Florida Statute 732.103 - 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. 732.103

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.

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Amendments to 732.103

Annotations, Discussions, Cases:

Cases Citing Statute 732.103

Total Results: 44

Snyder v. Davis

699 So. 2d 999, 1997 WL 576037

Supreme Court of Florida | Filed: Sep 18, 1997 | Docket: 1694000

Cited 41 times | Published

still alive at the death of the testator. See § 732.103, Fla. Stat. (1995). The court then certified *1000

Lorraine v. Grover, Ciment, Weinstein & Stauber, PA

467 So. 2d 315, 10 Fla. L. Weekly 327

District Court of Appeal of Florida | Filed: Feb 5, 1985 | Docket: 1274573

Cited 19 times | Published

directly to Johnson's children. See § 732.401(1); § 732.103(1). [3] Proof of this first element generally

Ramey v. Thomas

382 So. 2d 78

District Court of Appeal of Florida | Filed: Mar 12, 1980 | Docket: 1254943

Cited 14 times | Published

(1979). [5] § 63.092(2) Fla. Stat. (1979). [6] § 732.103 Fla. Stat. (1979) (inheritance) and § 61.13(2)(b)

Engelke v. Estate of Engelke

921 So. 2d 693, 2006 WL 436053

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1662946

Cited 11 times | Published

persons categorized in the intestacy statute, section 732.103, Florida Statutes. Id. at 1000. We note that

Bartelt v. Bartelt

579 So. 2d 282, 1991 WL 72015

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 2192550

Cited 10 times | Published

lineal descendant, is a member of that class. § 732.103(1), Fla. Stat. (1989). The class designated "heirs"

In Re Estate of Hamel

821 So. 2d 1276, 2002 WL 1801769

District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 1236163

Cited 8 times | Published

daughters clearly meet this requirement. See § 732.103(1), Fla. Stat. (2000) (designating lineal descendants

Hess v. Hess

758 So. 2d 1203, 2000 WL 628289

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1404148

Cited 7 times | Published

GUNTHER and SHAHOOD, JJ., concur. NOTES [1] Section 732.103(2), Florida Statutes (1999), provides that

McKean v. Warburton

919 So. 2d 341, 2005 WL 2155180

Supreme Court of Florida | Filed: Jan 5, 2006 | Docket: 1678549

Cited 6 times | Published

1005 (Fla.1997). Florida's intestacy statute, section 732.103, Florida Statutes (2004), includes the following

McKean v. Warburton

919 So. 2d 341, 2005 WL 2155180

Supreme Court of Florida | Filed: Jan 5, 2006 | Docket: 1678549

Cited 6 times | Published

1005 (Fla.1997). Florida's intestacy statute, section 732.103, Florida Statutes (2004), includes the following

In Re Estate of Crosley

384 So. 2d 274, 1980 Fla. App. LEXIS 16496

District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 1268684

Cited 6 times | Published

thus he is the sole living heir pursuant to Section 732.103(5), Florida Statutes (1977). During the course

Stockinger v. Zeilberger

152 So. 3d 71, 2014 Fla. App. LEXIS 18950, 2014 WL 6465244

District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606360

Cited 5 times | Published

half-sisters,1 and therefore, pursuant to section 732.103, Florida Statutes (2011),2 they are each entitled

Monks v. Smith

609 So. 2d 740, 1992 WL 358121

District Court of Appeal of Florida | Filed: Dec 7, 1992 | Docket: 1473969

Cited 5 times | Published

decedent's sister and only heir under Florida law. See § 732.103, Florida Statutes (1989) (sisters entitled to

In Re Estate of Benson

548 So. 2d 775, 1989 WL 100491

District Court of Appeal of Florida | Filed: Sep 1, 1989 | Docket: 1333978

Cited 5 times | Published

sister, appellant, and his brother, Steven Benson. § 732.103(1), (2) and (3), Fla. Stat. (1985). It was not

Cooper v. Ford & Sinclair, PA

888 So. 2d 683, 2004 WL 2600505

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1328022

Cited 4 times | Published

is to be appointed personal representative. Section 732.103, Florida Statutes, provides the method of descent

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

pass in accordance with section 732.103 of the probate code. Under section 732.103, the lineal descendants

Davis v. Snyder

681 So. 2d 1191, 1996 WL 604184

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 1385488

Cited 3 times | Published

take as heir by intestate succession under section 732.103, Florida Statutes (1993), survives. The trial

In Re Estate of Hill

552 So. 2d 1133, 1989 WL 118960

District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 1663645

Cited 3 times | Published

heir under the laws of intestate succession, see § 732.103(5), Fla. Stat. (1987), but find that status has

Elson v. Vargas

520 So. 2d 76, 1988 WL 8122

District Court of Appeal of Florida | Filed: Feb 9, 1988 | Docket: 1300512

Cited 3 times | Published

parameters of the testatrix's natural bounty, § 732.103(5), Fla. Stat. (1985), the connection is remote

Glover v. Miller

947 So. 2d 1254, 2007 WL 247899

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 2516301

Cited 2 times | Published

succession are his parents or the survivor of them. § 732.103, Fla. Stat. (2006). Where children are adopted

Traeger v. CREDIT FIRST NAT. ASS'N

864 So. 2d 1188, 2004 Fla. App. LEXIS 61, 2004 WL 40548

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1727586

Cited 2 times | Published

higher class under the intestacy statute, section 732.103(1)-(5),[2]*1190 than does Mr. Traeger, and

State, Dept. of Health v. Trammell

508 So. 2d 422, 12 Fla. L. Weekly 1212

District Court of Appeal of Florida | Filed: May 12, 1987 | Docket: 1648868

Cited 2 times | Published

of a decedent." Among the heirs listed in Section 732.103, Florida Statutes, are lineal decedents, fathers

Lee v. Estate Payne

148 So. 3d 776, 2013 WL 5225200, 2013 Fla. App. LEXIS 14822

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60243607

Cited 1 times | Published

Florida property under the laws of intestacy. See § 732.103 (providing that if there is no surviving spouse

INGER SOFE SAVAS BERKOW v. Isaevna

983 So. 2d 1242, 2008 Fla. App. LEXIS 9435, 33 Fla. L. Weekly Fed. D 1654

District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 2159115

Cited 1 times | Published

above them in the statutory hierarchy had died, § 732.103, Fla. Stat. (2004), arguably entitling them to

Harrell v. Snyder

913 So. 2d 749, 2005 WL 2899461

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1698434

Cited 1 times | Published

The decedent's daughters meet this requirement. § 732.103(1), Fla. Stat. The disagreement in this case relates

Moss v. Estate of Moss

777 So. 2d 1110, 2001 WL 76726

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1513938

Cited 1 times | Published

any of that class of persons categorized in section 732.103 (the intestacy statute)." Id. The Snyder court

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

estate will pass to Mr. Litman's collateral heirs. § 732.103(1), Fla. Stat. (1989). It is noteworthy that,

Property Solutions Powerhouse, LLC v. Nelson

District Court of Appeal of Florida | Filed: Jun 6, 2025 | Docket: 70472150

Published

heirs. See § 731.201(2), (23), Fla. Stat. (2024); § 732.103, Fla. Stat. (2024). Mr. Nelson claimed that

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Jul 3, 2024 | Docket: 68913248

Published

Waiver and consent by interested person. § 732.103, Fla. Stat. Share of other heirs. § 732

Donna Fuentes v. Irene C. Link, etc.

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

Published

estate passes to the descendants of the decedent. § 732.103(1), Fla. Stat.

Kathleen Steele v. Commissioner of Social Security

Court of Appeals for the Eleventh Circuit | Filed: Oct 12, 2022 | Docket: 65418002

Published

“the descendants of the dece- dent,” id. § 732.103(1). Under Florida Statute § 731.201(9), a USCA11

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

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

Published

intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit request

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

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

Published

intestate estate pursuant to section 732.102 or section 732.103, Florida Statutes, may by affidavit request

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

surviving spouse have any surviving descendants); § 732.103, Fla. Stat. (2016) (setting forth the share of

Rocke v. American Research Bureau

District Court of Appeal of Florida | Filed: Nov 6, 2015 | Docket: 3010556

Published

implementing an intestate succession plan pursuant to section 732.103, Florida Statutes (2006). Ms. Rocke then initiated

Long v. Willis

100 So. 3d 4, 2011 Fla. App. LEXIS 12877, 2011 WL 3587411

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60225838

Published

only legal heirs for purposes of intestacy. See § 732.103, Fla. Stat. (2009). Robin Willis, Mr. Long’s sister

Faskowitz v. Department of Legal Affairs

941 So. 2d 390, 2006 Fla. App. LEXIS 4671, 2006 WL 824566

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 64847716

Published

point is inconsistent with the provisions of section 732.103, Florida Statutes (1999), concerning the descent

Fagan v. Cramer

877 So. 2d 945, 2004 Fla. App. LEXIS 11235, 2004 WL 1672412

District Court of Appeal of Florida | Filed: Jul 28, 2004 | Docket: 64831872

Published

entitled to inherit Lee’s entire estate under section 732.103(3), Florida Statutes (2000). Fagan asserts

In Re Estate of Hinterleiter

692 So. 2d 234, 1997 WL 186261

District Court of Appeal of Florida | Filed: Apr 18, 1997 | Docket: 436091

Published

Florida's intestate succession law, i.e., section 732.103, Florida Statutes (1995), she is an "heir"

Dimitroff v. Taylor

651 So. 2d 131, 1995 Fla. App. LEXIS 1204, 1995 WL 51174

District Court of Appeal of Florida | Filed: Feb 10, 1995 | Docket: 64754600

Published

parents are the heirs at law to this estate. See § 732.103(2), Fla.Stat. (1993). The parents would also have

Shehan v. Pollack

552 So. 2d 1133, 14 Fla. L. Weekly 2422, 1989 Fla. App. LEXIS 5603

District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 64646587

Published

heir under the laws of intestate succession, see § 732.103(5), Fla.Stat. (1987), but find that status has

Slater v. Slater

437 So. 2d 1110, 1983 Fla. App. LEXIS 24114

District Court of Appeal of Florida | Filed: Jul 28, 1983 | Docket: 64599544

Published

602(1) and 733.608(3), Fla.Stat. (1981). Under section 732.103(1), Florida Statutes (1981), the son and daughter

Johnson v. Knight

424 So. 2d 166, 1983 Fla. App. LEXIS 18402

District Court of Appeal of Florida | Filed: Jan 4, 1983 | Docket: 64594400

Published

II, See F.S. § 733.201(18) [731.201(18)] and § 732.103. When the heir nearest in degree is incompetent

Reid v. Whitfield

399 So. 2d 1032, 1981 Fla. App. LEXIS 20087

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 64583323

Published

101(1), Florida Statutes (1979). Pursuant to § 732.103, Florida Statutes (1979), the lineal descendants

In Re Estate of Russell

387 So. 2d 487, 1980 Fla. App. LEXIS 16990

District Court of Appeal of Florida | Filed: Aug 20, 1980 | Docket: 1355819

Published

he is entitled to receive those funds under Section 732.103(1), Florida Statutes (1977). We cannot accept