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Florida Statute 732.103 | Lawyer Caselaw & Research
F.S. 732.103 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 732.103

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.103
732.103 Share of other heirs.The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:
(1) To the descendants of the decedent.
(2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them.
(3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters.
(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order:
(a) To the grandfather and grandmother equally, or to the survivor of them.
(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.
(c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.
(5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.
(6) If none of the foregoing, and if any of the descendants of the decedent’s great-grandparents were Holocaust victims as defined in s. 626.9543(3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.
History.s. 1, ch. 74-106; s. 8, ch. 75-220; s. 1, ch. 77-174; s. 16, ch. 2001-226; s. 145, ch. 2004-390; s. 102, ch. 2006-1; s. 6, ch. 2007-74.
Note.Created from former s. 731.23.

F.S. 732.103 on Google Scholar

F.S. 732.103 on Casetext

Amendments to 732.103


Arrestable Offenses / Crimes under Fla. Stat. 732.103
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.103.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DORSEY, a k a Jr. a k a v. ROBINSON,, 270 So. 3d 462 (Fla. App. Ct. 2019)

. . . spouse depending on whether the decedent and/or surviving spouse have any surviving descendants); § 732.103 . . .

CIUNGU, v. BULEA,, 162 So. 3d 290 (Fla. Dist. Ct. App. 2015)

. . . See §§ 732.103, 732.104, Fla. Stat. (2003). . . .

STOCKINGER, v. A. ZEILBERGER, A. Dr., 152 So. 3d 71 (Fla. Dist. Ct. App. 2014)

. . . Determination of Heirs, asserting that they are the Decedent’s half-sisters, and therefore, pursuant to section 732.103 . . . Decedent’s heirs and are thus entitled to a significant portion of the Decedent’s estate under section 732.103 . . . Petitioners are barred from asserting their rights to the estate here in Miami-Dade County under section 732.103 . . . Section 732.103 provides, in relevant part, as follows: Share of other heirs.- — The part of the intestate . . .

ALDRICH, v. BASILE,, 136 So. 3d 530 (Fla. 2014)

. . . See §§ 732.102, 732.103, Fla. Stat. . . .

LEE, v. ESTATE OF PAYNE, M. a, 148 So. 3d 776 (Fla. Dist. Ct. App. 2013)

. . . See § 732.103 (providing that if there is no surviving spouse, entire intestate estate passes to decedent . . . See § 732.103 (providing that if there is no surviving spouse, entire intestate estate passes to decedent . . .

LONG, v. WILLIS,, 100 So. 3d 4 (Fla. Dist. Ct. App. 2011)

. . . See § 732.103, Fla. Stat. (2009). Robin Willis, Mr. . . .

In ESTATE OF SHEFNER, Jr. v. SHEFNER- HOLDEN, 2 So. 3d 1076 (Fla. Dist. Ct. App. 2009)

. . . . §§ 731.201(18), 732.103(1), Fla. Stat. (2003); Snyder v. Davis, 699 So.2d 999, 1003 (Fla.1997). . . .

M. BALBONI W. v. LaROCQUE, 991 So. 2d 993 (Fla. Dist. Ct. App. 2008)

. . . See §§ 732.103, 732.104, Fla. Stat. (2006). . . .

INGER SOFE SAVAS BERKOW, v. ISAEVNA,, 983 So. 2d 1242 (Fla. Dist. Ct. App. 2008)

. . . affidavits asserting that all of the decedent’s heirs above them in the statutory hierarchy had died, § 732.103 . . .

PHILLIPS, v. HIRSHON,, 958 So. 2d 425 (Fla. Dist. Ct. App. 2007)

. . . (internal citation omitted); §§ 732.101(1), 732.103(1), 732.104, Fla. . . .

ARTHUR, v. C. MILSTEIN, Ad K., 949 So. 2d 1163 (Fla. Dist. Ct. App. 2007)

. . . Florida Statute section 406.50(4) directs that priority to the remains pass in accordance with section 732.103 . . . Under section 732.103, the lineal descendants of the decedent have priority. . . . interment, section 406.50(4) provides that the requests shall be prioritized in accordance with section 732.103 . . . Florida Statute section 732.103 of the Florida Probate Code provides that the part of the intestate estate . . .

R. GLOVER, v. MILLER,, 947 So. 2d 1254 (Fla. Dist. Ct. App. 2007)

. . . . § 732.103, Fla. Stat. (2006). . . .

In ESTATE OF FASKOWITZ, a k a v. L. f k a L. a k a, 941 So. 2d 390 (Fla. Dist. Ct. App. 2006)

. . . The trial court’s ruling on this point is inconsistent with the provisions of section 732.103, Florida . . . Under section 732.103(4)(c), “[i]f there is no paternal kindred or if there is no maternal kindred, the . . . State does not have a right to half of an intestate estate when there are lawful heirs under section 732.103 . . . sections 732.107 and 733.816 — do not in any way displace the rule of descent set forth in section 732.103 . . . Here, the paternal kindred have established their status as lawful heirs under section 732.103(4)(e). . . .

ENGELKE, v. ESTATE OF ENGELKE,, 921 So. 2d 693 (Fla. Dist. Ct. App. 2006)

. . . term “heirs” encompasses any of that class of persons categorized in the intestacy statute, section 732.103 . . .

HARRELL, v. SNYDER, S., 913 So. 2d 749 (Fla. Dist. Ct. App. 2005)

. . . . § 732.103(1), Fla. Stat. . . .

McKEAN, v. WARBURTON,, 919 So. 2d 341 (Fla. 2005)

. . . Florida’s intestacy statute, section 732.103, Florida Statutes (2004), includes the following family . . .

J. COOPER L. v. FORD SINCLAIR, P. A., 888 So. 2d 683 (Fla. Dist. Ct. App. 2004)

. . . Section 732.103, Florida Statutes, provides the method of descent for intestate estates where there is . . . no surviving spouse and section 732.103(5) states that where the deceased has no kindred, the estate . . . Under section 732.103(5) and (1), the entire estate would descend to Ned Cooper’s lineal descendents, . . .

FAGAN, v. M. CRAMER,, 877 So. 2d 945 (Fla. Dist. Ct. App. 2004)

. . . descendant of the decedent, Ruth Emma Lee, and is entitled to inherit Lee’s entire estate under section 732.103 . . .

S. TRAEGER, v. CREDIT FIRST NATIONAL ASSOCIATION,, 864 So. 2d 1188 (Fla. Dist. Ct. App. 2004)

. . . Cairo occupies a higher class under the intestacy statute, section 732.103(l)-(5), than does Mr. . . . The intestacy statute, section 732.103, Florida Statutes, provides the following hierarchy of classes . . . if the deceased spouse had survived the decedent and then died intestate entitled to the estate. § 732.103 . . .

In ESTATE OF HAMEL, H. v. P. A. a, 821 So. 2d 1276 (Fla. Dist. Ct. App. 2002)

. . . See § 732.103(1), Fla. . . .

MOSS, M. v. ESTATE OF MOSS, O, 777 So. 2d 1110 (Fla. Dist. Ct. App. 2001)

. . . there is no surviving spouse or minor children) to any of that class of persons categorized in section 732.103 . . . if the deceased spouse had survived the decedent and then died intestate entitled to the estate.” § 732.103 . . .

HESS, v. HESS,, 758 So. 2d 1203 (Fla. Dist. Ct. App. 2000)

. . . Section 732.103(2), Florida Statutes (1999), provides that where there are no surviving spouse and no . . .

In ESTATE OF SALATHE, SCHULA v. SALATHE,, 703 So. 2d 1167 (Fla. Dist. Ct. App. 1997)

. . . . §§ 732.102, 732.103(1), Fla. Stat. (1995). . . .

SNYDER, v. W. DAVIS,, 699 So. 2d 999 (Fla. 1997)

. . . homestead exemption could accrue to the kindred of the last deceased spouse of the decedent, section 732.103 . . . contemplated by article X, section 4, of the Florida Constitution and as defined in sections 731.201(18) and 732.103 . . . her “heir,” i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103 . . . See § 732.103, Fla. Stat. (1995). . . . there is no surviving spouse or minor children) to any of that class of persons categorized in section 732.103 . . . her “heir,” i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103 . . . under the laws of intestacy; the decedent’s son, as his lineal descendant, is a member of that class. § 732.103 . . . member of the class of persons entitled to receive property under the laws of intestacy, see sections 732.103 . . . her “heir,” i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103 . . .

In ESTATE OF HINTERLEITER, STATE AGENCY FOR HEALTH CARE ADMINISTRATION, v. CONNER, 692 So. 2d 234 (Fla. Dist. Ct. App. 1997)

. . . persons eligible to inherit from Hinterleiter under Florida’s intestate succession law, i.e., section 732.103 . . .

WALKER, v. G. MICKLER, In ESTATE OF B. MANSFIELD, 687 So. 2d 1328 (Fla. Dist. Ct. App. 1997)

. . . member of the class of persons entitled to receive property under the laws of intestacy, see sections 732.103 . . . Sec. 732.103(1), Fla. Stat. (1989). . . .

W. DAVIS, M. v. SNYDER,, 681 So. 2d 1191 (Fla. Dist. Ct. App. 1996)

. . . the decedent’s surviving child, Milo Snyder, is the decedent’s sole heir under the terms of section 732.103 . . . contemplated by article X, section 4, of the Florida Constitution and as defined in sections 731.201(18) and 732.103 . . . her “heir,” i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103 . . . remotely related to the decedent, e.g., “the kindred of the last deceased spouse of the decedent,” section 732.103 . . .

DIMITROFF, v. J. T. TAYLOR,, 651 So. 2d 131 (Fla. Dist. Ct. App. 1995)

. . . See § 732.103(2), Fla.Stat. (1993). . . .

URICK, v. McFARLAND Co-, 625 So. 2d 1253 (Fla. Dist. Ct. App. 1993)

. . . . § 732.103(1), Fla.Stat. (1989). . . . It is possible that section 732.103 could be amended to grant an intestate share to stepchildren of long-term . . .

MONKS, v. D. SMITH,, 609 So. 2d 740 (Fla. Dist. Ct. App. 1992)

. . . See § 732.103, Florida Statutes (1989) (sisters entitled to inherit under intestate succession). . . .

J. BARTELT, C. v. E. BARTELT,, 579 So. 2d 282 (Fla. Dist. Ct. App. 1991)

. . . . § 732.103(1), Fla.Stat. (1989). . . . 508 So.2d 422 (Fla. 1st DCA 1987) (because decedent’s “good friend” not recognized as an heir under § 732.103 . . . noted in its opinion, the stepdaughter’s claim that she is an alternative contingent heir under section 732.103 . . .

IN RE ESTATE OF HAGMAN, 46 Fla. Supp. 2d 146 (Fla. Cir. Ct. 1991)

. . . PETITIONERS claim entitlement to the escheated funds from the estate of the decedent under § 732.103, . . .

IN RE ESTATE OF HOLT, 37 Fla. Supp. 2d 122 (Fla. Cir. Ct. 1989)

. . . Holt was not survived by a spouse and as a result his heirs are defined by F.S. 732.103: “Share of Other . . .

In ESTATE OF J. HILL, SHEHAN, v. W. POLLACK,, 552 So. 2d 1133 (Fla. Dist. Ct. App. 1989)

. . . stepdaughter’s claim that she is an alternative contingent heir under the laws of intestate succession, see § 732.103 . . .

In ESTATE OF H. BENSON, In ESTATE OF R. BENSON, KENDALL, v. STARNES, W. W., 548 So. 2d 775 (Fla. Dist. Ct. App. 1989)

. . . . § 732.103(1), (2) and (3), Fla.Stat. (1985). . . . inheriting their father’s share of Scott Benson’s intestate estate according to the provisions of sections 732.103 . . . Benson’s will, over Florida’s Anti-Lapse Statute, section 732.603(1), and also over sections 732.-611, 732.103 . . . In regard to Scott Benson’s intestate estate, section 732.103(3) provides that when a decedent has no . . .

IN RE MERCER, 36 Fla. Supp. 2d 103 (Fla. Cir. Ct. 1989)

. . . Elsie Mercer was not survived by a spouse and as a result her heirs are defined by Florida Statute 732.103 . . .

IN RE ESTATE OF PHILLIP ROBERT SANDERS, 32 Fla. Supp. 2d 27 (Fla. Cir. Ct. 1988)

. . . since the decedent chose to ignore his heirs (three children) as defined by the intestacy statute (F.S. 732.103 . . . Robert Sanders was not survived by a spouse and as a result his heirs are defined by Florida Statute 732.103 . . .

ELSON, v. VARGAS,, 520 So. 2d 76 (Fla. Dist. Ct. App. 1988)

. . . sister-in-law, could be considered to be within the general parameters of the testatrix’s natural bounty, § 732.103 . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. TRAMMELL,, 508 So. 2d 422 (Fla. Dist. Ct. App. 1987)

. . . Among the heirs listed in Section 732.103, Florida Statutes, are lineal decedents, fathers and mothers . . .

LORRAINE, a v. GROVER, CIMENT, WEINSTEIN STAUBER, P. A. INA INAPRO a, 467 So. 2d 315 (Fla. Dist. Ct. App. 1985)

. . . See § 732.401(1); § 732.103(1). . . . .

In ESTATE OF D. SLATER, SLATER, v. SLATER,, 437 So. 2d 1110 (Fla. Dist. Ct. App. 1983)

. . . Under section 732.103(1), Florida Statutes (1981), the son and daughter in this case inherited equal . . .

JOHNSON v. KNIGHT,, 424 So. 2d 166 (Fla. Dist. Ct. App. 1983)

. . . . § 733.201(18) [731.201(18)] and § 732.103. . . .

O. RAY, O. v. J. ROTELLA,, 425 So. 2d 94 (Fla. Dist. Ct. App. 1982)

. . . Grobard, 382 So.2d 117 (Fla. 3d DCA 1980). .See §§ 732.102, 732.103 and 732.401, Fla. . . .

In ESTATE OF A. WAGNER. T. LYMAN R. v. FOLAN,, 423 So. 2d 400 (Fla. Dist. Ct. App. 1982)

. . . See sections 732.103, 732.104, Fla.Stat. (1979). . . .

In ESTATE L. REID, REID, v. WHITFIELD, 399 So. 2d 1032 (Fla. Dist. Ct. App. 1981)

. . . Pursuant to § 732.103, Florida Statutes (1979), the lineal descendants of the decedent take the entire . . .

In ESTATE CROSLEY,, 384 So. 2d 274 (Fla. Dist. Ct. App. 1980)

. . . heirs or blood relatives of Marguerite Crosley, and thus he is the sole living heir pursuant to Section 732.103 . . . the first cousin once removed of the decedent and entitled to inherit her estate pursuant to Section 732.103 . . .

RAMEY L. v. B. THOMAS M., 382 So. 2d 78 (Fla. Dist. Ct. App. 1980)

. . . . § 732.103 Fla.Stat. (1979) (inheritance) and § 61.13(2)(b) Fla.Stat. (1979) (visitation rights of grandparents . . .

SOLOMON, E. D. v. WARREN, a, 540 F.2d 777 (5th Cir. 1976)

. . . Section 732.103(1). . . . .