732.201 Right to elective share.—The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share. The election does not reduce what the spouse receives if the election were not made and the […]
732.2025 Definitions.—As used in ss. 732.2025-732.2155, the term: (1) “Direct recipient” means the decedent’s probate estate and any other person who receives property included in the elective estate by transfer from the decedent, including transfers described in s. 732.2035(9), by right of survivorship, or by beneficiary designation under a governing instrument. For this purpose, a beneficiary of […]
732.2035 Property entering into elective estate.—Except as provided in s. 732.2045, the elective estate consists of the sum of the values as determined under s. 732.2055 of the following property interests: (1) The decedent’s probate estate. (2) The decedent’s interest in property which constitutes the protected homestead of the decedent. (3) The decedent’s ownership interest in accounts or securities […]
732.2045 Exclusions and overlapping application.— (1) EXCLUSIONS.—Section 732.2035 does not apply to: (a) Except as provided in s. 732.2155(4), any transfer of property by the decedent to the extent the transfer is irrevocable before the effective date of this subsection or after that date but before the date of the decedent’s marriage to the surviving spouse. (b) Any transfer […]
732.2055 Valuation of the elective estate.—For purposes of s. 732.2035, “value” means: (1)(a) In the case of protected homestead: 1. If the surviving spouse receives a fee simple interest, the fair market value of the protected homestead on the date of the decedent’s death. 2. If the spouse takes a life estate as provided in s. 732.401(1), or validly […]
732.2065 Amount of the elective share.—The elective share is an amount equal to 30 percent of the elective estate. History.—s. 15, ch. 75-220; s. 1, ch. 81-27; s. 6, ch. 99-343. Note.—Former s. 732.207.
732.2075 Sources from which elective share payable; abatement.— (1) Unless otherwise provided in the decedent’s will or, in the absence of a provision in the decedent’s will, in a trust referred to in the decedent’s will, the following are applied first to satisfy the elective share: (a) Property interests included in the elective estate that pass or have […]
732.2085 Liability of direct recipients and beneficiaries.— (1) Only direct recipients of property included in the elective estate and the beneficiaries of the decedent’s probate estate or of any trust that is a direct recipient, are liable to contribute toward satisfaction of the elective share. (a) Within each of the classes described in s. 732.2075(2)(b) and (c), each […]
732.2095 Valuation of property used to satisfy elective share.— (1) DEFINITIONS.—As used in this section, the term: (a) “Applicable valuation date” means: 1. In the case of transfers in satisfaction of the elective share, the date of the decedent’s death. 2. In the case of property held in a qualifying special needs trust on the date of the decedent’s death, […]
732.2105 Effect of election on other interests.—The elective share shall be in addition to homestead, exempt property, and allowances as provided in part IV. History.—s. 15, ch. 75-220; s. 10, ch. 99-343; s. 26, ch. 2001-226. Note.—Former s. 732.208.
732.2115 Protection of payors and other third parties.—Although a property interest is included in the decedent’s elective estate under s. 732.2035(3)-(9), a payor or other third party is not liable for paying, distributing, or transferring the property to a beneficiary designated in a governing instrument, or for taking any other action in good faith reliance on […]
732.2125 Right of election; by whom exercisable.—The right of election may be exercised: (1) By the surviving spouse. (2) With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in […]
732.2135 Time of election; extensions; withdrawal.— (1) Except as provided in subsection (2), the election must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or guardian of the property […]
732.2145 Order of contribution; personal representative’s duty to collect contribution.— (1) The court shall determine the elective share and contribution. Any amount of the elective share not satisfied within 2 years of the date of death of the decedent shall bear interest at the statutory rate until fully satisfied, even if an order of contribution has not […]
732.2151 Award of fees and costs in elective share proceedings.— (1) The court may award taxable costs as in chancery actions, including attorney fees, in any proceeding under this part in which there is an objection to or dispute over: (a) The entitlement to or the amount of the elective share; (b) The property interests included in the elective […]
732.2155 Effective date; effect of prior waivers; transition rules.— (1) Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001. (2) Nothing in ss. 732.201-732.2155 modifies or applies to the rights of spouses […]
732.216 Short title.—Sections 732.216-732.228 may be cited as the “Florida Uniform Disposition of Community Property Rights at Death Act.” History.—s. 4, ch. 92-200.
732.217 Application.—Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person: (1) Personal property, wherever located, which: (a) Was acquired as, or became and remained, community property under the laws of another jurisdiction; (b) Was acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, community […]
732.218 Rebuttable presumptions.—In determining whether ss. 732.216-732.228 apply to specific property, the following rebuttable presumptions apply: (1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property […]
732.219 Disposition upon death.—Upon the death of a married person, one-half of the property to which ss. 732.216-732.228 apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent […]
