Florida Statutes

Fla. Stat. § 733.803 (2025)

Encumbered property; liability for payment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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733.803 Encumbered property; liability for payment.—The specific devisee of any encumbered property shall be entitled to have the encumbrance on devised property paid at the expense of the residue of the estate only when the will shows that intent. A general direction in the will to pay debts does not show that intent.

History.—s. 1, ch. 74-106; s. 86, ch. 75-220; s. 155, ch. 2001-226.

Note.—Created from former s. 734.051.

Notes of Decisions

Cited in 2 cases, 1984–2008 · leading case: In re the Est. of Sterner, 450 So. 2d 1256 (Fla. 4th DCA 1984).

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In re the Est. of Sterner, 450 So. 2d 1256 (Fla. 4th DCA 1984). · cites it 2× “Section 733.803, Florida Statutes (1983), provides: The specific devisee of any encumbered property shall be entitled to have the encumbrance on devised property paid at the expense of the residue of the estate only when the will shows such an intent.”

Woodward v. Smith, 978 So. 2d 865 (Fla. 2d DCA 2008). · cites it 4× “Section 733.803, Florida Statutes (2002), provides that “[t]he specific devisee of any encumbered property shall be entitled to have the encumbrance on devised property *867 paid at the expense of the residue of the estate only when the will shows that intent ” and that “[a]…”

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