Elective Share in Florida
State-specific overview · Estate & Probate
A surviving spouse receives 30% of the estate if children exist, or the entire estate if no children survive.
How Florida treats Elective Share
Florida's elective share is 30% of the probate estate when the deceased has surviving descendants, and the entire estate when no descendants exist. The spouse must elect within six months after service of the notice of administration, though the court may extend this deadline. Florida's statute includes a detailed definition of what constitutes the 'elective estate,' which encompasses certain non-probate transfers and gifts made in contemplation of death.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Florida.