Florida’s Elective Share Statute

In Florida, Chapter 732 of Part II of the Florida Statutes is the Florida Probate Code. Pursuant to Section 732.201, Florida law enables married spouses to get elective shares of probate property. As such, partners can not disinherit one another from receiving at least some of their estate properties. The Florida Statutes enables a spouse to receive one-third of a partner’s optional estate.

A partner’s optional estate includes payable on death accounts, trust property, transfer on death accounts and specific property transferred within one year of the decedent’s death.
As a disinherited spouse, you can submit a composed petition to receive an elective share of your deceased spouse’s estate. Instead of what your spouse bestowed you, you will instead get an elective share. You must file your election within the statutory time limitations and may need to offer interested recipients notice of your election within 20 days after you file your petition. Generally, if you select the optional share, you must do so within six months of getting a notice of administration through service or within 2 years of a decedent’s death, whichever takes place. Before the 2001 statute was enacted, spouses usually had 4 months to submit their elections after very first publication notice.

The Florida legislature produced the elective share statute to prevent spousal disinheritances. The Florida statute ended up being efficient on Oct. 1, 2001, and all spouses who passed away on that date or after that date might elect statutory shares entitling them to 30 percent of decedents’ estates. Pursuant to the Florida optional share statute, the worth of a spouse’s elective share is 30 percent of the decedent’s probate assets. The portion is based upon the estate’s fair market price of its overall properties of property owned separately by the decedent after deducting probate and burial costs and after subtracting genuine debts owed to creditors and impressive liens or home loans.