Florida Statutes
Fla. Stat. § 732.606 (2025)
Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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732.606 Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.—
(1) If specifically devised property is sold by a guardian of the property or if a condemnation award or insurance proceeds are paid to a guardian of the property, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if, subsequent to the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by 1 year. The right of the specific devisee under this subsection is reduced by any right described in subsection (2).
(2) A specific devisee has the right to the remaining specifically devised property and:
(a) Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus any security interest.
(b) Any amount of a condemnation award for the taking of the property unpaid at death.
(c) Any proceeds unpaid at death on fire or casualty insurance on the property.
(d) Property owned by the testator at death as a result of foreclosure, or obtained instead of foreclosure, of the security for the specifically devised obligation.
Notes of Decisions
Cited in 10
cases, 1976–2011 · leading case: Owen v. Wilson, 399 So. 2d 498 (Fla. 5th DCA 1981).
Owen v. Wilson, 399 So. 2d 498 (Fla. 5th DCA 1981). “The main issue is whether Florida's nonademption statute, section 732.606, Florida Statutes (1979), applies to a devise by a ward of a voluntary guardianship.”
In Re Est. of Jones, 472 So. 2d 1299 (Fla. 2d DCA 1985). “§ 732.606, Fla. Stat. (1981). When the statute applies, the testator's intent is irrelevant, Owen v.”
Est. of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981). “[9] If the specific legatee and the guardian were different individuals, the specific legatee could recover the misapplied assets from the guardian, or pursue a damage claim against him. Only if that fails should the question of ademption arise.”
Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011). “605 ("Change in securities"), section 732.606 ("Nonademption of specific devises"), section 732.”
Dobson v. Lawson, 370 So. 2d 1238 (Fla. 1st DCA 1979). “” This statute appears to control unless it is modified by the immediately preceding subsection (1) of § 732.606 which appellee contends is a restriction on the operation of subsection (2).”
Ott v. Ott, 418 So. 2d 460 (Fla. 1st DCA 1982). “In addition to a close reading of the literal wording 2 of the statute, resolution of this issue is aided by an examination of the background of section 732.606, Florida Statutes (1981).”
Melican v. Parker, 711 S.E.2d 628 (Ga. 2011). “Pursuant to Fla. Stat. § 732.606 (2)(a) (the "nonademption statute"), "[a] specific devisee has the right to the remaining specifically devised property and .”
Century Nat. Bank of Broward v. Bryan, 468 So. 2d 243 (Fla. 4th DCA 1985). “It is not as though entering upon such a proceeding locks a ward into this state of incapacity forever. If the ward eventually determines that he no longer needs or wants the assistance and supervision of a voluntary guardian and the court, he can petition the court to terminate…”
In re Cole's Est., 44 Fla. Supp. 153 (Fla. Cir. Ct., Palm Beach Cty. 1976). “The new Probate Act, §732.606, provides in part as follows — “ (1) If specifically devised property is sold by a guardian of the property for the care and maintenance of the ward, .”
Padgett v. Padgett, 547 So. 2d 342 (Fla. 1st DCA 1989). “Section 732.606 (Florida's nonademption statute) provides in part: (2) A specific devisee has the right to the remaining specifically devised property and: (a) Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus…”
— 732.606(1) — 3 cases
Owen v. Wilson, 399 So. 2d 498 (Fla. 5th DCA 1981). “The main issue is whether Florida's nonademption statute, section 732.606, Florida Statutes (1979), applies to a devise by a ward of a voluntary guardianship.”
Est. of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981). “[9] If the specific legatee and the guardian were different individuals, the specific legatee could recover the misapplied assets from the guardian, or pursue a damage claim against him. Only if that fails should the question of ademption arise.”
Century Nat. Bank of Broward v. Bryan, 468 So. 2d 243 (Fla. 4th DCA 1985). “It is not as though entering upon such a proceeding locks a ward into this state of incapacity forever. If the ward eventually determines that he no longer needs or wants the assistance and supervision of a voluntary guardian and the court, he can petition the court to terminate…”
— 732.606(2) — 1 case
Dobson v. Lawson, 370 So. 2d 1238 (Fla. 1st DCA 1979). “” This statute appears to control unless it is modified by the immediately preceding subsection (1) of § 732.606 which appellee contends is a restriction on the operation of subsection (2).”
— 732.606(2)(a) — 2 cases
Dobson v. Lawson, 370 So. 2d 1238 (Fla. 1st DCA 1979). “” This statute appears to control unless it is modified by the immediately preceding subsection (1) of § 732.606 which appellee contends is a restriction on the operation of subsection (2).”
Padgett v. Padgett, 547 So. 2d 342 (Fla. 1st DCA 1989). “Section 732.606 (Florida's nonademption statute) provides in part: (2) A specific devisee has the right to the remaining specifically devised property and: (a) Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus…”
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