§ 732.301, Fla. Stat. · Part III. PRETERMITTED SPOUSE AND CHILDREN
Pretermitted spouse.
Text — 2026 Florida Statutes
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.
Notes and commentary — not statutory text
History
s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87.
Note
Note.—Created from former s. 731.10.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
- Text hash
- sha256 94c86b8de9113b6045552cb8632e812dad6a9167efa001d88fd5c26ede3bb3fc
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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