Florida Statute 732.302 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.302

732.302 Pretermitted children.—When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testator’s property equivalent to a child’s part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless:

(1) It appears from the will that the omission was intentional; or

(2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.

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

History.—s. 1, ch. 74-106; s. 16, ch. 75-220; s. 958, ch. 97-102; s. 36, ch. 2001-226.

Note.—Created from former s. 731.11.

F.S. 732.302 on Google Scholar

F.S. 732.302 on Casetext

Amendments to 732.302

Arrestable Offenses / Crimes under Fla. Stat. 732.302

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.302.

Annotations, Discussions, Cases:

Cases Citing Statute 732.302

Total Results: 11

In Re: Amendments to Florida Probate Rules

Court: Fla. | Date Filed: 2024-07-03T00:00:00-07:00

Snippet: 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507

In RE: AMENDMENTS TO the FLORIDA PROBATE RULES-2018 FAST-TRACK REPORT.

Court: Fla. | Date Filed: 2018-09-27T00:00:00-07:00

Citation: 253 So. 3d 983

Snippet: 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507

Estate of Maher v. Iglikova

Court: Fla. Dist. Ct. App. | Date Filed: 2014-04-09T00:00:00-07:00

Citation: 138 So. 3d 484, 2014 WL 1386660, 2014 Fla. App. LEXIS 5251

Snippet: part by way of advancement. § 732.302, Fla. Stat. (2010). Section 732.302 specifically provides: When a….I. was not a pretermitted child under section 732.302, Florida Statutes (2010), because she was (1) not…class gift as a child of the decedent. Section 732.302 does not speak to the sufficiency or to the amount

In Re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2011-09-28T00:00:00-07:00

Citation: 73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Snippet: . § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: . § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla

Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: . § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla

Azcunce v. Estate of Azcunce

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-17T00:53:00-07:00

Citation: 586 So. 2d 1216

Snippet: obtained in accordance with § 733.805." Section 732.302, Florida Statutes (1985) (emphasis added). Without…pretermitted child was destroyed, pursuant to Section 732.302, Florida Statutes (1985), and she was no longer

Espinosa v. SPARBER, SHEVIN

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-17T00:53:00-07:00

Citation: 586 So. 2d 1221

Snippet: pretermitted child as provided for in Section 732.302, Florida Statutes (1985). Accordingly, Patricia

JEW v. Estate of Doe

Court: Fla. Dist. Ct. App. | Date Filed: 1983-12-15T23:53:00-08:00

Citation: 443 So. 2d 249

Snippet: Statutes section 732.302. Appellant reasons that the provisions of section 732.302 of the Florida Probate…section 732.302. Our holding does not conflict with the purpose of Florida Statutes section 732.302. The …;s Will. We disagree. Florida Statutes section 732.302 provides in pertinent part: When a testator omits…emphasis added). The unambiguous wording of section 732.302 is that a child born after the making of the testator

Estate of Ganier v. Estate of Ganier

Court: Fla. | Date Filed: 1982-07-29T00:53:00-07:00

Citation: 418 So. 2d 256

Snippet: shall inherit as set forth in ss. 732.301 and 732.302, regardless of the prior will." [6] This

Nettles v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1971-03-23T23:53:00-08:00

Citation: 248 So. 2d 259

Snippet: Miranda." People v. Ronald W., 1969, 24 N.Y.2d 732, 302 N.Y.S.2d 260, 262, 249 N.E.2d 882, 883. We believe