Florida Statutes § 732.301

Pretermitted spouse

2026 Florida Statutes.

Amended 2026 Florida StatutesSee what changed

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. (1)
    Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
  2. (2)
    The spouse is provided for in the will; or
  3. (3)
    The will discloses an intention not to make provision for the spouse.

History

History.—s. 1, ch. 74-106; s. 16, ch. 75-220; s. 9, ch. 77-87.