Florida Statute 732.403 - 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. 732.403

732.403 Family allowance.—In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedent’s lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. The court may order this allowance to be paid as a lump sum or in periodic installments. The allowance shall not exceed a total of $18,000. It shall be paid to the surviving spouse, if living, for the use of the spouse and dependent lineal heirs. If the surviving spouse is not living, it shall be paid to the lineal heirs or to the persons having their care and custody. If any lineal heir is not living with the surviving spouse, the allowance may be made partly to the lineal heir or guardian or other person having the heir’s care and custody and partly to the surviving spouse, as the needs of the dependent heir and the surviving spouse appear. The family allowance is not chargeable against any benefit or share otherwise passing to the surviving spouse or to the dependent lineal heirs, unless the will otherwise provides. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. For purposes of this section, the term “lineal heir” or “lineal heirs” means lineal ascendants and lineal descendants of the decedent.

History.—s. 1, ch. 74-106; s. 19, ch. 75-220; s. 960, ch. 97-102; s. 40, ch. 2001-226.

Note.—Created from former s. 733.20.

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Amendments to 732.403

Annotations, Discussions, Cases:

Cases Citing Statute 732.403

Total Results: 9

Shriners Hospitals for Crippled Children v. Zrillic

563 So. 2d 64, 1990 WL 74588

Supreme Court of Florida | Filed: May 31, 1990 | Docket: 2518593

Cited 25 times | Published

402, Fla. Stat. (1985), and a family allowance, § 732.403, Fla. Stat. (1985). The Probate Code also protects

In Re Estate of Reed

354 So. 2d 864

Supreme Court of Florida | Filed: Jan 12, 1978 | Docket: 1682304

Cited 12 times | Published

no longer makes a sex-based classification, Section 732.403, Florida Statutes (1975); but the 1973 statute

Cutler v. Cutler

994 So. 2d 341, 2008 WL 4057751

District Court of Appeal of Florida | Filed: Sep 3, 2008 | Docket: 1217430

Cited 5 times | Published

ordered be paid to Judy. Id. at 695; see also § 732.403, Fla. Stat. (2004). Judy moved to compel the transfer

Dinkins v. Dinkins

120 So. 3d 601, 2013 WL 3834371, 2013 Fla. App. LEXIS 11732

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60234150

Cited 2 times | Published

201-.2155, Fla. Stat.; and family allowance, § 732.403.

Valdes v. Estate of Valdes

913 So. 2d 1229, 2005 Fla. App. LEXIS 17214, 2005 WL 2861179

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 64840828

Published

the decedent, Amado Luis Valdes, pursuant to section 732.403 of the Florida Statutes (2003). We have jurisdiction

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

731.104, Fla. Stat. Verification of documents. § 732,403, Fla. Stat. Family allowance. Rule References

Hoyt v. Hoyt

814 So. 2d 1254, 2002 Fla. App. LEXIS 6034, 2002 WL 851295

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 64814709

Published

lump-sum family allowance of $6000 pursuant to section 732.403, Florida Statutes (1995). Jeffrey Hoyt opposed

DeSmidt v. DeSmidt

563 So. 2d 193, 1990 WL 84422

District Court of Appeal of Florida | Filed: Jun 22, 1990 | Docket: 1281320

Published

allowance from her husband's estate pursuant to section 732.403, Florida Statutes (1987). The copersonal representatives

Estate of Sage v. Sage

515 So. 2d 1324, 12 Fla. L. Weekly 2659, 1987 Fla. App. LEXIS 11106, 1987 WL 1686

District Court of Appeal of Florida | Filed: Nov 18, 1987 | Docket: 64631157

Published

petition for family allowance, as authorized by section 732.403, Florida Statutes (1985). Appellee is the surviving