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Florida Statute 732.301 | Lawyer Caselaw & Research
F.S. 732.301 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 732.301

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.301
732.301 Pretermitted spouse.When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:
(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
(2) The spouse is provided for in the will; or
(3) The will discloses an intention not to make provision for the spouse.

The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.

History.s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87.
Note.Created from former s. 731.10.

F.S. 732.301 on Google Scholar

F.S. 732.301 on Casetext

Amendments to 732.301


Arrestable Offenses / Crimes under Fla. Stat. 732.301
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.301.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA PROBATE RULES- FAST- TRACK REPORT., 253 So. 3d 983 (Fla. 2018)

. . . . § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. . . .

GORDON, v. FISHMAN,, 253 So. 3d 1218 (Fla. App. Ct. 2018)

. . . surviving spouse to take an intestate share of decedent's estate as a pretermitted spouse under section 732.301 . . .

T. MOORE, v. ESTATE OF ALBEE, BY BENZENHAFER, A., 239 So. 3d 192 (Fla. App. Ct. 2018)

. . . Section 732.301, Florida Statutes (2016), "Pretermitted spouse," states: When a person marries after . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . . § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. . . .

BABCOCK, v. ESTATE OF L. BABCOCK, L., 995 So. 2d 1044 (Fla. Dist. Ct. App. 2008)

. . . . § 732.301, Fla. Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. . . .

R. SAUNDERS, v. J. SAUNDERS,, 796 So. 2d 1253 (Fla. Dist. Ct. App. 2001)

. . . an order denying her petition for an allocation of her share as a pretermitted spouse under section 732.301 . . . policy to protect pretermit-ted spouses, and misconstrues the proper effect of this section and section 732.301 . . . Lastly, Appellant’s argument that section 731.106(2) conflicts with, and is subordinate to, section 732.301 . . . non-domiciliary testator expressly chooses Florida law to dispose of his or her Florida property, section 732.301 . . . denied Appellant’s petition for an allocation of her share of the decedent’s property under section 732.301 . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 807 So. 2d 622 (Fla. 2001)

. . . . § 732.301, Fla. Stat. Pretermitted spouse. § 732.507, Fla. Stat. . . .

C. SMITH, v. OFFICE OF PERSONNEL MANAGEMENT,, 13 F. App'x 935 (Fed. Cir. 2001)

. . . . § 732.301 by sustaining the RAFB’s objection to Smith’s eligibility without an investigation or the . . . Finally, as for Smith’s contention that OPM violated 5 C.F.R. § 732.301, that provision does not apply . . .

MITTLEMAN, v. UNITED STATES, MITTLEMAN, v. UNITED STATES DEPARTMENT OF THE TREASURY, A. T. R. A, B, L. J. A. C. L. D. MITTLEMAN, v. B. KING, H., 997 F. Supp. 1 (D.C. Cir. 1998)

. . . . § 732.301 (1996) also is an applicable regulation which defendants violated. . . . Even if § 732.301 did apply, however, plaintiff has failed to provide any evidence that an adverse determination . . .

VIA, v. PUTNAM,, 656 So. 2d 460 (Fla. 1995)

. . . . § 732.301, Fla.Stat. (1993). . . . applies only “[w]hen a person marries after making a will and the spouse survives the testator.” § 732.301 . . . GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. . § 732.301, Fla.Stat. (1993) . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Adversary proceedings. ⅞⅛⅛ 732.301, Fla.Stat. Pretermitted spouse. 732.507, Fla.Stat. . . .

In ESTATE OF L. NOREM,, 561 So. 2d 434 (Fla. Dist. Ct. App. 1990)

. . . finding that the petitioner/appellant, Georgia Barnes Norem, is a pretermit-ted spouse under section 732.301 . . . Thereafter Georgia Norem filed a petition to be declared a pretermitted. spouse under section 732.301 . . . Estate of Ganier, 418 So.2d 256 (Fla.1982) the supreme court construed section 732.301 and explained . . . Additionally, we find issues of fact in the question of whether or not the provisions of section 732.301 . . .

In ESTATE OF F. SPANGENBERG. SPANGENBERG, v. K. TATE, F., 561 So. 2d 315 (Fla. Dist. Ct. App. 1990)

. . . Spangen-berg’s claim as a pretermitted spouse under section 732.301, Florida Statutes (1987). . . .

DELGADO, v. COTTA LOPEZ,, 546 So. 2d 1075 (Fla. Dist. Ct. App. 1989)

. . . declaring Joseph Maria’s surviving and pretermitted spouse in accordance with sections 732.201 and 732.301 . . .

In ESTATE OF GASPELIN, GASPELIN, v. GASPELIN, GASPELIN H. III, v. GASPELIN,, 542 So. 2d 1023 (Fla. Dist. Ct. App. 1989)

. . . of the probate court declaring Doris Daerr Gaspelin to be a pretermitted spouse pursuant to section 732.301 . . . Gaspelin is estopped to seek the protection of section 732.301, Florida Statutes (1985), because she . . . Florida Probate Code that suggests a spouse must abandon a claim as a pretermitted spouse under section 732.301 . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 732.301 Pretermitted spouse. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 732.301 Pretermitted spouse. . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . F.S. 732.301 Pretermitted spouse. . . .

ESTATE OF F. GANIER, v. ESTATE OF GANIER,, 418 So. 2d 256 (Fla. 1982)

. . . It requires a construction and interpretation of Florida’s pretermitted spouse statute, section 732.301 . . . For the following reasons, we approve the interpretation of section 732.301’s predecessor statute in . . . The district court, in a split decision, reversed, finding that section 732.301(2) requires only that . . . These sections are now codified as sections 732.301 and 732.507 of our current law. . . . Section 732.301(1) — (3) simply defines statutorily the “in contemplation of marriage” requirement. . . .

In ESTATE OF H. DUMAS, DUMAS, v. SANFORD, 413 So. 2d 58 (Fla. Dist. Ct. App. 1982)

. . . The applicable statute is section 732.301, Florida Statutes (1981), and it provides that a person who . . . When section 732.301, Pretermitted spouse, and section 732.102, Share of spouse> are read together there . . .

GANIER, DOOLAN, v. F. GANIER,, 402 So. 2d 418 (Fla. Dist. Ct. App. 1981)

. . . the lower court’s judgment declaring Frederic Ganier was a “pretermitted spouse” pursuant to section 732.301 . . . Section 732.301, Florida Statutes (1979). . . . Section 732.301(2) simply and clearly says it is not applicable if the claiming spouse is “provided for . . . Under a statute like section 732.301, a will which provides for the spouse is not revoked by the subsequent . . . The petition for administration valued the assets of Emma’s estate at less than $60,0t)0.00. . § 732.301 . . . section 8(d), section 5477(4)(d), Comp.Gen.Law Supp. was essentially the same as now found in section 732.301 . . . The wording of the California statute is remarkably similar to section 732.301, Florida Statutes (1977 . . . Now section -732.301, Florida Statutes (1979). . . . .

S. HOFFMAN, v. KOHNS, L., 385 So. 2d 1064 (Fla. Dist. Ct. App. 1980)

. . . The answer appears to lie in the application of Section 732.301, Florida Statutes (1975), which reads . . . : 732.301 Pretermitted spouse. — When a person marries after making a will and the spouse survives the . . .

B. SOLOMON, v. F. DUNLAP, 372 So. 2d 218 (Fla. Dist. Ct. App. 1979)

. . . , is entitled to receive one-half of the net intestate estate pursuant to the provisions of Section 732.301 . . .