Florida Statute 732.301 | Lawyer Caselaw & Research

The 2024 Florida Statutes (including 2025 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:

No results found for statute 732.301.