(1) If there is no surviving descendant of the decedent, the entire intestate estate.
(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
History.—s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226; s. 5, ch. 2007-74; s. 2, ch. 2011-183.
Note.—Created from former s. 731.23.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 732 - Probate Code: Intestate Succession and Wills
Part I - Intestate Succession (Ss. 732.101-732.111)
732.102 - Spouse’s share of intestate estate.
732.103 - Share of other heirs.
732.104 - Inheritance per stirpes.
732.108 - Adopted persons and persons born out of wedlock.