Florida Statute 732.301 - 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. 732.301

732.301 Pretermitted spouse.—When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:

(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;

(2) The spouse is provided for in the will; or

(3) The will discloses an intention not to make provision for the spouse.

The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.

History.—s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87.

Note.—Created from former s. 731.10.

F.S. 732.301 on Google Scholar

F.S. 732.301 on CourtListener

Amendments to 732.301

Annotations, Discussions, Cases:

Cases Citing Statute 732.301

Total Results: 24

Via v. Putnam

656 So. 2d 460, 1995 WL 337970

Supreme Court of Florida | Filed: Jun 8, 1995 | Docket: 613626

Cited 12 times | Published

shall be obtained in accordance with s. 733.805. § 732.301, Fla. Stat. (1993). The foregoing history indicates

Estate of Ganier v. Estate of Ganier

418 So. 2d 256

Supreme Court of Florida | Filed: Jul 29, 1982 | Docket: 1685892

Cited 7 times | Published

of Florida's pretermitted spouse statute, section 732.301, Florida Statutes (1979), as it relates to

Hoffman v. Kohns

385 So. 2d 1064

District Court of Appeal of Florida | Filed: Jun 13, 1980 | Docket: 1700501

Cited 5 times | Published

answer appears to lie in the application of Section 732.301, Florida Statutes (1975), which reads: 732

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

Gaspelin to be a pretermitted spouse pursuant to section 732.301, Florida Statutes (1985). Since Mr. Gaspelin's

Estate of Ganier

402 So. 2d 418

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

Cited 4 times | Published

Ganier was a "pretermitted spouse" pursuant to section 732.301, Florida Statutes (1979) and allowing him to

Gordon v. Fishman

253 So. 3d 1218

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

Cited 3 times | Published

decedent's estate as a pretermitted spouse under section 732.301. However, the "in contemplation of marriage"

In Re Amendments to the Florida Probate Rules

73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla

Saunders v. Saunders

796 So. 2d 1253, 2001 WL 1230260

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1672393

Cited 2 times | Published

of her share as a pretermitted spouse under section 732.301, Florida Statutes (1999). The trial court denied

Babcock v. ESTATE OF BABCOCK

995 So. 2d 1044, 2008 WL 4863088

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 1285367

Cited 1 times | Published

the will and constituted a pretermitted spouse. § 732.301, Fla. Stat. Tawn filed a motion to determine exempt

Solomon v. Dunlap

372 So. 2d 218

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

Cited 1 times | Published

intestate estate pursuant to the provisions of Section 732.301 and Section 732.102(1)(c), Florida Statutes

In Re: Amendments to Florida Probate Rules

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

Published

Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302

Kathleen Steele v. Commissioner of Social Security

Supreme Court of Florida | Filed: Feb 15, 2024 | Docket: 68253593

Published

from “inadvertent disinheritance.” Id.; cf. § 732.301, Fla. Stat. (1977) (pretermitted-spouse statute)

In RE: AMENDMENTS TO the FLORIDA PROBATE RULES-2018 FAST-TRACK REPORT.

253 So. 3d 983

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943255

Published

Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302

SILVIA GORDON v. ROBERT FISHMAN, AS PERSONAL REPRESENTATIVE

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

Published

decedent's estate as a pretermitted spouse under section 732.301. However, the "in contemplation

Moore v. Estate of Flaire Mae Albee

239 So. 3d 192

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6322694

Published

pretermitted spouse, 1 sought to 1 Section 732.301, Florida Statutes (2016), “Pretermitted spouse

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla

Amendments to Florida Probate Rules

807 So. 2d 622, 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Supreme Court of Florida | Filed: Oct 11, 2001 | Docket: 64812578

Published

Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.507, Fla

In re Estate of Norem

561 So. 2d 434, 1990 Fla. App. LEXIS 3473, 1990 WL 64147

District Court of Appeal of Florida | Filed: May 16, 1990 | Docket: 64650663

Published

Barnes Norem, is a pretermit-ted spouse under section 732.301, Florida Statutes (1987). These are the facts

Spangenberg v. Tate

561 So. 2d 315, 1990 Fla. App. LEXIS 1693, 1990 WL 27952

District Court of Appeal of Florida | Filed: Mar 14, 1990 | Docket: 64650636

Published

Spangen-berg’s claim as a pretermitted spouse under section 732.301, Florida Statutes (1987). The trial court properly

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

References F.S. 731.107 Adversary proceedings. F.S. 732.301 Pretermitted spouse. F.S. 732.507 Effect of

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

References F.S. 731.107 Adversary proceedings. F.S. 732.301 Pretermitted spouse. F.S. 732.507 Effect of

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

732.215 Elective share of surviving spouse. F.S. 732.301 Pretermitted spouse. F.S. 732.507 Effect of

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

controlling in this case. The applicable statute is section 732.301, Florida Statutes (1981), and it provides that