Florida Statute 732.802 | 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. 732.802

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.

F.S. 732.802 on Google Scholar

F.S. 732.802 on Casetext

Amendments to 732.802

Arrestable Offenses / Crimes under Fla. Stat. 732.802

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.802.

Annotations, Discussions, Cases:

Cases Citing Statute 732.802

Total Results: 20

Fiel v. Hoffman

Court: District Court of Appeal of Florida | Date Filed: 2015-07-29

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

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

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.

Court: District Court of Appeal of Florida | Date Filed: 2015-07-29

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

Cosman v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 2014-12-17

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

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

Carlton Fields, P.A. v. LoCascio

Court: District Court of Appeal of Florida | Date Filed: 2011-03-30

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

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

LoCascio v. Sharpe

Court: District Court of Appeal of Florida | Date Filed: 2009-10-28

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

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

Estate of Shefner v. Shefner-Holden

Court: District Court of Appeal of Florida | Date Filed: 2009-02-11

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

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

Julia v. Russo

Court: District Court of Appeal of Florida | Date Filed: 2008-07-02

Citation: 984 So. 2d 1283, 2008 WL 2596324

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

Barber v. Parrish

Court: District Court of Appeal of Florida | Date Filed: 2007-08-23

Citation: 963 So. 2d 892, 2007 WL 2384521

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

Donigan v. Nevins

Court: District Court of Appeal of Florida | Date Filed: 2001-04-04

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

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

Hess v. Hess

Court: District Court of Appeal of Florida | Date Filed: 2000-05-17

Citation: 758 So. 2d 1203, 2000 WL 628289

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

Congleton v. Sansom

Court: District Court of Appeal of Florida | Date Filed: 1995-11-16

Citation: 664 So. 2d 276

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

State, Department of Legal Affairs v. Rains

Court: District Court of Appeal of Florida | Date Filed: 1995-05-12

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

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

Clay v. Prudential Ins. Co. of America

Court: District Court of Appeal of Florida | Date Filed: 1993-04-28

Citation: 617 So. 2d 433, 1993 WL 130964

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

Chatman v. Currie

Court: District Court of Appeal of Florida | Date Filed: 1992-10-09

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

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

Lopez v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 1991-02-05

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

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

Cohen v. Cohen

Court: District Court of Appeal of Florida | Date Filed: 1990-10-09

Citation: 567 So. 2d 1015, 1990 WL 149809

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

In Re Estate of Benson

Court: District Court of Appeal of Florida | Date Filed: 1989-09-01

Citation: 548 So. 2d 775, 1989 WL 100491

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

Lynn v. Philadelphia American Life Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1989-05-03

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

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

Baumer v. Howard

Court: District Court of Appeal of Florida | Date Filed: 1989-04-07

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

Snippet: killed her husband, thus disqualifying her under 732.802, Florida Statutes (1985), from benefiting from

In Re Estate of Howard

Court: District Court of Appeal of Florida | Date Filed: 1989-04-07

Citation: 542 So. 2d 395, 1989 WL 35284

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