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Florida Statute 732.104 - Full Text and Legal Analysis
Florida Statute 732.104 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 732.104 Case Law from Google Scholar Google Search for Amendments to 732.104

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
732.104 Inheritance per stirpes.Descent shall be per stirpes, whether to descendants or to collateral heirs.
History.s. 1, ch. 74-106; s. 9, ch. 75-220; s. 7, ch. 2007-74.
Note.Created from former s. 731.25.

F.S. 732.104 on Google Scholar

F.S. 732.104 on CourtListener

Amendments to 732.104


Annotations, Discussions, Cases:

Cases Citing Statute 732.104

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Snyder v. Davis, 699 So. 2d 999 (Fla. 1997).

Cited 41 times | Published | Supreme Court of Florida | 1997 WL 576037

...If Betty Snyder had died intestate, Milo Snyder would have inherited everything as her "heir," i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103, would have inherited nothing. This would be so because inheritance in Florida is "per stirpes." § 732.104, Fla....
...If Betty Snyder had died intestate, Milo Snyder would have inherited everything as her "heir," i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103, would have inherited *1007 nothing. This would be so because inheritance in Florida is "per stirpes." § 732.104, Fla....
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Lewis v. Green, 389 So. 2d 235 (Fla. 5th DCA 1980).

Cited 13 times | Published | Florida 5th District Court of Appeal | 11 A.L.R. 4th 927

...479 (1919); 80 Am.Jur.2d Wills §§ 1409, 1415 (1975). The distribution should be per stirpes. Green v. Lewis, 113 Fla. 609, 151 So. 270 (1933); Rogers v. Atlantic Nat. Bank of Jacksonville, 371 So.2d 174 (Fla. 1st DCA 1979); § 732.611, Fla. Stat. (1979); § 732.104, Fla....
...Descent and Distribution § 61 (1956); 95 C.J.S. Wills § 678 (1957). [22] Reimer v. Smith, 105 Fla. 671, 142 So. 603 (1932); Storey v. First National Bank & Trust Co., in Orlando, 115 Fla. 436, 156 So. 185 (1934). [23] § 732.611, Fla. Stat. (1979) and § 732.104, Fla....
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Clemons v. Thornton, 993 So. 2d 1054 (Fla. 1st DCA 2008).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 3308, 2008 WL 624863

...The failure of Mr. Clemons’s attempt to convey the remainder interest to Ms. Thornton redounded to the benefit, not of Mrs. Clemons, but of Mr. Clemons’s lineal descendants, including Ms. Thornton. Only if Ms. Thornton (and her descendants, if any, see § 732.104, Fla....
...”)) had been Mr. Clemons’s sole survivor(s), would the summary judgment be affirmable in toto — and she has pleaded the existence of other survivors. Upon his death, the remainder vested in his lineal descendants, per stirpes, pursuant to sections 732.104 and 732.401(1), Florida Statutes (2000)....
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Davis v. Snyder, 681 So. 2d 1191 (Fla. 2d DCA 1996).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1996 WL 604184

...If Betty Snyder had died intestate, Milo Snyder would have inherited everything as her "heir," i.e., next lineal descendant in line, and Kelli Snyder, under any construction of section 732.103, would have inherited nothing. This would be so because inheritance in Florida is "per stirpes." § 732.104, Fla....
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In Re: Amendments to Florida Prob. Rules (Fla. 2024).

Published | Supreme Court of Florida

...Verification of documents. § 731.201(33), Fla. Stat. General definitions. - 14 - § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.103, Fla. Stat. Share of other heirs. § 732.104, Fla....
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In Re Est. of Hinterleiter, 692 So. 2d 234 (Fla. 2d DCA 1997).

Published | Florida 2nd District Court of Appeal | 1997 WL 186261

...she is an "heir" for purposes of the above-quoted provision of the constitution. It would follow, then, that her interest in the house devised to her by her grandmother is exempt from forced sale. This was the view of the trial court. AHCA points to section 732.104, Florida Statutes (1995), which provides that "[d]escent shall be per stirpes, whether to lineal descendants or to collateral heirs." Therefore, if Hinterleiter had died intestate, her surviving daughter would have inherited her entir...