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Chapter 732 — Wills & Intestate Succession

Florida Statute 732.8031

“Forfeiture for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult”

What it means

Section 732.8031(1) applies to a surviving person convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as defined in s. 825.101, for conduct against the decedent or another person on whose death the beneficiary's interest depends. That person is not entitled to benefits under the will or the Florida Probate Code, and the estate passes as if the person had predeceased the decedent.

A final judgment of conviction creates a rebuttable presumption that the section applies. Without a qualifying conviction, the court may determine by the greater weight of the evidence whether the death was caused or contributed to by conduct defined in s. 825.102, s. 825.103, or s. 782.07(2). Subsections (2) and (3) apply the same rules to joint tenancies (severance, no survivorship) and to bonds, insurance policies, and other contractual arrangements.

Subsection (7): the section does not apply if clear and convincing evidence shows that the victim, if capacitated, ratified the person's retention of the inheritance or survivorship rights after a conviction of abuse, neglect, or exploitation. The ratification must be a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, that expresses a specific intent to allow the convicted person to retain those rights.

— What it says
  • Triggering convictions, in any state or foreign jurisdiction: abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult (§ 732.8031(1)).
  • Effect: no benefit under the will or Probate Code; the estate passes as if the convicted person predeceased the decedent (§ 732.8031(1)).
  • A final judgment of conviction creates a rebuttable presumption; absent one, the court may decide by the greater weight of the evidence (§ 732.8031(1)(a)-(b)).
  • Joint tenancies and tenancies by the entirety are severed, with no survivorship rights for the convicted person (§ 732.8031(2)).
  • A capacitated victim may ratify retention after a conviction by a sworn written instrument that expresses a specific intent to allow retention and is witnessed by two persons competent as witnesses to a will, proved by clear and convincing evidence (§ 732.8031(7)).
  • A purchaser for value without notice before rights are adjudicated is protected; a payor is not liable without notice more than 2 business days before payment (§ 732.8031(5)-(6)).

Text of the statute (2026)

§ 732.8031(1)
(1) A surviving person who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against the decedent or another person on whose death such beneficiary’s interest depends is not entitled to any benefits under the will of the decedent or the Florida Probate Code, and the estate of the decedent passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the abuser, neglector, exploiter, or killer passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. (a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section.
§ 732.8031(2)
(2) A joint tenant who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against another joint tenant decedent thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s sole property and as if the abuser, neglector, exploiter, or killer has no rights by survivorship. This subsection applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other financial institutions; and any other form of co-ownership with survivorship interests. (a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. (b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section.
§ 732.8031(6)
(6) Any insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless more than 2 business days before payment it receives at its home office or principal address written notice, or in the case of a financial institution it receives notice in accordance with s. 655.0201, of a claim under this section.
§ 732.8031(7)
(7) This section does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.8031.

History. s. 3, ch. 2021-221.

— In a Florida probate

How it applies

The section pairs a conviction with a presumption. A final judgment of conviction creates a rebuttable presumption that the section applies. Without a qualifying conviction, the court may decide by the greater weight of the evidence whether the death was caused or contributed to by conduct defined in s. 825.102, s. 825.103, or s. 782.07(2). The section reaches the will, joint property, and insurance or other contract proceeds. Subsection (7) provides a ratification exception for a capacitated victim, and subsection (6) limits payor liability.

Where this shows up

Pages on this site where § 732.8031 does real work:

Questions people ask

Can a person convicted of exploiting an elderly person still inherit from the victim in Florida?
Section 732.8031(1) provides that a person convicted of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult is not entitled to benefits under the victim's will or the Probate Code. A final judgment of conviction creates a rebuttable presumption that the section applies.
Can a victim restore an inheritance after a conviction under Florida Statute 732.8031?
Under subsection (7), the section does not apply if clear and convincing evidence shows that, after a conviction of abuse, neglect, or exploitation, the capacitated victim ratified retention by a valid written instrument that expresses a specific intent to allow retention, sworn to and witnessed by two persons who would be competent as witnesses to a will.

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 § 732.8031

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

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