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Florida Statute 733.805 | Lawyer Caselaw & Research
F.S. 733.805 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 733.805

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
F.S. 733.805
733.805 Order in which assets abate.
(1) Funds or property designated by the will shall be used to pay debts, family allowance, exempt property, elective share charges, expenses of administration, and devises, to the extent the funds or property is sufficient. If no provision is made or the designated fund or property is insufficient, the funds and property of the estate shall be used for these purposes, and to raise the shares of a pretermitted spouse and children, except as otherwise provided in subsections (3) and (4), in the following order:
(a) Property passing by intestacy.
(b) Property devised to the residuary devisee or devisees.
(c) Property not specifically or demonstratively devised.
(d) Property specifically or demonstratively devised.
(2) Demonstrative devises shall be classed as general devises upon the failure or insufficiency of funds or property out of which payment should be made, to the extent of the insufficiency. Devises to the decedent’s surviving spouse, given in satisfaction of, or instead of, the surviving spouse’s statutory rights in the estate, shall not abate until other devises of the same class are exhausted. Devises given for a valuable consideration shall abate with other devises of the same class only to the extent of the excess over the amount of value of the consideration until all others of the same class are exhausted. Except as herein provided, devises shall abate equally and ratably and without preference or priority as between real and personal property. When property that has been specifically devised or charged with a devise is sold or used by the personal representative, other devisees shall contribute according to their respective interests to the devisee whose devise has been sold or used. The amounts of the respective contributions shall be determined by the court and shall be paid or withheld before distribution is made.
(3) Section 733.817 shall be applied before this section is applied.
(4) In determining the contribution required under s. 733.607(2), subsections (1)-(3) of this section and s. 736.05053(2) shall be applied as if the beneficiaries of the estate and the beneficiaries of a trust described in s. 733.707(3), other than the estate or trust itself, were taking under a common instrument.
History.s. 1, ch. 74-106; s. 88, ch. 75-220; s. 1, ch. 77-174; s. 1020, ch. 97-102; s. 156, ch. 2001-226; s. 38, ch. 2006-217.
Note.Created from former s. 734.05.

F.S. 733.805 on Google Scholar

F.S. 733.805 on Casetext

Amendments to 733.805


Arrestable Offenses / Crimes under Fla. Stat. 733.805
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.805.



Annotations, Discussions, Cases:

Cases from cite.case.law:

T. MOORE, v. ESTATE OF ALBEE, BY BENZENHAFER, A., 239 So. 3d 192 (Fla. App. Ct. 2018)

. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805 . . .

ESTATE OF P. MAHER, III, v. IGLIKOVA,, 138 So. 3d 484 (Fla. Dist. Ct. App. 2014)

. . . share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805 . . .

M. GEEZIL, v. SAVAGE J. Jr. Co- B., 127 So. 3d 867 (Fla. Dist. Ct. App. 2013)

. . . class 1 expenses, the probate court will need to consider the order in which assets abate under section 733.805 . . . On remand, the probate court will need to comply with the order in which assets abate under section 733.805 . . .

BASILE v. ALDRICH, In, 70 So. 3d 682 (Fla. Dist. Ct. App. 2011)

. . . See also § 733.805, Fla. . . .

LAURITSEN, v. WALLACE,, 67 So. 3d 285 (Fla. Dist. Ct. App. 2011)

. . . . § 733.805, Fla. Stat. (2007). . . .

T. CUTLER, v. CUTLER, In, 994 So. 2d 341 (Fla. Dist. Ct. App. 2008)

. . . as to the devise to Cynthia, to alter the general provisions of Florida’s abatement statute, section 733.805 . . .

McENDERFER, v. C. KEEFE,, 921 So. 2d 597 (Fla. 2006)

. . . SPECIFICALLY DEVISED, PASS TO GENERAL DEVISEES BEFORE RESIDUARY DEVISEES IN ACCORDANCE WITH SECTION 733.805 . . .

SHEETS, V. v. R. PALMER,, 917 So. 2d 246 (Fla. Dist. Ct. App. 2005)

. . . proportionate share of estate taxes and administrative expenses pursuant to sections 733.817(5)(a)l and 733.805 . . . See §§ 733.805(l)(d) & 733.817(l)(a), Fla. Stat. (1995). . . .

McKEAN, v. WARBURTON,, 919 So. 2d 341 (Fla. 2005)

. . . SPECIFICALLY DEVISED, PASS TO GENERAL DEVI-SEES BEFORE RESIDUARY DEVI-SEES IN ACCORDANCE WITH SECTION 733.805 . . . Relying on section 733.805, Florida Statutes (2004), the Fourth District concluded that residuary gifts . . . It then applied the estate assets, including the $141,000, in accordance with section 733.805 and found . . . Section 733.805(1), Florida Statutes (2004), provides that funds of the estate shall be used to pay debts . . .

In ESTATE OF MAHANEY, v. C., 903 So. 2d 234 (Fla. Dist. Ct. App. 2005)

. . . SPECIFICALLY DEVISED, PASS TO GENERAL DEVI-SEES BEFORE RESIDUARY DEVI-SEES IN ACCORDANCE WITH SECTION 733.805 . . .

WARBURTON, v. McKEAN W. Co- II,, 877 So. 2d 50 (Fla. Dist. Ct. App. 2004)

. . . . § 733.805, Fla. Stat. (2002); In re Estate of Potter, 469 So.2d 957, 959 (Fla. 4th DCA 1985). . . . SPECIFICALLY DEVISED, PASS TO GENERAL DEVI-SEES BEFORE RESIDUARY DEVI-SEES IN ACCORDANCE WITH SECTION 733.805 . . .

VIA, v. PUTNAM,, 656 So. 2d 460 (Fla. 1995)

. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805 . . .

AZCUNCE, a R. v. ESTATE OF R. AZCUNCE,, 586 So. 2d 1216 (Fla. Dist. Ct. App. 1991)

. . . share of the estate that is assigned to the pretermitted child shall be obtained in accordance with § 733.805 . . .

In ESTATE OF LANE,, 562 So. 2d 352 (Fla. Dist. Ct. App. 1990)

. . . Rather, section 733.805, Florida Statutes (1987), provides the guide for appropriation of estate proceeds . . . and direct that it should be assessed against the residuary portion of the estate pursuant to section 733.805 . . . On remand, both awards should be assessed in accordance with section 733.805, Florida Statutes (1987) . . .

In ESTATE OF C. J. LENAHAN, N. LENAHAN, v. L. LENAHAN, Sr. J. Jr., 511 So. 2d 365 (Fla. Dist. Ct. App. 1987)

. . . Finally, the provisions of Sections 733.805 and 733.817, Florida Statutes (1981), relating to apportionment . . . Section 733.805(1) provides that if the testator makes provision by his will or designates the funds . . .

IN RE ESTATE OF LEWIS E. IANDOLI, 22 Fla. Supp. 2d 8 (Fla. Cir. Ct. 1986)

. . . Further, the definitions of “devise” and “property” in F.S. 731.201-, and F.S. 733.805’s provisions regarding . . .

A. HAYES, v. ESTATE OF C. HAYES,, 479 So. 2d 304 (Fla. Dist. Ct. App. 1985)

. . . Her basis for objection was section 733.805(2), Florida Statutes (1983), which provides for preferential . . . She claimed that under section 733.805(2), she was entitled to the entire remaining distributable estate . . . Section 733.805(2) grants preferential treatment to a surviving spouse when applying rules of abatement . . . in her deceased husband’s estate; therefore, her devise does not come within the purview of section 733.805 . . .

In ESTATE OF D. POTTER,, 469 So. 2d 957 (Fla. Dist. Ct. App. 1985)

. . . The above exposition is supported by the provisions of section 733.805, Florida Statutes (1983): (1) . . .

B. Jr. v., 82 T.C. 952 (T.C. 1984)

. . . Stat. sec. 733.805 (West 1975); First National Bank of Omaha v. . . . Stat. sec. 733.805 (West 1975)) did not apply equitably to all assets. . . .

J. PFEIFER v. VARNER,, 452 So. 2d 622 (Fla. Dist. Ct. App. 1984)

. . . . § 733.805(1) (1) If a testator makes provision by his will, or designates the funds or property to . . .

S. YOAKLEY, v. A. RAESE, In KELLY, 448 So. 2d 632 (Fla. Dist. Ct. App. 1984)

. . . I cannot agree that the provisions of a Florida Statute, specifically section 733.805, entitled “Order . . . Section 733.805, as the title suggests, provides a list of the testator’s assets that are to be utilized . . . will and the trust provision set out above, adequately provided for the payment of such taxes, section 733.805 . . . The statute, Section 733.805(1), Florida Statutes (1981), provided that such expenses shall be paid out . . . still owing, and if so, it is fully authorized under Section 733.817, read in conjunction with Section 733.805 . . . [Emphasis supplied.] .733.805 Order in which assets are appropriated.— (I) If a testator makes provision . . .

ESTATE OF F. GANIER, v. ESTATE OF GANIER,, 418 So. 2d 256 (Fla. 1982)

. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s..733.805 . . .

In ESTATE OF H. DUMAS, DUMAS, v. SANFORD, 413 So. 2d 58 (Fla. Dist. Ct. App. 1982)

. . . the estate that is assigned to the pretermitted spouse shall be obtained in accordance with section 733.805 . . .

In ESTATE OF H. RICE, RICE, Dr. S. Jr. v. A. GREENBERG H., 406 So. 2d 469 (Fla. Dist. Ct. App. 1981)

. . . See § 733.805, Fla.Stat. (1977). . . . Consequently, we hold that, pursuant to Section 733.805(1), Florida Statutes (1977), the bank shares . . . activated because apportionment was not necessary since it was not a specific bequest under Section 733.805 . . .

GANIER, DOOLAN, v. F. GANIER,, 402 So. 2d 418 (Fla. Dist. Ct. App. 1981)

. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with § 733.805 . . .

S. HOFFMAN, v. KOHNS, L., 385 So. 2d 1064 (Fla. Dist. Ct. App. 1980)

. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805 . . .