In Florida, a surviving spouse is entitled to receive a portion of a deceased spouse’s estate according to a formula established by the Florida Statutes, based on the probate and non-probate assets of the deceased, which is called an elective share and totals 30% of the elective estate.
If the surviving spouse is not satisfied with the inheritance created by his or her deceased spouse’s estate plan, then the surviving spouse can instead take the Florida elective share, provided that the “election” is made within the time limits established by Florida law.
The surviving spouse has 6 months from the receipt of the estate's notice of administration to make the Florida elective share election.
Florida Elective Share
If you believe that you or a loved one are entitled under Florida law to receive an elective share of an Estate or have questions and want to insure that the elective share is properly calculated and distributed according to Florida law, please call Clifford B. Hark at (561) 995-1800 or send an e-mail for a free initial consultation.