Cases from cite.case.law:

MULLINS, v. MULLINS, 274 So. 3d 513 (Fla. App. Ct. 2019)

. . . required to litigate homestead benefit because it inures to lineal descendants by virtue of section 732.401 . . .

SAMAD, v. PLA Jr., 267 So. 3d 476 (Fla. App. Ct. 2019)

. . . undivided one-half interest in the decedent's homestead property as a tenant in common under section 732.401 . . . Pursuant to section 732.401, a surviving spouse takes a life estate in the homestead unless he or she . . . elects to take an undivided one-half interest in the homestead as a tenant in common. § 732.401(1), . . . The surviving spouse must make such an election within six months of the decedent's death, § 732.401( . . . The petition itself, however, must be timely filed within those six months. § 732.401(2)(c). . . .

KELLY, v. SPAIN,, 160 So. 3d 78 (Fla. Dist. Ct. App. 2015)

. . . a "transfer occurs by operation of law to the surviving spouse or minor child or children under s. 732.401 . . .

Dr. G. STONE, v. STONE, 157 So. 3d 295 (Fla. Dist. Ct. App. 2014)

. . . purposes of s. 731.201(10) or s. 732.4015, and the interest transferred does not descend as provided in s. 732.401 . . . fail and the homestead property should descend as if Jerome had died intestate, pursuant to section 732.401 . . . If section 732.401 were applied, upon Jerome’s death, Alma would take a life estate with a vested remainder . . . See § 732.401(1), Fla. Stat. . . .

FRISCIA, J. v. FRISCIA, 161 So. 3d 513 (Fla. Dist. Ct. App. 2014)

. . . . § 732.401(1), Fla. Stat. (2010). . . . See § 732.401(1). . . .

GERACI, Jr. J. v. SUNSTAR EMS,, 93 So. 3d 384 (Fla. Dist. Ct. App. 2012)

. . . See also §§ 732.401(1) (statutory homestead exemption pertaining to descent), .4015 (statutory homestead . . .

ARONSON, v. ARONSON,, 81 So. 3d 515 (Fla. Dist. Ct. App. 2012)

. . . Finally, section 732.401(1) of the Florida Statutes (2001), provides: (1) If not devised as authorized . . . were, to his wife for life, and thereafter to his surviving sons, James and Jonathan per stirpes. § 732.401 . . . In 2010, section 732.401 was amended to allow the surviving spouse to elect an undivided one-half interest . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. . . . General definitions. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. . . .

In B. WILLIAMS, Jr. a k a JB, 427 B.R. 541 (Bankr. M.D. Fla. 2010)

. . . Section 732.401 of the Florida Statutes, for example, provides: Chapter 732. . . . Exempt Property and Allowances 732.401. . . . Stat. 732.401(l)(Emphasis supplied). . . .

BAYVIEW LOAN SERVICING, LLC, v. GIBLIN,, 9 So. 3d 1276 (Fla. Dist. Ct. App. 2009)

. . . See § 732.401(1) Fla. Stat. (2001); King v. Ellison, 648 So.2d 666 (Fla.1994). . . . Because decedent died leaving a spouse, the descent of his property is controlled by section 732.401( . . . the wife is entitled to a life estate in the homestead with a vested remainder to the descendants. § 732.401 . . . GROSS, C.J., and POLEN, J., concur. . § 732.401(1) provides: If not devised as permitted by law and the . . .

CLEMONS Jr. v. M. THORNTON,, 993 So. 2d 1054 (Fla. Dist. Ct. App. 2008)

. . . .” § 732.401(1), Fla. Stat. (2000). The failure of Mr. . . . death, the remainder vested in his lineal descendants, per stirpes, pursuant to sections 732.104 and 732.401 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. . . .

J. COLLINSON, v. F. MILLER, III,, 903 So. 2d 221 (Fla. Dist. Ct. App. 2005)

. . . .; §§ 732.401, .4015, Fla. Stat. (1977). Mrs. . . .

WARBURTON, v. McKEAN W. Co- II,, 877 So. 2d 50 (Fla. Dist. Ct. App. 2004)

. . . Const (2002); § 732.401(1), Fla. Stat. (2002); City Nat’l Bank of Fla. v. . . .

DAVIS, v. DAVIS,, 864 So. 2d 458 (Fla. Dist. Ct. App. 2003)

. . . Davis’s will and requiring that the land and improvements descend in accordance with section 732.401( . . . Section 732.401(1) (2000) provided: 732.401 Descent of homestead.- (1) If not devised as permitted by . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. . . . General definitions. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. . . .

JAMES, v. JAMES,, 843 So. 2d 304 (Fla. Dist. Ct. App. 2003)

. . . . §§ 732.401 and 732.4015, Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . . § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. . . . General definitions. § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 807 So. 2d 622 (Fla. 2001)

. . . . § 732.401, Fla. Stat. Descent of homestead. § 732.4015, Fla. Stat. . . .

LOWE, v. BROWARD COUNTY,, 766 So. 2d 1199 (Fla. Dist. Ct. App. 2000)

. . . . § 732.401; Fla. Const. . . .

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

. . . class of persons entitled to receive property under the laws of intestacy, see sections 732.103(1) and 732.401 . . .

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

. . . class of persons entitled to receive property under the laws of intestacy, see sections 732.103(1) and 732.401 . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 732.401, Fla.Stat. Descent of homestead. § 732.4015, Fla.Stat. . . .

KING, v. T. ELLISON,, 648 So. 2d 666 (Fla. 1994)

. . . I concur with the majority’s conclusion that section 732.401(1), Florida Statutes (1991), does not conflict . . . I also agree that section 732.401(1) does not improperly restrain the right to devise homestead property . . . Section 732.401(1) is merely the legislative statement of how homestead property will descend if not . . . to point out that our opinion today should not be read to somehow limit the application of section 732.401 . . . Section 732.401(1) controls the descent of homestead property where the owner of the homestead dies intestate . . . We have before us the following certified question: WHETHER SECTION 732.401(1), FLORIDA STATUTES (1991 . . . We find that no conflict exists between section 732.401(1), Florida Statutes (1991), and article X, section . . . However, since the Indian River property was his homestead, its descent was governed by section 732.401 . . . Pursuant to section 732.401(1), Rosemarie, as surviving spouse, received a life estate in the homestead . . . Florence’s children (petitioners) brought suit, alleging that section 732.401(1) is unconstitutional . . .

V. SIGMUND, Jr. C. v. ELDER, Sr. V., 631 So. 2d 329 (Fla. Dist. Ct. App. 1994)

. . . that the adult children of the deceased possessed a remainder interest, in accordance with section 732.401 . . .

B. JACOBS, v. W. O. JACOBS, a k a O. a k a W. O., 633 So. 2d 30 (Fla. Dist. Ct. App. 1994)

. . . the warranty deed or by operation of law — Florida Constitution, Article X, section 4(c) and section 732.401 . . . of Jake Jacobs’s will rather than the life estate she would receive by way of operation 'of section 732.401 . . . Section 732.401(1), Florida Statutes (1989), in effect at the time of Jake Jacobs’s death, provides: . . . accept less than one hundred percent of the fee or whether to take the life estate granted by section 732.401 . . .

KING, f k a v. T. ELLISON, a k a a k a a k a, 622 So. 2d 598 (Fla. Dist. Ct. App. 1993)

. . . homestead and the remainder vested in the appellees, Hubert’s lineal descendants, pursuant to section 732.401 . . . Section 732.401(1), Florida Statutes (1991), provides: 732.401 Descent of homestead.— (1) If not devised . . . Appellants argue that section 732.401(1) is unconstitutional as applied in this case, because appellants . . . We decline to hold section 732.401(1) unconstitutional, recognizing that the legislature is presumed . . . We do, however, certify the following question as one of great public importance: WHETHER SECTION 732.401 . . .

L. HUBERT, v. E. HUBERT, Sr., 622 So. 2d 1049 (Fla. Dist. Ct. App. 1993)

. . . the surviving spouse receives a life estate and the lineal descendant has a vested remainder [section 732.401 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Annual tax information reports. 1¾§4 732.401, Fla.Stat. Descent of homestead. 732.4015, Fla.Stat. . . .

BREAUSCHE, v. PROUGH D., 592 So. 2d 1211 (Fla. Dist. Ct. App. 1992)

. . . the property by right of survivorship, she found that she had only a life, estate pursuant to section 732.401 . . . constructive trust would circumvent the public policy of the State of Florida as reflected in section 732.401 . . .

SUN FIRST NATIONAL BANK OF POLK COUNTY, W. v. E. FRY, Jr. A. Jr. A. III,, 579 So. 2d 869 (Fla. Dist. Ct. App. 1991)

. . . Under section 732.401(1), Florida Statutes (1989), if the homestead is not properly devised according . . . spouse, her will, devising the property to a trust, constituted an improper devise, bringing section 732.401 . . .

PEDRICK v. CITIZENS AND SOUTHERN TRUST COMPANY, 48 Fla. Supp. 2d 148 (Fla. Cir. Ct. 1991)

. . . death by statute to the surviving spouse for life with the remainder to the adult son as provided in § 732.401 . . .

E. WADSWORTH, III, v. FIRST UNION NATIONAL BANK OF FLORIDA,, 564 So. 2d 634 (Fla. Dist. Ct. App. 1990)

. . . majority opinion purports to only hold that the constitution “primarily controls” rather than section 732.401 . . . include “adult” children as well as “minor” children, all of whom under the present statute, section 732.401 . . . By section 732.401(1) and section 732.4015, Florida Statutes, the legislature has clearly answered that . . . exercising the legislative function and making public policy by enacting statutes, such as section 732.401 . . . At his death under section 732.401(1), Florida Statutes, the homesteader’s homestead property passed . . . Additionally sections 732.401 and 732.-4015, Florida Statutes (1987) provide statutory support for the . . . above constitutional provision. 732.401 Descent of homestead.— (1) If not devised as permitted by law . . . Because section 732.401, above set out, defines how homestead property descends, the appellants have . . . Appellants urge that section 732.401 somehow vests some rights in them. We disagree. . . .

HARTWELL, v. BLASINGAME,, 564 So. 2d 543 (Fla. Dist. Ct. App. 1990)

. . . Hartwell’s statutory rights as an heir or lineal descendant, pursuant to section 732.401(1), Florida . . . Jurmu’s death and that it must descend pursuant to section 732.401(1), Florida Statutes (1987), because . . . Section 732.401(1), Florida Statutes (1987), provides: If not devised as permitted by law and the Florida . . . On the other hand, section 732.401(1) may give Ms. . . . devise when the surviving spouse has signed a valid waiver, the rule of descent provided in section 732.401 . . .

SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, v. E. ZRILLIC, ESTATE OF E. ROMANS, v. E. ZRILLIC,, 563 So. 2d 64 (Fla. 1990)

. . . .; see also §§ 732.401-.4015, Fla.Stat. (1985), and a coverture restriction, art. X, § 5, Fla. . . .

PAREDES, v. B. McLUCAS,, 561 So. 2d 439 (Fla. Dist. Ct. App. 1990)

. . . elective share shall be in addition to exempt property and allowances as provided in part IV [Section 732.401 . . . is computed on all property and interests in property, real or personal ... except homestead (F.S.A. 732.401 . . .

In ESTATE OF F. GRANT, GRANT F. v. NORRIS,, 558 So. 2d 208 (Fla. Dist. Ct. App. 1990)

. . . .” § 732.401(1), Fla. Stat. (1987). . . .

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

. . . constituted a homestead within the meaning of Article X, section 4 of the Florida Constitution and sections 732.401 . . . See §§ 732.401; 732.-4015; 732.402, Fla.Stat. (1987). Here, Ms. Cates and Mr. . . .

In ESTATE OF DONOVAN, DONOVAN, v. M. HENDRICKSON,, 550 So. 2d 37 (Fla. Dist. Ct. App. 1989)

. . . devise set aside and the property pass under Article X, section 4(c), Florida Constitution, and section 732.401 . . .

In ESTATE OF A. SCHOLTZ,, 543 So. 2d 219 (Fla. 1989)

. . . At the same time, section 732.401, Florida Statutes (1985), which provides the means by which homesteads . . . Because John Scholtz died leaving a spouse, the descent of his property is controlled by section 732.401 . . .

R. CAVANAUGH, M. v. R. CAVANAUGH,, 542 So. 2d 1345 (Fla. Dist. Ct. App. 1989)

. . . at death was homestead under the meaning of article X, section 4, Florida Constitution, and section 732.401 . . . Section 732.401(1) provides: If not devised as permitted by law and the Florida Constitution, the homestead . . . instant case was homestead improperly devised, and therefore should pass in accordance with section 732.401 . . . the persons entitled to it under article X, section 4, of the Constitution of Florida, and sections 732.401 . . . to the proceedings and the fact of their merely being homestead beneficiaries by virtue of section 732.401 . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead. F.S. 733.604 Inventory. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead. F.S. 733.604 Inventory. . . .

C. CHAPMAN, v. CHAPMAN, M. III,, 526 So. 2d 131 (Fla. Dist. Ct. App. 1988)

. . . equal shares, per stirpes and not per capita) of my said child who shall survive me. .Currently section 732.401 . . .

In ESTATE OF C. BOYD,, 519 So. 2d 692 (Fla. Dist. Ct. App. 1988)

. . . Section 732.401 provides that the homestead property will descend in the same manner as other intestate . . .

In ESTATE OF B. CLEEVES, C. JEWETT, v. SUN BANK SOUTHWEST, N. A. B. Co- B. B. B. C. C. C. B. CLEEVES, v. In ESTATE OF B. CLEEVES,, 509 So. 2d 1256 (Fla. Dist. Ct. App. 1987)

. . . that the remaining undivided one-half interest descended in accordance with the provisions of section 732.401 . . . Cleeves and that, therefore, section 732.401 applied to that one-half so that the surviving spouse took . . . supreme court’s holding in Finch, the property must descend in accordance with the provisions of section 732.401 . . .

In ESTATE OF WALL, KELLEY, Ad P. a v. FLAGSHIP NATIONAL BANK OF BOYNTON BEACH, a, 502 So. 2d 531 (Fla. Dist. Ct. App. 1987)

. . . . § 732.401, § 732.4015; Fla. Const. Art. X, Sec. 4. . . .

E. EGAN, v. DEPARTMENT OF NAVY,, 802 F.2d 1563 (Fed. Cir. 1986)

. . . . § 732.401. Unlike the situation in Nesmith v. . . .

IN RE ESTATE OF JOHN B. CLEEVES,, 17 Fla. Supp. 2d 65 (Fla. Cir. Ct. 1986)

. . . this undivided one-half (Vi) interest descends in accordance with the provisions of Florida Statute § 732.401 . . .

In ESTATE OF A. SKURO, 487 So. 2d 1065 (Fla. 1986)

. . . prior to his death passes under the terms of the decedent’s will or under the provisions of section 732.401 . . .

IN RE ESTATE OF LEWIS E. IANDOLI, 17 Fla. Supp. 2d 60 (Fla. Cir. Ct. 1986)

. . . the time of his death, as defined in Article X, Section 4(c) of the Florida Constitution and Sections 732.401 . . . is not permitted under the Constitution, the homestead property must pass in accordance with Section 732.401 . . . Under the provisions of Section 732.401(1), Florida Statutes, the surviving spouse is to receive a life . . .

C. VAN PELT, v. ESTATE OF G. CLARKE,, 476 So. 2d 746 (Fla. Dist. Ct. App. 1985)

. . . , Van Pelt filed a motion to determine its status, contending it should descend pursuant to Section 732.401 . . .

In ESTATE OF A. SKURO, 467 So. 2d 1098 (Fla. Dist. Ct. App. 1985)

. . . upheld, the property does not pass under the will and instead all the children share in it under Section 732.401 . . .

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

. . . .; § 732.401-.4015, Fla.Stat. (1981). . . . It therefore passed directly to Johnson’s children pursuant to section 732.401, Florida Statutes (1981 . . . See § 732.401(1); § 732.103(1). . . . .

OSTYN, v. OLYMPIC,, 455 So. 2d 1137 (Fla. Dist. Ct. App. 1984)

. . . . § 732.401(2), Fla. Stat. (1983). That section of the statutes was enacted in 1975. . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . F.S. 732.401 Descent of homestead. F.S. 732.4015 Devise of homestead. F.S. 733.604 Inventory. . . .

In ESTATE OF J. MELISI,, 440 So. 2d 584 (Fla. Dist. Ct. App. 1983)

. . . See §§ 732.401 & 732.-4015, Fla.Stat. (1981). . . .

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 W. J. NEWMAN, PIERREPONT, v. HUMPHREYS,, 413 So. 2d 140 (Fla. Dist. Ct. App. 1982)

. . . . § 732.401, Fla.Stat. (1981), formerly § 731.27, Fla.Stat. (1968). . § 731.34, Fla.Stat. (1967). . . .

In ESTATE OF W. FINCH,, 401 So. 2d 1308 (Fla. 1981)

. . . the compatibility of article X, section 4(c), of the Florida Constitution, and sections 732.4015 and 732.401 . . . survived by a spouse and lineal descendants, and that the property should descend as provided in section 732.401 . . . Florida Probate Code and constitution, it descends by way of intestate succession, pursuant to section 732.401 . . . here was not a permitted one under the Constitution, the property passed in accordance with section 732.401 . . .

In R. CORYELL, III, C. MULLEN, R. III, v. M. CORYELL,, 12 B.R. 245 (Bankr. S.D. Fla. 1981)

. . . acquired a vested remainder in the subject property pursuant to former § 731.27, Fla.Stat. (1961), now § 732.401 . . .

BURDICK, v. BURDICK,, 399 So. 2d 410 (Fla. Dist. Ct. App. 1981)

. . . whom the real property homestead passed under the law of intestate succession, pursuant to Section 732.401 . . . Additional provisions relating to homestead appear in sections 732.401 and 732.4015, Florida Statutes . . .

In ESTATE F. RITZ, P. RITZ, v. W. RITZ J., 385 So. 2d 1102 (Fla. Dist. Ct. App. 1980)

. . . See § 732.401, Fla.Stat. . . . .

In ESTATE YANOWSKY, In ESTATE YANOWSKY,, 384 So. 2d 1297 (Fla. Dist. Ct. App. 1980)

. . . Section 732.401(2), Florida Statutes (1977), provides: (2) If the decedent was domiciled in Florida and . . .

In ESTATE W. FINCH,, 383 So. 2d 755 (Fla. Dist. Ct. App. 1980)

. . . survived by a spouse and lineal descendants, and that the property should descend as provided in Section 732.401 . . . a spouse and lineal descendants, the homestead passes under the provisions of Florida Probate Code 732.401 . . . If a devise violates the Florida Probate Code and Constitution, it descends under Section 732.401(1), . . . here was not a permitted one under the Constitution, the property passed in accordance with Section 732.401 . . .

In ESTATE W. FINCH,, 372 So. 2d 532 (Fla. Dist. Ct. App. 1979)

. . . sets aside that devise and requires the homestead to pass by intestacy laws as required in Section 732.401 . . .

MOXLEY v. WICKES CORPORATION,, 356 So. 2d 785 (Fla. 1978)

. . . This prohibition is found not only in the express language of § 732.401(2), Fla.Stat. (1975), but also . . .