Affidavit of Continuous Marriage

Fla. Stat. § 732.401

Establish a surviving spouse's intestate share when a spouse dies without a will.

When a Florida resident dies without a will (intestate), the surviving spouse's share is determined by § 732.401, Florida Statutes.

An Affidavit of Continuous Marriage establishes that the marriage remained intact through the date of death — relevant when there may be questions about separation, divorce proceedings, or the validity of the marriage.

This affidavit may also be used in conjunction with a Disposition Without Administration (§ 735.301) petition to facilitate transfer of assets to a surviving spouse.

Not legal advice. This wizard helps you fill out court forms. For legal advice, contact a licensed Florida attorney or visit the Florida Bar Lawyer Referral Service.

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