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Home » US Law » 2022 Florida Statutes » Title XLII - Estates and Trusts » Chapter 732 - Probate Code: Intestate Succession and Wills » Part IV - Exempt Property and Allowances (Ss. 732.401-732.403)

732.401 – Descent of homestead.

732.401 Descent of homestead.— (1) If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to […]

732.4015 – Devise of homestead.

732.4015 Devise of homestead.— (1) As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse if there is no minor child or minor children. (2) For the purposes […]

732.4017 – Inter vivos transfer of homestead property.

732.4017 Inter vivos transfer of homestead property.— (1) If the owner of homestead property transfers an interest in that property, including a transfer in trust, with or without consideration, to one or more persons during the owner’s lifetime, the transfer is not a devise for purposes of s. 731.201(10) or s. 732.4015, and the interest transferred does […]

732.402 – Exempt property.

732.402 Exempt property.— (1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.” (2) Exempt property […]

732.403 – Family allowance.

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. […]