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The Florida Senate

2009 Florida Statutes

Section 732.401, Florida Statutes 2009

732.401  Descent of homestead.--

(1)  If not devised as permitted by law and the Florida Constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedent's death per stirpes.

(2)  Subsection (1) shall not apply to property that the decedent and the surviving spouse owned as tenants by the entirety.

History.--s. 1, ch. 74-106; s. 17, ch. 75-220; s. 37, ch. 2001-226; s. 12, ch. 2007-74.

Note.--Created from former s. 731.27.