(a) — 1 case

Keeven v. Wakley, 716 P.2d 1224 (Idaho 1986).

— 732.102(l)(b) — 1 case

Schula v. Salathe, 703 So. 2d 1167 (Fla. 2d DCA 1997).

— 732.102(l)(e) — 1 case

Karasek v. Lamping Trust, 909 So. 2d 552 (Fla. 4th DCA 2005). “§ 732.102(3), Fla. Stat. (2003). The trial court held that the law in effect in 1967 applied, based on Jenkins v.”

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