Florida Statute 732.802 - 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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F.S. 732.802

732.802 Killer not entitled to receive property or other benefits by reason of victim’s death.—

(1) A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.

(2) Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of co-ownership with survivorship incidents.

(3) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent.

(4) Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section.

(5) A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.

(6) This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.

History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 1, ch. 82-71.

Note.—Created from former s. 731.31.

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Amendments to 732.802

Annotations, Discussions, Cases:

Cases Citing Statute 732.802

Total Results: 38

Burkett v. State

518 So. 2d 1363, 1988 WL 2632

District Court of Appeal of Florida | Filed: Jan 15, 1988 | Docket: 1778408

Cited 13 times | Published

that a "final judgment of conviction" under section 732.802, which precludes a convicted murderer from

Prudential Ins. Co. v. Baitinger

452 So. 2d 140

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 474323

Cited 13 times | Published

estate. Prudential appeals this order. Under section 732.802(3), Florida Statutes (1983), a named beneficiary

Nunez v. Gonzalez

456 So. 2d 1336

District Court of Appeal of Florida | Filed: Oct 12, 1984 | Docket: 1732050

Cited 8 times | Published

[2] Although subsections (3) and (5) of section 732.802, Florida Statutes (Supp. 1982), appear to bear

Hess v. Hess

758 So. 2d 1203, 2000 WL 628289

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1404148

Cited 7 times | Published

reasoned that under the probate code, only section 732.802(1), Florida Statutes (1999), provides "any

Clay v. Prudential Ins. Co. of America

617 So. 2d 433, 1993 WL 130964

District Court of Appeal of Florida | Filed: Apr 28, 1993 | Docket: 149736

Cited 6 times | Published

The insurer denied the claim, pointing to section 732.802, Florida Statutes (1985). Shortly thereafter

In Re Estate of Nunnelley

343 So. 2d 657

District Court of Appeal of Florida | Filed: Mar 4, 1977 | Docket: 1304079

Cited 6 times | Published

decedent shall not inherit from the decedent. Section 732.802, Florida Statutes. The statute is not applicable

Congleton v. Sansom

664 So. 2d 276, 20 Fla. L. Weekly Fed. D 2528

District Court of Appeal of Florida | Filed: Nov 16, 1995 | Docket: 1229762

Cited 5 times | Published

Mr. Smith a widower. The judgment invokes section 732.802, Florida Statutes (1991), the so-called "slayer

In Re Estate of Benson

548 So. 2d 775, 1989 WL 100491

District Court of Appeal of Florida | Filed: Sep 1, 1989 | Docket: 1333978

Cited 5 times | Published

reason of Florida's so-called "Slayer Statute," section 732.802(1), Florida Statutes (1985). This left appellant

Zabrani v. Riveron

495 So. 2d 1195, 11 Fla. L. Weekly 2034

District Court of Appeal of Florida | Filed: Sep 23, 1986 | Docket: 1748815

Cited 5 times | Published

the summary judgment. Affirmed. NOTES [1] Section 732.802(3), Florida Statutes (1983), provides that

Nable v. Estate of Godfrey

403 So. 2d 1038

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 1250644

Cited 5 times | Published

appeal and, therefore, we do not consider it. Section 732.802, Florida Statutes (1979) states: A person convicted

Simpson v. Simpson

473 So. 2d 299, 10 Fla. L. Weekly 1869

District Court of Appeal of Florida | Filed: Aug 6, 1985 | Docket: 2579393

Cited 3 times | Published

DISMISSED. NOTES [1] Appellant relies on section 732.802(2), Florida Statutes (1983) which provides

Estate of Shefner v. Shefner-Holden

2 So. 3d 1076, 2009 Fla. App. LEXIS 1042, 2009 WL 322153

District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 1138999

Cited 2 times | Published

validity, alleging undue influence, and that section 732.802, Florida Statutes (2004) (the "Slayer Statute")

Julia v. Russo

984 So. 2d 1283, 2008 WL 2596324

District Court of Appeal of Florida | Filed: Jul 2, 2008 | Docket: 1685796

Cited 2 times | Published

funds pursuant to Florida's Slayer Statute, section 732.802(2), Florida Statutes (2006).[1] If the Slayer

Anderson v. Anderson

468 So. 2d 528, 10 Fla. L. Weekly 1203

District Court of Appeal of Florida | Filed: May 14, 1985 | Docket: 2528074

Cited 2 times | Published

murder, the statute dealing with forfeiture, section 732.802, Florida Statutes (1981), stated in relevant

In Re Estate of Brumage

460 So. 2d 989, 10 Fla. L. Weekly 29

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 1766195

Cited 2 times | Published

assets of the estate under the provisions of section 732.802, Florida Statutes (1979). Furthermore, the

Fiel v. Hoffman

169 So. 3d 1274, 2015 Fla. App. LEXIS 11414, 2015 WL 4549604

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 60248848

Cited 1 times | Published

Ultimately, the court determined that based upon section 732.802, Florida Statutes (2012), the Slayer Statute

Barker v. Jackson National Life Insurance

888 F. Supp. 1131, 1995 U.S. Dist. LEXIS 8952, 1995 WL 374648

District Court, N.D. Florida | Filed: Jun 15, 1995 | Docket: 65997512

Cited 1 times | Published

Stacey Barker’s death (subject to divesting if Section 732.802(3), Florida Statutes, which prohibits a killer

Chatman v. Currie

606 So. 2d 454, 1992 Fla. App. LEXIS 10559, 1992 WL 276959

District Court of Appeal of Florida | Filed: Oct 9, 1992 | Docket: 64670682

Cited 1 times | Published

trial court further found that according to section 732.802(4), Florida Statutes, the insurance proceeds

Prudential Insurance Co. of America v. Marullo

774 F. Supp. 631, 1991 U.S. Dist. LEXIS 14698, 1991 WL 204361

District Court, S.D. Florida | Filed: Oct 9, 1991 | Docket: 1296375

Cited 1 times | Published

in light of Florida Statute § 732.802(3). 10. Florida Statute § 732.802(3) prohibits the beneficiary

Cohen v. Cohen

567 So. 2d 1015, 1990 WL 149809

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 1381510

Cited 1 times | Published

testator's estate pursuant to the provisions of Section 732.802(1), Florida Statutes (1989). The foregoing

In Re Estate of Howard

542 So. 2d 395, 1989 WL 35284

District Court of Appeal of Florida | Filed: Apr 7, 1989 | Docket: 468928

Cited 1 times | Published

sought to disqualify a murdering spouse under Section 732.802, Florida Statutes (1985). We affirm. In November

Capoccia v. Capoccia

505 So. 2d 624, 12 Fla. L. Weekly 1020

District Court of Appeal of Florida | Filed: Apr 14, 1987 | Docket: 1745810

Cited 1 times | Published

contention and affirm the trial court's judgment. Section 732.802(2), Florida Statutes (Supp. 1982), pertinent

McPhee v. Fairweather

444 So. 2d 464, 1983 Fla. App. LEXIS 25346

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 64602393

Cited 1 times | Published

The trial court found that by operation of section 732.802, Florida Statutes (1981), the decedent’s entire

Meredith Fiel and Lisa Fiel v. Douglas F. Hoffman, as Personal Representative of the Estate of Ben H. Novack, Jr., Narcy Novak, Marchelo Gaffney, Patrick Gaffney, May Azaleh Abad and Harvey E. Morse, P.A.

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679166

Published

Ultimately, the court determined that based upon section 732.802, Florida Statutes (2012), the Slayer Statute

Cosman v. Rodriguez

153 So. 3d 371, 2014 Fla. App. LEXIS 20367, 2014 WL 7156334

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616095

Published

status by operation of the “slayer statute,” section 732.802, Florida Statutes (2006), which prevents a

Carlton Fields, P.A. v. LoCascio

59 So. 3d 246, 2011 Fla. App. LEXIS 4327, 2011 WL 1137300

District Court of Appeal of Florida | Filed: Mar 30, 2011 | Docket: 60299646

Published

subordinating judgment are therefore reversed. . § 732.802, Fla. Stat. (2001). The Slayer Statute claims

LoCascio v. Sharpe

23 So. 3d 1209, 2009 Fla. App. LEXIS 16067, 2009 WL 3448111

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 60281962

Published

LoCascio: (1) Under the “slayer statute,” section 732.802 Florida Statutes (2001), Edward S. LoCascio

Barber v. Parrish

963 So. 2d 892, 2007 WL 2384521

District Court of Appeal of Florida | Filed: Aug 23, 2007 | Docket: 1697335

Published

first-degree murder was final pursuant to section 732.802(5), Florida Statutes (2003), we affirm. At

Donigan v. Nevins

785 So. 2d 573, 2001 Fla. App. LEXIS 4321, 2001 WL 321563

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 64805436

Published

as if the killer had predeceased the decedent. § 732.802(1), Fla.Stat. (1999). The trial judge determined

State, Department of Legal Affairs v. Rains

654 So. 2d 1254, 1995 Fla. App. LEXIS 5073, 1995 WL 277063

District Court of Appeal of Florida | Filed: May 12, 1995 | Docket: 64756367

Published

15 F.L.W. D2518 [567 So.2d 1015 (1990)] and F.S. 732.802(1) BILLIE JEAN RAINS no longer has any legal

Lopez v. Rodriguez

574 So. 2d 249, 1991 Fla. App. LEXIS 812, 1991 WL 11720

District Court of Appeal of Florida | Filed: Feb 5, 1991 | Docket: 64656321

Published

trial court dismissed those counts. Citing section 732.802(2), Florida Statutes (1989), Lopez contends-

Lynn v. Philadelphia American Life Insurance Co.

543 So. 2d 807, 14 Fla. L. Weekly 1121, 1989 Fla. App. LEXIS 2453, 1989 WL 45401

District Court of Appeal of Florida | Filed: May 3, 1989 | Docket: 64642707

Published

court found, pursuant to the prohibitions of section 732.802, Florida Statutes (1987), that appellant was

Baumer v. Howard

542 So. 2d 400, 14 Fla. L. Weekly 867, 1989 Fla. App. LEXIS 1885, 1989 WL 34576

District Court of Appeal of Florida | Filed: Apr 7, 1989 | Docket: 64642119

Published

that she was therefore disqualified under Section 732.802. The attorneys for the Howard children joined

Dodd v. AIG Life Insurance Co.

534 So. 2d 855, 13 Fla. L. Weekly 2620, 1988 Fla. App. LEXIS 5336, 1988 WL 128254

District Court of Appeal of Florida | Filed: Dec 5, 1988 | Docket: 64638927

Published

including her assertion of the applicability of Section 732.802, Florida Statutes, to this case and her contention

Brumage v. Kivi

460 So. 2d 989, 10 Fla. L. Weekly 29, 1984 Fla. App. LEXIS 16134

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 64608787

Published

assets of the estate under the provisions of section 732.802, Florida Statutes (1979). Furthermore, the

DiProspero v. Shelby Mutual Insurance

400 So. 2d 177, 1981 Fla. App. LEXIS 20337

District Court of Appeal of Florida | Filed: Jun 24, 1981 | Docket: 64583438

Published

determination was legally wrong based upon Section 732.802, Florida Statutes (1979), Ashwood v. Patterson

In re Estate of Yanowsky

384 So. 2d 1297, 1980 Fla. App. LEXIS 16242

District Court of Appeal of Florida | Filed: May 30, 1980 | Docket: 64576828

Published

one-half as if the other had survived. . . . . Section 732.802, Florida Statutes (1977), provides: A person

Nunnelley v. Sloan

343 So. 2d 657, 1977 Fla. App. LEXIS 15174

District Court of Appeal of Florida | Filed: Mar 4, 1977 | Docket: 64557612

Published

decedent shall not inherit from the decedent. Section 732.802, Florida Statutes. The statute is not applicable