Florida Statute 733.805 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES

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F.S. 733.805

733.805 Order in which assets abate.—

(1) Funds or property designated by the will shall be used to pay debts, family allowance, exempt property, elective share charges, expenses of administration, and devises, to the extent the funds or property is sufficient. If no provision is made or the designated fund or property is insufficient, the funds and property of the estate shall be used for these purposes, and to raise the shares of a pretermitted spouse and children, except as otherwise provided in subsections (3) and (4), in the following order:

(a) Property passing by intestacy.

(b) Property devised to the residuary devisee or devisees.

(d) Property specifically or demonstratively devised.

(2) Demonstrative devises shall be classed as general devises upon the failure or insufficiency of funds or property out of which payment should be made, to the extent of the insufficiency. Devises to the decedent’s surviving spouse, given in satisfaction of, or instead of, the surviving spouse’s statutory rights in the estate, shall not abate until other devises of the same class are exhausted. Devises given for a valuable consideration shall abate with other devises of the same class only to the extent of the excess over the amount of value of the consideration until all others of the same class are exhausted. Except as herein provided, devises shall abate equally and ratably and without preference or priority as between real and personal property. When property that has been specifically devised or charged with a devise is sold or used by the personal representative, other devisees shall contribute according to their respective interests to the devisee whose devise has been sold or used. The amounts of the respective contributions shall be determined by the court and shall be paid or withheld before distribution is made.

(3) Section 733.817 shall be applied before this section is applied.

(4) In determining the contribution required under s. 733.607(2), subsections (1)-(3) of this section and s. 736.05053(2) shall be applied as if the beneficiaries of the estate and the beneficiaries of a trust described in s. 733.707(3), other than the estate or trust itself, were taking under a common instrument.

History.—s. 1, ch. 74-106; s. 88, ch. 75-220; s. 1, ch. 77-174; s. 1020, ch. 97-102; s. 156, ch. 2001-226; s. 38, ch. 2006-217.

Note.—Created from former s. 734.05.

F.S. 733.805 on Google Scholar

F.S. 733.805 on Casetext

Amendments to 733.805

Arrestable Offenses / Crimes under Fla. Stat. 733.805

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.805.

Annotations, Discussions, Cases:

Cases Citing Statute 733.805

Total Results: 20

Moore v. Estate of Flaire Mae Albee

Court: District Court of Appeal of Florida | Date Filed: 2018-02-19

Citation: 239 So. 3d 192

Snippet: spouse shall be obtained in accordance with s. 733.805. The language of this statute is the same

Estate of Maher v. Iglikova

Court: District Court of Appeal of Florida | Date Filed: 2014-04-09

Citation: 138 So. 3d 484, 2014 WL 1386660, 2014 Fla. App. LEXIS 5251

Snippet: child shall be obtained in accordance with s. 733.805. Additionally, a child legitimized by a determination

Geezil v. Savage

Court: District Court of Appeal of Florida | Date Filed: 2013-12-04

Citation: 127 So. 3d 867, 2013 WL 6246204, 2013 Fla. App. LEXIS 19298

Snippet: the order in which assets abate under section 733.805, Florida Statutes (2007), as well as the order

Basile v. Aldrich

Court: District Court of Appeal of Florida | Date Filed: 2011-08-23

Citation: 70 So. 3d 682, 2011 Fla. App. LEXIS 13243, 2011 WL 3696309

Snippet: 142 Fla. 88, 194 So. 343, 344 (1940). See also § 733.805, Fla. Stat. (2009) (setting forth the order in

LAURITSEN v. Wallace

Court: District Court of Appeal of Florida | Date Filed: 2011-04-01

Citation: 67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

Snippet: charges for debts, expenses, and taxes[.]" Section 733.805(1) provides that "[f]unds or property designated

Cutler v. Cutler

Court: District Court of Appeal of Florida | Date Filed: 2008-09-03

Citation: 994 So. 2d 341, 2008 WL 4057751

Snippet: provisions of Florida's abatement *349 statute, section 733.805, Florida Statutes (2003), a provision that applies

McEnderfer v. Keefe

Court: Supreme Court of Florida | Date Filed: 2006-01-19

Citation: 921 So. 2d 597, 2006 WL 129320

Snippet: RESIDUARY DEVISEES IN ACCORDANCE WITH SECTION 733.805, FLORIDA STATUTES? We have jurisdiction. See art

McKean v. Warburton

Court: Supreme Court of Florida | Date Filed: 2006-01-05

Citation: 919 So. 2d 341, 2005 WL 2155180

Snippet: RESIDUARY DEVISEES IN ACCORDANCE WITH SECTION 733.805, FLORIDA STATUTES? Warburton v. McKean, 877 So

Sheets v. Palmer

Court: District Court of Appeal of Florida | Date Filed: 2005-12-14

Citation: 917 So. 2d 246, 2005 WL 3403620

Snippet: expenses pursuant to sections 733.817(5)(a)1 and 733.805(1)(d), Florida Statutes (2003). Appellee responds

McEnderfer v. Keefe

Court: District Court of Appeal of Florida | Date Filed: 2005-04-22

Citation: 903 So. 2d 234, 2005 Fla. App. LEXIS 5535

Snippet: RESIDUARY DEVI-SEES IN ACCORDANCE WITH *238SECTION 733.805, FLORIDA STATUTES? Affirmed; question certified

Warburton v. McKean

Court: District Court of Appeal of Florida | Date Filed: 2004-06-09

Citation: 877 So. 2d 50, 2004 WL 1257519

Snippet: bequests are satisfied before residual bequests. § 733.805, Fla. Stat. (2002); In re Estate of Potter, 469

Via v. Putnam

Court: Supreme Court of Florida | Date Filed: 1995-06-08

Citation: 656 So. 2d 460, 1995 WL 337970

Snippet: spouse shall be obtained in accordance with s. 733.805. § 732.301, Fla. Stat. (1993). The foregoing history

Azcunce v. Estate of Azcunce

Court: District Court of Appeal of Florida | Date Filed: 1991-09-17

Citation: 586 So. 2d 1216, 1991 WL 181445

Snippet: pretermitted child shall be obtained in accordance with § 733.805." Section 732.302, Florida Statutes (1985) (emphasis

In re Estate of Lane

Court: District Court of Appeal of Florida | Date Filed: 1990-04-25

Citation: 562 So. 2d 352, 1990 Fla. App. LEXIS 2806, 1990 WL 49858

Snippet: unwarranted under section 733.106(4). Rather, section 733.805, Florida Statutes (1987), provides the guide for

In Re Estate of Lenahan

Court: District Court of Appeal of Florida | Date Filed: 1987-07-10

Citation: 511 So. 2d 365, 12 Fla. L. Weekly 1668

Snippet: (1934). III. Finally, the provisions of Sections 733.805 and 733.817, Florida Statutes (1981), relating

Hayes v. Estate of Hayes

Court: District Court of Appeal of Florida | Date Filed: 1985-12-11

Citation: 479 So. 2d 304, 10 Fla. L. Weekly 2749, 1985 Fla. App. LEXIS 17258

Snippet: distribution. Her basis for objection was section 733.805(2), Florida Statutes (1983), which provides for

In Re Estate of Potter

Court: District Court of Appeal of Florida | Date Filed: 1985-06-05

Citation: 469 So. 2d 957, 10 Fla. L. Weekly 1382, 1985 Fla. App. LEXIS 14338

Snippet: exposition is supported by the provisions of section 733.805, Florida Statutes (1983): (1) If a testator makes

Pfeifer v. Varner

Court: District Court of Appeal of Florida | Date Filed: 1984-09-19

Citation: 452 So. 2d 622

Snippet: contentions on this point are without merit. Section 733.805(1)[2] specifically excepts from its operation estate

Yoakley v. Raese

Court: District Court of Appeal of Florida | Date Filed: 1984-04-25

Citation: 448 So. 2d 632

Snippet: administration of the estate.[2] *634 The statute, Section 733.805(1), Florida Statutes (1981),[3] provided that such

Estate of Ganier v. Estate of Ganier

Court: Supreme Court of Florida | Date Filed: 1982-07-29

Citation: 418 So. 2d 256

Snippet: spouse shall be obtained in accordance with s. 733.805. At the hearing, Mr. Ganier testified that he and