732.302

Pretermitted children.

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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.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1983–2024 · leading case: Ankrom v. State

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Ankrom v. State (2013) ala “12, §§ 301, 310 (2007); Fla. Stat. Ann. § 732.302 (2010); Ga. Code Ann.”

Espinosa v. SPARBER, SHEVIN (1991) fladistctapp · cites it 2× “or's intent was not reflected in the face of the will and, knowing that, the draftsman of the second codicil, acting as the testator's attorney, allowed the testator to sign the second codicil knowing that it specifically republished the testator's original will and first…”

Azcunce v. Estate of Azcunce (1991) fladistctapp · cites it 4× “" Section 732.302, Florida Statutes (1985) (emphasis added).”

Amendments to the Florida Probate Rules (2003) fla · cites it 2× “§ 732.302, Fla. Stat. Pretermitted children.”

In Re Amendments to the Florida Probate Rules (2011) fla · cites it 2× “§ 732.302, Fla. Stat. Pretermitted children.”

JEW v. Estate of Doe (1983) fladistctapp · cites it 6× “is a pretermitted child within the purview of Florida Statutes section 732.302. Appellant reasons that the provisions of section 732.”

In Re Amend. to Florida Probate Rules (2008) fla · cites it 2× “§ 732.302, Fla. Stat. Pretermitted children.”

Estate of Maher v. Iglikova (2014) fladistctapp · cites it 6× “§ 732.302, Fla. Stat. (2010). Section 732.”

In RE: AMENDMENTS TO the FLORIDA PROBATE RULES-2018 FAST-TRACK REPORT. (2018) fla · cites it 2× “§ 732.302, Fla. Stat. Pretermitted children.”

In Re: Amendments to Florida Probate Rules (2024) fla · cites it 2× “§ 732.302, Fla. Stat. Pretermitted children.”

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