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. 732.601

732.601 Simultaneous Death Law.—Unless a contrary intention appears in the governing instrument:

(1) When title to property or its devolution depends on priority of death and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if that person survived.

(2) When two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived.

(3) When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.

(4) When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

History.—s. 1, ch. 74-106; s. 34, ch. 75-220; s. 966, ch. 97-102; s. 50, ch. 2001-226.

Note.—Created from former s. 736.05.

F.S. 732.601 on Google Scholar

F.S. 732.601 on Casetext

Amendments to 732.601

Arrestable Offenses / Crimes under Fla. Stat. 732.601

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.601.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DARIAN, E. F. v. WEYMOUTH, P. a a J., 76 So. 3d 15 (Fla. Dist. Ct. App. 2011)

. . . predeceased the other, the probate court deemed their deaths to be simultaneous, pursuant to section 732.601 . . . Section 732.601(1), Florida Statutes, states: When title or property or its devolution depends on priority . . . Stat. § 732.601(1) (2004). . . .

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

. . . expressed in the will,” and the “rules of construction” contained in Part VI of chapter 732 (i.e., section 732.601 . . .

E. KING, E. A. v. FONT CORPORATION, a, 612 So. 2d 662 (Fla. Dist. Ct. App. 1993)

. . . See, e.g., § 732.601, Florida Statutes (1991) (the simultaneous death act); Rimmer v. . . .

S. SILVER, R. v. SCHROEDER, O., 474 So. 2d 857 (Fla. Dist. Ct. App. 1985)

. . . meaning or effect unless viewed in relation to a simultaneous death situation, consistent with section 732.601 . . . the decedent intended paragraph seven to modify the provisions of the Simultaneous Death Law, section 732.601 . . . Section 732.601, Florida Statutes (1983), the Simultaneous Death Law, provides: (5) This law shall not . . .

GERSON, V. III, v. A. HAINES,, 428 So. 2d 766 (Fla. Dist. Ct. App. 1983)

. . . under review is reversed with directions to permit descent and distribution in accordance with Sec. 732.601 . . .

In ESTATE SHINE,, 389 So. 2d 1191 (Fla. Dist. Ct. App. 1980)

. . . Under Section 732.601(1), Florida Statutes (1979), when the devise of property depends on the priority . . . Under such circumstances and considering that Section 732.601(1) expressly requires the trial court to . . .

In ESTATE YANOWSKY, In ESTATE YANOWSKY,, 384 So. 2d 1297 (Fla. Dist. Ct. App. 1980)

. . . Section 732.601(3), Florida Statutes (1977), provides: (3) When there is insufficient evidence that two . . .