Florida Statute 732.302 - 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. 732.302

732.302 Pretermitted children.—When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testator’s property equivalent to a child’s part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless:

(1) It appears from the will that the omission was intentional; or

(2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.

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

History.—s. 1, ch. 74-106; s. 16, ch. 75-220; s. 958, ch. 97-102; s. 36, ch. 2001-226.

Note.—Created from former s. 731.11.

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Amendments to 732.302

Annotations, Discussions, Cases:

Cases Citing Statute 732.302

Total Results: 9

Espinosa v. SPARBER, SHEVIN

586 So. 2d 1221, 1991 WL 181442

District Court of Appeal of Florida | Filed: Sep 17, 1991 | Docket: 1487718

Cited 7 times | Published

as a pretermitted child as provided for in Section 732.302, Florida Statutes (1985). Accordingly, Patricia

Azcunce v. Estate of Azcunce

586 So. 2d 1216, 1991 WL 181445

District Court of Appeal of Florida | Filed: Sep 17, 1991 | Docket: 1742582

Cited 3 times | Published

be obtained in accordance with § 733.805." Section 732.302, Florida Statutes (1985) (emphasis added).

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

spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507,

JEW v. Estate of Doe

443 So. 2d 249

District Court of Appeal of Florida | Filed: Dec 16, 1983 | Docket: 1746993

Cited 2 times | Published

Florida Statutes section 732.302. Appellant reasons that the provisions of section 732.302 of the Florida

In Re: Amendments to Florida Probate Rules

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

Published

732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732

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

732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732

Estate of Maher v. Iglikova

138 So. 3d 484, 2014 WL 1386660, 2014 Fla. App. LEXIS 5251

District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60240673

Published

A.M.I. was not a pretermitted child under section 732.302, Florida Statutes (2010), because she was (1)

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

spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507,

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

spouse. § 732.301, Fla. Stat. Pretermitted spouse. § 732.302, Fla. Stat. Pretermitted children. § 732.507,