If your spouse just died and you are a surviving spouse in Florida, there are decisions you need to make — and deadlines you need to meet — before you do anything else with the estate. Florida’s elective share law gives you powerful rights. But those rights come with strict time limits, and missing them means losing them permanently.
Your First Question: Were You Adequately Provided For?
Before you accept what the will or estate plan provides, you need to determine whether what you are receiving is at least 30% of your spouse’s elective estate. Under Florida Statute § 732.2035, you are entitled to 30% of the elective estate — a broad pool that includes not just probate assets, but also assets held in trusts, jointly owned property, and certain transfers your spouse made before death.
If the estate plan leaves you with less than 30% of the elective estate, you have the right to file an election and claim your statutory share. That right is valuable. It can mean hundreds of thousands of dollars — or more — in a large estate.
The Deadline Is Non-Negotiable
Florida law requires that the election be filed within 6 months after service of a copy of the formal notice of administration, or within 2 years after the decedent’s death — whichever is earlier. Courts have no discretion to extend this deadline. If you miss it, your right to an elective share is gone, no matter how strong your legal position would have been.
This means that if your spouse recently died and you are unsure whether you are receiving your fair share, you need to consult with a Florida probate attorney now — not after you have reviewed the documents, not after the estate is partially distributed, now.
What to Do Immediately
First, do not sign any waivers, receipts, or disclaimers before speaking with an attorney. Second, request copies of all estate documents including the will, any trusts, and the formal notice of administration. Third, contact a Florida probate attorney immediately to determine whether filing an election is in your interest. The decisions made in the first weeks after a spouse’s death often determine the financial outcome for years to come. Contact Weidner Law to protect your rights as a surviving spouse in Florida.
Read the Exact Statute
The Florida statutes cited in this article are published word-for-word — free, complete, and fully organized — at FloridaRules.net.
FloridaRules.net — Every Florida Probate Rule, Statute, and Case Commentary. In One Place.
