The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.223

732.223 Perfection of title of surviving spouse.—If the title to any property to which ss. 732.216-732.228 apply was held by the decedent at the time of the decedent’s death, title of the surviving spouse may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the beneficiaries of the decedent with the approval of the probate court. The probate court in which the decedent’s estate is being administered has no duty to discover whether property held by the decedent is property to which ss. 732.216-732.228 apply. The personal representative has no duty to discover whether property held by the decedent is property to which ss. 732.216-732.228 apply unless a written demand is made by the surviving spouse or the spouse’s successor in interest within 3 months after service of a copy of the notice of administration on the surviving spouse or the spouse’s successor in interest.

History.—s. 10, ch. 92-200; s. 957, ch. 97-102; s. 35, ch. 2001-226.

F.S. 732.223 on Google Scholar

F.S. 732.223 on Casetext

Amendments to 732.223

Arrestable Offenses / Crimes under Fla. Stat. 732.223

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.223.

Annotations, Discussions, Cases:

Cases from cite.case.law:

JOHNSON, v. TOWNSEND,, 259 So. 3d 851 (Fla. App. Ct. 2018)

. . . memorandum argued that the wife's petition was untimely under sections 733.702(1), 733.710(1), and 732.223 . . . Section 732.223 states: If the title to any property to which ss. 732.216 - 732.228 apply was held by . . . First, the wife argued that section 732.223 shows on its face that a spouse's community property interest . . . According to the wife, section 732.223 does not establish a date or timeframe when a surviving spouse . . . Instead, the wife argued, section 732.223 is designed solely to limit a personal representative's duty . . .