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The Florida Statutes

The 2004 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
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Section 732.102, Florida Statutes 2004

732.102  Spouse's share of intestate estate.--The intestate share of the surviving spouse is:

(1)  If there is no surviving lineal descendant of the decedent, the entire intestate estate.

(2)  If there are surviving lineal descendants of the decedent, all of whom are also lineal descendants of the surviving spouse, the first $60,000 of the intestate estate, plus one-half of the balance of the intestate estate. Property allocated to the surviving spouse to satisfy the $60,000 shall be valued at the fair market value on the date of distribution.

(3)  If there are surviving lineal descendants, one or more of whom are not lineal descendants of the surviving spouse, one-half of the intestate estate.

History.--s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226.

Note.--Created from former s. 731.23.