Florida Statutes Part II - Elective Share Of Surviving Spouse; Rights In Community Property (Ss. 732.201-732.228)

• 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...
• 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...
• 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...
• 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...
• 732.2055 - Valuation Of The Elective Estate.
  For purposes of s. 732.2035, “value” means:(1) In the case of any policy of insurance on the decedent’s life includable under s. 732.2035(4), (5), or (6),...
• 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...
• 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...
• 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...
• 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...
• 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;...
• 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(2)-(8), a payor or other third party is not liable for paying,...
• 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...
• 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...
• 732.2145 - Order Of Contribution; Personal Representative’s Duty To Collect Contribution.
  (1) The court shall determine the elective share and contribution. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution....
• 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...
• 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...
• 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...
• 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...
• 732.221 - Perfection Of Title Of Personal Representative Or Beneficiary.
  If the title to any property to which ss. 732.216-732.228 apply is held by the surviving spouse at the time of the decedent’s death, the...
• 732.222 - Purchaser For Value Or Lender.
  (1) If a surviving spouse has apparent title to property to which ss. 732.216-732.228 apply, a purchaser for value or a lender taking a security interest...
• 732.223 - Perfection Of Title Of Surviving Spouse.
  If the title to any property to which ss. 732.216-732.228 apply was held by the decedent at the time of the decedent’s death, title of...
• 732.224 - Creditor’s Rights.
  Sections 732.216-732.228 do not affect rights of creditors with respect to property to which ss. 732.216-732.228 apply.History.—s. 11, ch. 92-200.
• 732.225 - Acts Of Married Persons.
  Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. The reinvestment of any property...
• 732.226 - Limitations On Testamentary Disposition.
  Sections 732.216-732.228 do not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition...
• 732.227 - Homestead Defined.
  For purposes of ss. 732.216-732.228, the term “homestead” refers only to property the descent and devise of which is restricted by s. 4(c), Art. X...
• 732.228 - Uniformity Of Application And Construction.
  Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject...

Last modified: September 23, 2016