Florida Statute 732.102 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.102

732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:

(1) If there is no surviving descendant of the decedent, the entire intestate estate.

(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.

(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.

(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

History.—s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226; s. 5, ch. 2007-74; s. 2, ch. 2011-183.

Note.—Created from former s. 731.23.

F.S. 732.102 on Google Scholar

F.S. 732.102 on CourtListener

Amendments to 732.102

Annotations, Discussions, Cases:

Cases Citing Statute 732.102

Total Results: 19

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

in the estate of a deceased spouse (Fla.Stat. § 732.102); the right to enter into a gestational surrogacy

AHCA v. Estate of Johnson

743 So. 2d 83

District Court of Appeal of Florida | Filed: Sep 8, 1999 | Docket: 1243296

Cited 8 times | Published

court. I cannot subscribe to the view that section 732.102 or section 733.710 may be harmonized with and

In Re Estate of Killinger

448 So. 2d 1187

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 1523106

Cited 5 times | Published

administered pursuant to the intestate provisions of section 732.102, Florida Statutes (1981). Distribution of the

In Re Estate of Gaspelin

542 So. 2d 1023, 1989 WL 29030

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 468942

Cited 4 times | Published

judgment awarded Mrs. Gaspelin the entire estate. § 732.102(1)(a), Fla. Stat. (1985); In re Estate of Dumas

Estate of Ganier

402 So. 2d 418

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 1691557

Cited 4 times | Published

where the decedent had no lineal descendants. § 732.102(1)(a), Fla. Stat. (1979). Some courts, interpreting

Gordon v. Fishman

253 So. 3d 1218

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 64687672

Cited 3 times | Published

not be a surviving spouse of Mr. Cohen under section 732.102" because they were not married). Thus, the

Arthur v. Milstein

949 So. 2d 1163, 2007 WL 602630

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1720044

Cited 3 times | Published

not passing to the surviving spouse under section 732.102, or the entire intestate estate if there is

In Re Estate of Salathe

703 So. 2d 1167, 1997 WL 784804

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 1349169

Cited 2 times | Published

of both the decedent and the surviving spouse. § 732.102(1)(b), Fla. Stat. (1995). Any surviving children

Urick v. McFarland

625 So. 2d 1253, 1993 WL 356915

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 474140

Cited 1 times | Published

property through intestacy or joint ownership. See § 732.102, Fla. Stat. (1989). Unless Mr. Urick is regarded

Solomon v. Dunlap

372 So. 2d 218

District Court of Appeal of Florida | Filed: Jun 29, 1979 | Docket: 1695500

Cited 1 times | Published

pursuant to the provisions of Section 732.301 and Section 732.102(1)(c), Florida Statutes (1977). The order then

Donna Fuentes v. Irene C. Link, etc.

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867494

Published

are not also children of the surviving spouse. § 732.102(3), Fla. Stat. The remaining portion of the intestate

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022

Published

share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564

Published

share of the intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by

Eddie Dorsey, a/k/a Eddie Dorsey, Jr., Audrey Dorsey, Cynthia Riggins, Johnnie Mae Dorsey, James Dorsey, Lillie Dorsey a/k/a Lillie Ruth Dorsey v. Franklin Robinson, Josephine Robinson, and Mary Thompson

270 So. 3d 462

District Court of Appeal of Florida | Filed: Apr 5, 2019 | Docket: 14882795

Published

the heirs’ right to the intestate property); § 732.102, Fla. Stat. (2016) (setting forth the intestate

SILVIA GORDON v. ROBERT FISHMAN, AS PERSONAL REPRESENTATIVE

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7738803

Published

be a surviving spouse of Mr. Cohen under section 732.102" because they were not married). Thus

Cohen v. Shushan

212 So. 3d 1113, 2017 WL 1018422, 2017 Fla. App. LEXIS 3430

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4617590

Published

passing; thus, according to the court, under section 732.102, Florida Statutes (2013), Ms. Shushan was entitled

Karasek v. Lamping Trust

909 So. 2d 552, 2005 Fla. App. LEXIS 14491, 2005 WL 2086183

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 64840183

Published

receive one-half of the intes*554tate estate. § 732.102(l)(e), Fla. Stat. (1983). A similarly situated

Schula v. Salathe

703 So. 2d 1167, 1997 Fla. App. LEXIS 13928

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 64777929

Published

of both the decedent and the surviving spouse. § 732.102(l)(b), Fla. Stat. (1995). Any surviving children

Dumas v. Sanford

413 So. 2d 58, 1982 Fla. App. LEXIS 19507

District Court of Appeal of Florida | Filed: Mar 17, 1982 | Docket: 64589566

Published

385 So.2d 1064, 1069 (Fla. 2d DCA 1980). Section 732.102, Florida Statutes (1981) says: (1) The intestate