Spousal Elective Share In Florida
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FAQ
Are There Time Limits to Claim an Elective Share in Florida? In Florida, a spouse only has six months after receiving notice of estate administration or 2 years from the date of death to file an election to claim an elective share (Florida Statutes 732.2135).
Surviving spouses invoke their right to take an elective share most often when the decedent attempts to disinherit them or leaves them less than they would receive if they took an elective share. In Florida, the elective share a surviving spouse is entitled to is 30% of the decedent's elective estate.
In order to claim the elective share, you must file a written notice with the probate court within 6 months after the date of service of a copy of the notice of administration or 2 years after the date of the decedent's death.
The petition must: (A) give the name and address of each direct recipient known to the personal representative; (B) describe the proposed distribution of assets to satisfy the elective share, and the time and manner of distribution; and (C) identify those direct recipients, if any, from whom a specified contribution ...