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Florida Statute 732.302 | Lawyer Caselaw & Research
F.S. 732.302 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 732.302

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. 732.302
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 from cite.case.law:

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

. . . . § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla. Stat. . . .

ESTATE OF P. MAHER, III, v. IGLIKOVA,, 138 So. 3d 484 (Fla. Dist. Ct. App. 2014)

. . . filed a motion for summary judgment, asserting that A.M.I. was not a pretermitted child under section 732.302 . . . not received a part of the testator’s property equivalent to a child’s part by way of advancement. § 732.302 . . . Section 732.302 specifically provides: When a testator omits to provide by will for any of his or her . . . Section 732.302 does not speak to the sufficiency or to the amount of the child’s beneficial interest . . .

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

. . . . § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla. Stat. . . .

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

. . . . § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla. Stat. . . .

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

. . . . § 732.302, Fla. Stat. Pretermitted children. § 732.507, Fla. Stat. . . .

AZCUNCE, a R. v. ESTATE OF R. AZCUNCE,, 586 So. 2d 1216 (Fla. Dist. Ct. App. 1991)

. . . republish the original will, her status as a pretermitted child was destroyed, pursuant to Section 732.302 . . . Section 732.302, Florida Statutes (1985) (emphasis added). . . .

ESPINOSA, v. SPARBER, SHEVIN, SHAPO, ROSEN HEILBRONNER,, 586 So. 2d 1221 (Fla. Dist. Ct. App. 1991)

. . . thereby eliminating Patricia’s chances to be protected as a pretermitted child as provided for in Section 732.302 . . .

J. E. W. v. ESTATE OF DOE,, 443 So. 2d 249 (Fla. Dist. Ct. App. 1983)

. . . appellant argues that J.E.W. is a pretermitted child within the purview of Florida Statutes section 732.302 . . . Appellant reasons that the provisions of section 732.302 of the Florida Probate Code are applicable to . . . Florida Statutes section 732.302 provides in pertinent part: When a testator omits to provide in his . . . The unambiguous wording of section 732.302 is that a child born after the making of the testator’s Will . . . Our holding does not conflict with the purpose of Florida Statutes section 732.302. . . .

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

. . . will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 732.301 and 732.302 . . .