Florida Statute 733.805
“Order in which assets abate”
What it means
To pay debts, family allowance, exempt property, elective share charges, expenses of administration, and devises, funds or property the will designates are used first, to the extent sufficient. If the will makes no provision, or the designated property is insufficient, estate property is used in this 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. The same order is used to raise the shares of a pretermitted spouse and children.
A demonstrative devise is treated as a general devise to the extent the fund or property it is payable from fails or is insufficient. Within a class, devises abate equally and ratably, with no preference between real and personal property. Devises to the surviving spouse given in satisfaction of, or instead of, statutory rights do not abate until other devises of the same class are exhausted. Devises given for valuable consideration abate with the same-class devises only to the extent the devise exceeds the value of the consideration, until the others in the class are exhausted. If specifically devised property is sold or used, other devisees contribute in amounts the court determines. Section 733.817 is applied before this section.
- Funds or property designated by the will are used first, to the extent sufficient (§ 733.805(1)).
- Default order: intestate property, then residuary devises, then property not specifically or demonstratively devised, then specific or demonstratively devised property (§ 733.805(1)(a)-(d)).
- A demonstrative devise is classed as a general devise to the extent its fund or property is insufficient (§ 733.805(2)).
- Within a class, devises abate equally and ratably, with no real or personal preference; spouse devises in satisfaction of statutory rights abate only after others in the class are exhausted (§ 733.805(2)).
- Section 733.817 (estate tax apportionment) is applied before this section (§ 733.805(3)).
- When specifically devised property is sold or used, other devisees contribute by amounts the court determines (§ 733.805(2)).
Text of the statute (2026)
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 733.805.
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.
How it applies
Abatement applies after the will's own designations and after estate taxes are apportioned under § 733.817. If a will leaves a general cash gift and a specifically devised house and debts exceed the residue, the general gift is reduced before the specifically devised house, unless the will designates other funds. Reductions within the same class are proportional. The same order applies when the estate must raise the share of a pretermitted spouse or child.
Where this shows up
Pages on this site where § 733.805 does real work:
- Florida spousal elective share: 30 percent of the elective estate, what the elective estate includes and leaves out, the filing deadline, waiver, the court process and a worked example
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
- Pretermitted spouse and child in Florida: the share owed when a will predates a marriage or birth
- Alexander McQueen
- Heath Ledger
Questions people ask
Sources
- Fla. Stat. § 733.805 (2026), flsenate.gov (Abatement order in subsection (1), class rules and contribution in (2), and the § 733.817 priority in (3).)
Last checked: October 17, 2026
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