What is the elective share for a surviving spouse in Florida?
A surviving spouse in Florida may claim 30 percent of the elective estate, which can include homestead, joint and payable on death accounts, and revocable trust property.
The surviving spouse of a person who died domiciled in Florida may claim an elective share equal to 30 percent of the elective estate under sections 732.201 and 732.2065, Florida Statutes. Under section 732.2035, the elective estate can include protected homestead, payable on death and joint accounts, and property in a revocable trust.
Section 732.2135 requires the election to be filed by the earlier of 6 months after the spouse is served with the notice of administration or 2 years after the date of death.
The court may extend the time for good cause if the spouse petitions for an extension within the period allowed by that section, which can be no later than 2 years after the date of death.
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