Florida Statutes

Fla. Stat. § 732.103 (2025)

Share of other heirs.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 49 cases (6 in the last 5 years), 1980–2026 · leading case: Stockinger v. Zeilberger, 152 So. 3d 71 (Fla. 3d DCA 2014).

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Snyder v. Davis, 699 So. 2d 999 (Fla. 1997). · cites it 10× “See § 732.103, Fla. Stat. (1995). The court then certified *1000 the following question to be of great public importance: WHETHER ARTICLE X, SECTION 4, OF THE FLORIDA CONSTITUTION EXEMPTS FROM FORCED SALE A DEVISE OF A HOMESTEAD BY A DECEDENT NOT SURVIVED BY A SPOUSE OR MINOR…”

Stockinger v. Zeilberger, 152 So. 3d 71 (Fla. 3d DCA 2014). · cites it 10× “In March 2012, the Petitioners, who all reside in Austria, filed a Petition for Determination of Heirs, asserting that they are the Decedent’s half-sisters,1 and therefore, pursuant to section 732.103, Florida Statutes (2011),2 they are each entitled to 25% of the Decedent’s…”

Bartelt v. Bartelt, 579 So. 2d 282 (Fla. 3d DCA 1991). · cites it 5× “1st DCA 1987) (because decedent's "good friend" not recognized as an heir under § 732.103, homestead property devised to that "good friend" was not exempt from forced sale by decedent's creditors).”

Cooper v. Ford & Sinclair, PA, 888 So. 2d 683 (Fla. 4th DCA 2004). · cites it 4× “Section 732.103, Florida Statutes, provides the method of descent for intestate estates where there is no surviving spouse and section 732.”

McKean v. Warburton, 919 So. 2d 341 (Fla. 2006). · cites it 2× “Florida's intestacy statute, section 732.103, Florida Statutes (2004), includes the following family members: the surviving spouse, the lineal descendants, the decedent's mother or father or both, the decedent's brothers and sisters, and then the descendents of the brothers and…”

Engelke v. Est. of Engelke, 921 So. 2d 693 (Fla. 4th DCA 2006). · cites it 2× “The Snyder court held that the term "heirs" in article X, section 4(b) is not limited to the person or persons who would actually take the homestead by law in intestacy on the death of the decedent; rather, the term "heirs" encompasses any of that class of persons categorized in…”

Arthur v. Milstein, 949 So. 2d 1163 (Fla. 4th DCA 2007). · cites it 4× “50(4) directs that priority to the remains pass in accordance with section 732.103 of the probate code. Under section 732.”

In Re Est. of Hamel, 821 So. 2d 1276 (Fla. 2d DCA 2002). · cites it 2× “See § 732.103(1), Fla. Stat. (2000) (designating lineal descendants as beneficiaries of intestate estates).”

In Re Est. of Crosley, 384 So. 2d 274 (Fla. 4th DCA 1980). · cites it 4× “In due course, the trial court entered a summary final judgment determining that Jeannine was the first cousin once removed of the decedent and entitled to inherit her estate pursuant to Section 732.103(4), Florida Statutes (1977).”

Ramey v. Thomas, 382 So. 2d 78 (Fla. 5th DCA 1980). · cites it 2× “[6] § 732.103 Fla. Stat. (1979) (inheritance) and § 61.”

Davis v. Snyder, 681 So. 2d 1191 (Fla. 2d DCA 1996). · cites it 5× “This appeal presents the issue of whether a decedent's devise of her homestead to her granddaughter is exempt from forced sale under article X, section 4(b), Florida Constitution, when the decedent's adult son, entitled to take as heir by intestate succession under section…”

Traeger v. Credit First Nat. Ass'n, 864 So. 2d 1188 (Fla. 5th DCA 2004). · cites it 5× “§ 732.103, Fla. Stat. (2002). [3] The term "heirs" also includes devisees, and not just those people who would inherit under the intestacy statute at the death of decedent.”

Show all 49 citing cases →

— 732.103(1) — 13 cases

Snyder v. Davis, 699 So. 2d 999 (Fla. 1997). “See § 732.103, Fla. Stat. (1995). The court then certified *1000 the following question to be of great public importance: WHETHER ARTICLE X, SECTION 4, OF THE FLORIDA CONSTITUTION EXEMPTS FROM FORCED SALE A DEVISE OF A HOMESTEAD BY A DECEDENT NOT SURVIVED BY A SPOUSE OR MINOR…”

In Re Est. of Hamel, 821 So. 2d 1276 (Fla. 2d DCA 2002). “See § 732.103(1), Fla. Stat. (2000) (designating lineal descendants as beneficiaries of intestate estates).”

Bartelt v. Bartelt, 579 So. 2d 282 (Fla. 3d DCA 1991). “1st DCA 1987) (because decedent's "good friend" not recognized as an heir under § 732.103, homestead property devised to that "good friend" was not exempt from forced sale by decedent's creditors).”

Lorraine v. Grover, Ciment, Weinstein & Stauber, PA, 467 So. 2d 315 (Fla. 3d DCA 1985).

In Re Est. of Benson, 548 So. 2d 775 (Fla. 2d DCA 1989).

— 732.103(2) — 2 cases

Hess v. Hess, 758 So. 2d 1203 (Fla. 4th DCA 2000).

Dimitroff v. Taylor, 651 So. 2d 131 (Fla. 2d DCA 1995).

— 732.103(3) — 2 cases

In Re Est. of Benson, 548 So. 2d 775 (Fla. 2d DCA 1989).

Fagan v. Cramer, 877 So. 2d 945 (Fla. 4th DCA 2004).

— 732.103(4) — 1 case

In Re Est. of Crosley, 384 So. 2d 274 (Fla. 4th DCA 1980). “In due course, the trial court entered a summary final judgment determining that Jeannine was the first cousin once removed of the decedent and entitled to inherit her estate pursuant to Section 732.103(4), Florida Statutes (1977).”

— 732.103(4)(c) — 1 case

Faskowitz v. Dep't of Legal Affairs, 941 So. 2d 390 (Fla. 2d DCA 2006).

— 732.103(4)(e) — 1 case

Faskowitz v. Dep't of Legal Affairs, 941 So. 2d 390 (Fla. 2d DCA 2006).

— 732.103(5) — 8 cases

Cooper v. Ford & Sinclair, PA, 888 So. 2d 683 (Fla. 4th DCA 2004). “Section 732.103, Florida Statutes, provides the method of descent for intestate estates where there is no surviving spouse and section 732.”

Elson v. Vargas, 520 So. 2d 76 (Fla. 3d DCA 1988).

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