---
title: "List descendants who might take under an antilapse section"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/check-who-takes-a-gift-to-issue-who-did-not-survive/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-SF20261022-11-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List descendants who might take under an antilapse section

> The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.603 creates a substitute gift for a limited class of devisees.…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/check-who-takes-a-gift-to-issue-who-did-not-survive/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.603 creates a substitute gift for a limited class of devisees. From the will and the death certificates, copy the original beneficiary, whether the file describes that person as a grandparent or a descendant of a grandparent of the testator, any survivorship words, and the descendants of that beneficiary who survived. Leave the substitution blank. |
| What the lawyer must review | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.603(1) creates a substitute gift in the surviving descendants of a devisee, who take per stirpes, if the devisee is a grandparent or a descendant of a grandparent of the testator and is dead when the will is executed, fails to survive the testator, or must be treated as having predeceased. A contrary intent controls. Words of survivorship such as "if he survives me" or "my surviving children" are a sufficient contrary intent under subsection (3)(a). Subsection (4) says the section applies only to outright devises and appointments. Devises and appointments in trust, including to a testamentary trust, are subject to section 736.1106, which was not opened. The tool lists the facts and leaves the substitution blank. It does not distribute the gift. |
| Written for | United States |
| Applies to | [Check who takes a gift to issue who did not survive](https://ailawframework.com/practice/wills-estates-probate-and-succession/check-who-takes-a-gift-to-issue-who-did-not-survive.md) |

## Checking plan

- What the AI does: The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.603 creates a substitute gift for a limited class of devisees. From the will and the death certificates, copy the original beneficiary, whether the file describes that person as a grandparent or a descendant of a grandparent of the testator, any survivorship words, and the descendants of that beneficiary who survived. Leave the substitution blank.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Wills, intestacy and probate are state law; confirm the governing state before relying on this.
- The Florida example is 2025 Florida Statutes text. The Senate site says the text is unverified. Another state's statute was not opened.
- Do not apply this section to a devise in trust. Survivorship words can be a contrary intent. The lawyer decides.

## Sources

- [Florida Statutes section 732.603, Antilapse; deceased devisee; class gifts](https://www.flsenate.gov/Laws/Statutes/2025/732.603) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*