Florida Statute 732.403 | 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. 732.403

732.403 Family allowance.—In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedent’s lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. The court may order this allowance to be paid as a lump sum or in periodic installments. The allowance shall not exceed a total of $18,000. It shall be paid to the surviving spouse, if living, for the use of the spouse and dependent lineal heirs. If the surviving spouse is not living, it shall be paid to the lineal heirs or to the persons having their care and custody. If any lineal heir is not living with the surviving spouse, the allowance may be made partly to the lineal heir or guardian or other person having the heir’s care and custody and partly to the surviving spouse, as the needs of the dependent heir and the surviving spouse appear. The family allowance is not chargeable against any benefit or share otherwise passing to the surviving spouse or to the dependent lineal heirs, unless the will otherwise provides. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. For purposes of this section, the term “lineal heir” or “lineal heirs” means lineal ascendants and lineal descendants of the decedent.

History.—s. 1, ch. 74-106; s. 19, ch. 75-220; s. 960, ch. 97-102; s. 40, ch. 2001-226.

Note.—Created from former s. 733.20.

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F.S. 732.403 on Casetext

Amendments to 732.403

Arrestable Offenses / Crimes under Fla. Stat. 732.403

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.403.

Annotations, Discussions, Cases:

Cases Citing Statute 732.403

Total Results: 13

Dinkins v. Dinkins

Court: District Court of Appeal of Florida | Date Filed: 2013-07-26

Citation: 120 So. 3d 601, 2013 WL 3834371, 2013 Fla. App. LEXIS 11732

Snippet: 201-.2155, Fla. Stat.; and family allowance, § 732.403.

Cutler v. Cutler

Court: District Court of Appeal of Florida | Date Filed: 2008-09-03

Citation: 994 So. 2d 341, 2008 WL 4057751

Snippet: ordered be paid to Judy. Id. at 695; see also § 732.403, Fla. Stat. (2004). Judy moved to compel the transfer

Valdes v. Estate of Valdes

Court: District Court of Appeal of Florida | Date Filed: 2005-11-02

Citation: 913 So. 2d 1229, 2005 Fla. App. LEXIS 17214, 2005 WL 2861179

Snippet: decedent, Amado Luis Valdes, pursuant to section 732.403 of the Florida Statutes (2003). We have jurisdiction

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

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

Snippet: 731.104, Fla. Stat. Verification of documents. § 732,403, Fla. Stat. Family allowance. Rule References Fla

Hoyt v. Hoyt

Court: District Court of Appeal of Florida | Date Filed: 2002-05-03

Citation: 814 So. 2d 1254, 2002 Fla. App. LEXIS 6034, 2002 WL 851295

Snippet: family allowance of $6000 pursuant to section 732.403, Florida Statutes (1995). Jeffrey Hoyt opposed

Tagliabue v. Fraser

Court: District Court of Appeal of Florida | Date Filed: 1991-03-14

Citation: 576 So. 2d 401, 1991 Fla. App. LEXIS 2202, 1991 WL 33010

Snippet: for the ward pursuant to sections 732.201 and 732.403, Florida Statutes, against the deceased wife’s

DeSmidt v. DeSmidt

Court: District Court of Appeal of Florida | Date Filed: 1990-06-22

Citation: 563 So. 2d 193, 1990 WL 84422

Snippet: from her husband's estate pursuant to section 732.403, Florida Statutes (1987). The copersonal representatives

Shriners Hospitals for Crippled Children v. Zrillic

Court: Supreme Court of Florida | Date Filed: 1990-05-31

Citation: 563 So. 2d 64, 1990 WL 74588

Snippet: Fla. Stat. (1985), and a family allowance, § 732.403, Fla. Stat. (1985). The Probate Code also protects

Paredes v. McLucas

Court: District Court of Appeal of Florida | Date Filed: 1990-05-17

Citation: 561 So. 2d 439, 1990 Fla. App. LEXIS 3490, 1990 WL 64114

Snippet: (F.S.A. 732.402), and family allowance (F.S.A. 732.403). See F.S.A. 732.208.” L. Jeffries, Redfearn Wills

Estate of Sage v. Sage

Court: District Court of Appeal of Florida | Date Filed: 1987-11-18

Citation: 515 So. 2d 1324, 12 Fla. L. Weekly 2659, 1987 Fla. App. LEXIS 11106, 1987 WL 1686

Snippet: for family allowance, as authorized by section 732.403, Florida Statutes (1985). Appellee is the surviving

Killings ex rel. Burks v. Estate of Burks

Court: District Court of Appeal of Florida | Date Filed: 1985-08-09

Citation: 473 So. 2d 827, 10 Fla. L. Weekly 1908, 1985 Fla. App. LEXIS 15192

Snippet: Constitution, and to the family allowance under s. 732.-403, the surviving spouse of a decedent who was domiciled

Flagship Nat. Bank of Miami v. King

Court: District Court of Appeal of Florida | Date Filed: 1982-06-29

Citation: 418 So. 2d 275

Snippet: claimed the right to a family allowance, Sec. 732.403, Fla. Stat. (1979), and an elective share of her

In Re Estate of Reed

Court: Supreme Court of Florida | Date Filed: 1978-01-12

Citation: 354 So. 2d 864

Snippet: longer makes a sex-based classification, Section 732.403, Florida Statutes (1975); but the 1973 statute