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Chapter 732 — Wills & Intestate Succession

Florida Statute 732.216

“Short title”

Sections 732.217 to 732.219 were amended by ch. 2024-238.

What it means

Section 732.216 is a short title. Sections 732.216 to 732.228 may be cited as the Florida Uniform Disposition of Community Property Rights at Death Act.

The act covers personal property, wherever located, that was acquired as or became and remained community property under another jurisdiction's laws, was acquired with its income or proceeds, or is traceable to it. It also covers Florida real property acquired with or traceable to such property. Tenancy-by-the-entirety property and Florida homestead are excluded (§ 732.217).

At the death of a married person, one-half of the covered property belongs to the surviving spouse, is not part of the decedent's probate estate, and is not subject to the decedent's will. The other one-half is part of the probate estate (§ 732.219(1)).

— What it says
  • §§ 732.216 to 732.228 may be cited as the Florida Uniform Disposition of Community Property Rights at Death Act. (§ 732.216)
  • The act covers property acquired as, or traceable to, community property under the laws of another jurisdiction. (§ 732.217(1), (2))
  • Tenancy-by-the-entirety property and Florida homestead are excluded. (§ 732.217(1), (2))
  • At death, one-half of covered property is the surviving spouse's and is not subject to testamentary disposition. (§ 732.219(1))
  • The decedent's one-half is not in the elective estate. (§ 732.219(1))
  • A spouse may waive claims under the act in writing. (§ 732.219(2))

Text of the statute (2026)

§ 732.216
Sections 732.216-732.228 may be cited as the “Florida Uniform Disposition of Community Property Rights at Death Act.”
§ 732.217 (introduction)
Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person:
§ 732.219(1)
Upon the death of a married person, one-half of the property to which ss. 732.216-732.228 apply is the property of the surviving spouse, is not property of the decedent’s probate estate, and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent’s probate estate and is subject to testamentary disposition or distribution under the laws of succession of this state. The decedent’s one-half of that property is not in the elective estate. For purposes of this section, the term “probate estate” means all property wherever located that is subject to estate administration in any state of the United States or in the District of Columbia.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.216.

History. s. 4, ch. 92-200.

— In a Florida probate

How it applies

The act matters when a couple acquired property while domiciled in a community-property jurisdiction and later lived in Florida. Whether property is covered depends on how it was acquired and whether it is traceable to community property (§ 732.217).

Two rebuttable presumptions apply under § 732.218: property acquired during marriage while domiciled in a community-property jurisdiction is presumed covered, and Florida real property or other property acquired while domiciled elsewhere and titled with survivorship rights is presumed not covered.

Where this shows up

Pages on this site where § 732.216 does real work:

Questions people ask

Does Florida recognize community property?
For property brought from another jurisdiction, yes. Florida Statutes 732.216 to 732.228 provide that at death one-half of covered community property belongs to the surviving spouse and is not subject to the decedent's will (§ 732.219(1)).

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 732.216

Published by the Probate.Help editorial team.How these pages are written and checked.

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