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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLII. ESTATES AND TRUSTS |
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CHAPTER 732. PROBATE CODE: INTESTATE SUCCESSION AND WILLS |
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PART I. INTESTATE SUCCESSION |
Latest version.
- 1The part of the intestate estate not passing to the surviving spouse under s. 15732.102, 16or the entire intestate estate if there is no surviving spouse, descends as follows:30(1) 31To the descendants of the decedent.37(2) 38If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them.56(3) 57If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters.78(4) 79If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order:113(a) 114To the grandfather and grandmother equally, or to the survivor of them.126(b) 127If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.148(c) 149If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.175(5) 176If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.219(6) 220If none of the foregoing, and if any of the descendants of the decedent’s great-grandparents were Holocaust victims as defined in s. 242626.9543(3)(a), 243including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.
History.-s. 1, ch. 74-106; s. 8, ch. 75-220; s. 1, ch. 77-174; s. 16, ch. 2001-226; s. 145, ch. 2004-390; s. 102, ch. 2006-1; s. 6, ch. 2007-74.
Note
Note.-Created from former s. 731.23.
