Florida Statute 732.108 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.108

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.

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.

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Amendments to 732.108

Annotations, Discussions, Cases:

Cases Citing Statute 732.108

Total Results: 42

Gammon v. Cobb

335 So. 2d 261

Supreme Court of Florida | Filed: Jun 30, 1976 | Docket: 1711258

Cited 59 times | Published

in case of intestacy under the provisions of § 732.108(2), Florida Statutes, which provides: "For the

STATE DEPT. OF HEALTH, ETC. v. West

378 So. 2d 1220

Supreme Court of Florida | Filed: Dec 20, 1979 | Docket: 1795118

Cited 32 times | Published

not proved until after the father's death. Section 732.108(2)(b), Florida Statutes (1977). [*] There

In Re Guardianship of DA McW.

429 So. 2d 699

District Court of Appeal of Florida | Filed: Feb 2, 1983 | Docket: 1221439

Cited 21 times | Published

either before or after the father's death. See § 732.108(2), Fla. Stat. [3] We recognize that other courts

Baker v. Sullivan

880 F.2d 319

Court of Appeals for the Eleventh Circuit | Filed: Aug 10, 1989 | Docket: 820984

Cited 14 times | Published

17 Florida Statute section 732.108 governs intestate succession and the inheritance

Lewis v. Green

389 So. 2d 235, 11 A.L.R. 4th 927

District Court of Appeal of Florida | Filed: Sep 24, 1980 | Docket: 1683038

Cited 13 times | Published

the other members of the adopting family. Section 732.108(1), Florida Statutes (1979), provides: For

Achumba v. Neustein

793 So. 2d 1013, 26 Fla. L. Weekly Fed. D 1659

District Court of Appeal of Florida | Filed: Jul 6, 2001 | Docket: 279512

Cited 9 times | Published

the Child?, 24 Stetson L.Rev. 809 (1995). [1] § 732.108(2)(b), Fla. Stat. (1985). [2] § 768.18(1), Fla

In Re Estate of Robertson

520 So. 2d 99, 13 Fla. L. Weekly 473, 1988 Fla. App. LEXIS 577, 1988 WL 10212

District Court of Appeal of Florida | Filed: Feb 17, 1988 | Docket: 1300515

Cited 7 times | Published

the natural kindred of the deceased" under section 732.108(2)(b), Florida Statutes (1985), because Linda

In Re Estate of Burris

361 So. 2d 152

Supreme Court of Florida | Filed: Jul 20, 1978 | Docket: 1685825

Cited 7 times | Published

[4] This new statutory *156 modification, Section 732.108, Florida Statutes (1977), did not take effect

In Re Estate of Odom

397 So. 2d 420

District Court of Appeal of Florida | Filed: Apr 24, 1981 | Docket: 1706778

Cited 6 times | Published

for appellee. CAMPBELL, Judge. Pursuant to section 732.108(2)(b), Florida Statutes (1979), appellant Donna

Ljr v. Tt

739 So. 2d 1283, 1999 WL 743565

District Court of Appeal of Florida | Filed: Sep 14, 1999 | Docket: 1688742

Cited 5 times | Published

ineligible to inherit from father by intestacy); § 732.108, Fla.Stat. (1997). [3] Alternatively, T.T. might

Bell v. Setzer

375 So. 2d 61

District Court of Appeal of Florida | Filed: Sep 26, 1979 | Docket: 1352734

Cited 5 times | Published

paternity suit does abate the cause of action. Section 732.108(2)(b), Florida Statutes (1977), states that

Gs v. Tb

985 So. 2d 978, 33 Fla. L. Weekly Supp. 325, 2008 Fla. LEXIS 1243

Supreme Court of Florida | Filed: May 22, 2008 | Docket: 1673428

Cited 4 times | Published

the adoptive parent is injured or killed. See § 732.108, Fla. Stat. (2005). Moreover, Ailish O'Connor

G.S. v. T.B.

985 So. 2d 978

Supreme Court of Florida | Filed: May 22, 2008 | Docket: 64855184

Cited 2 times | Published

the adoptive parent is injured or killed. See § 732.108, Fla. Stat. (2005). Moreover, Ailish O’Connor

Glover v. Miller

947 So. 2d 1254, 2007 WL 247899

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 2516301

Cited 2 times | Published

decedent's heirs and thus intestate succession. Section 732.108, Florida Statutes (2006) provides: (1) For

Huskea's Estate v. Doody

391 So. 2d 779

District Court of Appeal of Florida | Filed: Dec 31, 1980 | Docket: 1653650

Cited 2 times | Published

would require a retrospective application of Section 732.108(1), Florida Statutes (1979), which was in effect

Doe v. SUNTRUST BANK

32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1662508

Cited 1 times | Published

Madelin filed a second motion, this time citing section 732.108(2)(b), Florida Statutes (2005),4 which recognizes

Simpson v. Estate of Norton

949 So. 2d 262, 2007 WL 397463

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 1720086

Cited 1 times | Published

for the estate did not provide proof under section 732.108, Florida Statutes, for heirs born out of wedlock

Sanders Ex Rel. Wakefield v. Apfel

85 F. Supp. 2d 1275, 1999 U.S. Dist. LEXIS 21585, 1999 WL 1447454

District Court, M.D. Florida | Filed: Dec 30, 1999 | Docket: 2367902

Cited 1 times | Published

out of wedlock is governed by Florida Statutes § 732.108(2), which in 1994 provided as follows: (2) For

Williams v. Estate of Pender

738 So. 2d 453, 1999 Fla. App. LEXIS 10064, 1999 WL 533789

District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 1503138

Cited 1 times | Published

the trial court apparently did not consider section 732.108(2)(b) which provides that a person born out

Breedlove v. Estate of Breedlove

586 So. 2d 466, 1991 WL 187306

District Court of Appeal of Florida | Filed: Sep 23, 1991 | Docket: 1488071

Cited 1 times | Published

a lineal descendant within the meaning of section 732.108, Florida Statutes (1989). The court considered

Atwell v. Sacred Heart Hosp. of Pensacola

520 So. 2d 30, 13 Fla. L. Weekly 90, 1988 Fla. LEXIS 168, 1988 WL 10271

Supreme Court of Florida | Filed: Feb 11, 1988 | Docket: 1300330

Cited 1 times | Published

to allow Atwell to enlist in the Army. [2] Section 732.108(2), Florida Statutes (1985), makes children

Kay v. Swartz

506 So. 2d 1101, 12 Fla. L. Weekly 1161, 1987 Fla. App. LEXIS 8081

District Court of Appeal of Florida | Filed: May 5, 1987 | Docket: 64626996

Cited 1 times | Published

63.172(2)) and the Florida Probate Code (F.S. § 732.108(l)(b)), which provide that a child shall be entitled

Tenopir v. Boles Estate

342 So. 2d 130

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 421638

Cited 1 times | Published

Fla. Stat. 1973, was a part; that now under § 732.108, Fla. Stat. 1975, (the new code) no written acknowledgment

JOHN TAULBEE and ANN TAULBEE, etc. v. AMY JEANNE KOZEL, etc.

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738037

Published

adoption on intestate succession. See § 732.108, Fla. Stat (2021).

Kathleen Steele v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit | Filed: Oct 12, 2022 | Docket: 65418002

Published

proceeding). An- other provision, Florida Statute § 732.108(2), applies to “persons born out of wedlock

DR. MARC BIVINS v. CHARLES W. DOUGLAS, etc.

District Court of Appeal of Florida | Filed: Oct 20, 2021 | Docket: 60660124

Published

8 cite to section 732.108(2)(a) of the Florida Statutes, which states

Dixon v. Dixon Bellamy

252 So. 3d 349

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511608

Published

cause of action in the 2009 amendment to section 732.108(2)(b), Florida Statutes. The trial court granted

Rose v. Sonson

208 So. 3d 136, 2016 Fla. App. LEXIS 13408

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 4419696

Published

limitations; second, because the 2009 amendment to section 732.108(2)(b) of the Florida statutes, which eliminated

Rocke v. American Research Bureau

184 So. 3d 1221, 2016 Fla. App. LEXIS 698, 2016 WL 231149

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029526

Published

an intestate succession plan pursuant, to section 732.108, Florida Statutes (2006). Ms. -Rocke then initiated

Fagan v. Cramer

877 So. 2d 945, 2004 Fla. App. LEXIS 11235, 2004 WL 1672412

District Court of Appeal of Florida | Filed: Jul 28, 2004 | Docket: 64831872

Published

evidence to comply with the requirements of section 732.108(2), Florida Statutes (2000), and that her affidavits

Thurston v. Thurston

777 So. 2d 1001, 2000 Fla. App. LEXIS 16357, 2000 WL 1838640

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 64803586

Published

determination that she was a lineal descendant under section 732.108(2)(a), Florida Statutes (1995),1 and a beneficiary

L.J.R. v. T.T.

739 So. 2d 1283, 1999 Fla. App. LEXIS 12179

District Court of Appeal of Florida | Filed: Sep 14, 1999 | Docket: 64790540

Published

ineligible to inherit from father by intestacy); § 732.108, Fla.Stat. (1997). Alternatively, T.T. might

Holmen v. Holmen ex rel. Rahn

697 So. 2d 866, 1997 Fla. App. LEXIS 5820, 1997 WL 280615

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64775277

Published

purposes of intestate succession pursuant to section 732.108, Florida Statutes (1995). Appellants contend

Wilson v. Scruggs

685 So. 2d 1206

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 64770227

Published

bringing a paternity action in probate under section 732.108(2)(b), Florida Statutes (1991), for the purpose

Scruggs v. Wilson

640 So. 2d 1152, 1994 Fla. App. LEXIS 6315, 1994 WL 284113

District Court of Appeal of Florida | Filed: Jun 29, 1994 | Docket: 64750028

Published

adjudication before or after the death of the father.” § 732.108(2)(b), Fla.Stat. (1991) (e.s.). Prior to the effective

Baker ex rel. Baker v. Sullivan

880 F.2d 319, 1989 U.S. App. LEXIS 11868

Court of Appeals for the Eleventh Circuit | Filed: Aug 10, 1989 | Docket: 66246442

Published

U.S.C. A. § 416(h)(2)(A). Florida Statute section 732.108 governs intestate succession and the inheritance

King v. Estate of Anderson

519 So. 2d 67, 13 Fla. L. Weekly 296, 1988 Fla. App. LEXIS 297, 1988 WL 4391

District Court of Appeal of Florida | Filed: Jan 28, 1988 | Docket: 64632201

Published

estate as an illegitimate heir, pursuant to section 732.108(2), Florida Statutes. The trial court correctly

Harris v. Byard

501 So. 2d 730, 12 Fla. L. Weekly 429, 1987 Fla. App. LEXIS 6571

District Court of Appeal of Florida | Filed: Jan 30, 1987 | Docket: 64624684

Published

response further alleged that pursuant to section 732.108(2), Florida Statutes (1985), all the minor

Brown v. Johnson

425 So. 2d 23, 1982 Fla. App. LEXIS 22250

District Court of Appeal of Florida | Filed: Oct 27, 1982 | Docket: 64594621

Published

satisfies the acknowledgment requirement of Section 732.108(2)(c), Florida Statutes (1979). The pertinent

Mooney v. Mooney

395 So. 2d 608, 1981 Fla. App. LEXIS 19029

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 64581149

Published

father. The probate court further found that if section 732.108, Florida Statutes (1979), was applied to deprive

Wilburn v. Donoyan

393 So. 2d 615, 1981 Fla. App. LEXIS 19444

District Court of Appeal of Florida | Filed: Feb 6, 1981 | Docket: 64580188

Published

the trial judge, before whom it was urged that § 732.108, Florida Statutes, was unconstitutional in that

Turner v. Weeks

384 So. 2d 193, 1980 Fla. App. LEXIS 16151

District Court of Appeal of Florida | Filed: May 16, 1980 | Docket: 64576450

Published

succession. Moreover, there is another statute, Section 732.108, Florida Statutes (1979), which deals with