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: Fla. Dist. Ct. App. | Date Filed: 2018-02-18T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-04-09T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2013-12-04T00:00:00-08:00

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 … the order in which assets abate under section 733.805 as well as the order of the payment of expenses

Basile v. Aldrich

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-23T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2011-04-01T00:00:00-07:00

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

Snippet: for debts, expenses, and taxes[.]" Section 733.805(1) provides that "[f]unds or property designated…forth a priority scheme on how devises abate. § 733.805, Fla. Stat. (2007). Section 733.707(1) provides

Cutler v. Cutler

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-03T00:53:00-07:00

Citation: 994 So. 2d 341

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

McEnderfer v. Keefe

Court: Fla. | Date Filed: 2006-01-18T23:53:00-08:00

Citation: 921 So. 2d 597

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

McKean v. Warburton

Court: Fla. | Date Filed: 2006-01-04T23:53:00-08:00

Citation: 919 So. 2d 341

Snippet: RESIDUARY DEVISEES IN ACCORDANCE WITH SECTION 733.805, FLORIDA STATUTES? Warburton v. McKean, 877 So.2d…general devises under the will. Relying on section 733.805, Florida Statutes (2004),[4] the Fourth District…including the $141,000, in accordance with section 733.805 and found that the residuary gift abated or failed…740 So.2d 594 (Fla. 3d DCA 1999). [4] Section 733.805(1), Florida Statutes (2004), provides that funds

Sheets v. Palmer

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-13T23:53:00-08:00

Citation: 917 So. 2d 246

Snippet: expenses pursuant to sections 733.817(5)(a)1 and 733.805(1)(d), Florida Statutes (2003). Appellee responds…estate taxes and administrative expenses. See §§ 733.805(1)(d) & 733.817(1)(a), Fla. Stat. (1995

McEnderfer v. Keefe

Court: Fla. Dist. Ct. App. | Date Filed: 2005-04-22T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2004-06-09T00:53:00-07:00

Citation: 877 So. 2d 50

Snippet: bequests are satisfied before residual bequests. § 733.805, Fla. Stat. (2002); In re Estate of Potter, 469… RESIDUARY DEVISEES IN ACCORDANCE WITH SECTION 733.805, FLORIDA STATUTES? REVERSED and REMANDED. FARMER

Via v. Putnam

Court: Fla. | Date Filed: 1995-06-08T00:53:00-07:00

Citation: 656 So. 2d 460

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: Fla. Dist. Ct. App. | Date Filed: 1991-09-17T00:53:00-07:00

Citation: 586 So. 2d 1216

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

In re Estate of Lane

Court: Fla. Dist. Ct. App. | Date Filed: 1990-04-25T00:00:00-07:00

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…residuary portion of the estate pursuant to section 733.805(1), Florida Statutes (1987). See In re Griffis,… should be assessed in accordance with section 733.805, Florida Statutes (1987). The final judgment is

In Re Estate of Lenahan

Court: Fla. Dist. Ct. App. | Date Filed: 1987-07-10T00:53:00-07:00

Citation: 511 So. 2d 365

Snippet: 1934). III. Finally, the provisions of Sections 733.805 and 733.817, Florida Statutes (1981), relating … are inapplicable to the instant case. Section 733.805(1) provides that if the testator makes provision

Hayes v. Estate of Hayes

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-11T00:00:00-08:00

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…of distribution. She claimed that under section 733.805(2), she was entitled to the entire remaining distributable…objections and this timely appeal followed. Section 733.805(2) grants preferential treatment to a surviving…devise does not come within the purview of section 733.805(2), but instead abates ratably along with the other

In Re Estate of Potter

Court: Fla. Dist. Ct. App. | Date Filed: 1985-06-05T00:53:00-07:00

Citation: 469 So. 2d 957

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

Pfeifer v. Varner

Court: Fla. Dist. Ct. App. | Date Filed: 1984-09-19T00:53:00-07:00

Citation: 452 So. 2d 622

Snippet: contentions on this point are without merit. Section 733.805(1)[2] specifically excepts from its operation estate…$86,068.73) in respect to that interest. [2] § 733.805(1) (1) If a testator makes provision by his will

Yoakley v. Raese

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-24T23:53:00-08:00

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…Section 733.817, read in conjunction with Section 733.805. We reverse and remand Case Nos. 81-1949 and 82…provisions of a Florida Statute, specifically section 733.805, entitled "Order in which assets are appropriated…intent as expressed in her will and trust. Section 733.805, as the title suggests, provides a list of the …provided for the payment of such taxes, section 733.805 simply does not apply. Why invoke a statute that

Estate of Ganier v. Estate of Ganier

Court: Fla. | Date Filed: 1982-07-29T00:53:00-07:00

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