Florida Statute 732.111

“Dower and curtesy abolished”

What it means

The operative text of § 732.111 is one sentence: dower and curtesy are abolished. Florida law no longer recognizes them.

The probate code gives a surviving spouse other rights. Section 732.702(1) lists them: the elective share, intestate share, pretermitted share, homestead, exempt property and family allowance. The elective share is 30 percent of the elective estate (§ 732.2065).

Text of the statute (2026)

Excerpts are the subsections the summary relies on. Read the full official text of § 732.111.

History. s. 1, ch. 74-106; s. 113, ch. 75-220.

How it applies

Florida has no common-law dower or curtesy share; a surviving spouse's rights come from the probate code (§ 732.702(1)).

Several of those rights can be waived in a signed, witnessed written agreement (§ 732.702(1)). Homestead is addressed in § 732.401, exempt property in § 732.402, and the elective share in §§ 732.201 to 732.2135.

Where this shows up

Pages on this site where § 732.111 does real work:

• Florida intestate succession: who inherits when there is no will, the spouse's share, descendants, parents, siblings and other relatives, the homestead, who is not an heir and steps to settle the estate
• William Shakespeare

Related sections

Questions people ask

Sources

• Fla. Stat. § 732.111, Dower and curtesy abolished (2026) ("Dower and curtesy are abolished.")
• Fla. Stat. § 732.702, Waiver of spousal rights (2026) (Lists the spouse's rights that can be waived: elective share, intestate share, pretermitted share, homestead, exempt property, family allowance.)

Last checked: October 17, 2026