2000 Florida Code
TITLE XLII ESTATES AND TRUSTS
Chapter 732 Probate Code: Intestate Succession And Wills
PART IV EXEMPT PROPERTY AND ALLOWANCES (ss. 732.401-732.403)
732.401 Descent of homestead.
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 lineal descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the lineal descendants in being at the time of the decedent's death.
(2) If the decedent was domiciled in Florida and resided on real property that the decedent and the surviving spouse owned as tenants by the entirety, the real property shall not be homestead property.
History.--s. 1, ch. 74-106; s. 17, ch. 75-220.
Note.--Created from former s. 731.27.
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