Florida Statute 732.609 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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732.609 Ademption by satisfaction.—Property that a testator gave to a person in the testator’s lifetime is treated as a satisfaction of a devise to that person, in whole or in part, only if the will provides for deduction of the lifetime gift, the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purposes of part satisfaction, property given during the testator’s lifetime is valued at the time the devisee came into possession or enjoyment of the property or at the time of the death of the testator, whichever occurs first.

History.—s. 1, ch. 74-106; s. 38, ch. 75-220.

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Amendments to 732.609

Annotations, Discussions, Cases:

Cases Citing Statute 732.609

Total Results: 3 | Sort by: Relevance | Newest First

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Shinn v. Schneider, 549 So. 2d 194 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 1137, 1989 Fla. App. LEXIS 2555, 1989 WL 47191

...same 1801 property referred to in the will. Roy now contends that his one-half share in the residuary estate should not be diminished proportionately by reason of his receipt of the 1801 property prior to her death. The outcome here is controlled by section 732.609, Florida Statutes (1987) which provides: Ademption by satisfaction....

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Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011).

Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13243, 2011 WL 3696309

...32.604 ("Failure of testamentary provision"), section 732.605 ("Change in securities"), section 732.606 ("Nonademption of specific devises"), section 732.607 ("Exercise of power of appointment"), section 732.608 ("Construction of generic terms") and section 732.609 ("Ademption by satisfaction"))....

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Schneider v. Shinn, 636 So. 2d 110 (Fla. 3d DCA 1994).

Published | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 3376, 1994 WL 123565

...the mortgage, for reasons previously stated. On the cross appeal, we conclude that the trial court erred in setting a fair market value of $200,000 for the subject property at the time of the conveyance to the son; the correct valuation should have been $270,000. § 732.609, Fla....

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