Florida § 732.301 Pretermitted spouse

Florida Statutes

§ 732.301 — Pretermitted spouse

Florida § 732.301

TitleXLII

Ch. 732PROBATE CODE: INTESTATE SUCCESSION AND WILLS

This text of Florida § 732.301 (Pretermitted spouse) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 732.301 (2026).

Text

When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:

(1)Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;

(2)The spouse is provided for in the will; or

(3)The will discloses an intention not to make provision for the spouse. The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805.

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When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:

(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;

(2) The spouse is provided for in the will; or

(3) The will discloses an intention not to make provision for the spouse.

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