(1) By the surviving spouse.
(2) With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime.
History.—s. 15, ch. 75-220; s. 12, ch. 99-343; s. 27, ch. 2001-226; s. 6, ch. 2010-132.
Note.—Former s. 732.210.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 732 - Probate Code: Intestate Succession and Wills
Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)
732.201 - Right to elective share.
732.2035 - Property entering into elective estate.
732.2045 - Exclusions and overlapping application.
732.2055 - Valuation of the elective estate.
732.2065 - Amount of the elective share.
732.2075 - Sources from which elective share payable; abatement.
732.2085 - Liability of direct recipients and beneficiaries.
732.2095 - Valuation of property used to satisfy elective share.
732.2105 - Effect of election on other interests.
732.2115 - Protection of payors and other third parties.
732.2125 - Right of election; by whom exercisable.
732.2135 - Time of election; extensions; withdrawal.
732.2145 - Order of contribution; personal representative’s duty to collect contribution.
732.2151 - Award of fees and costs in elective share proceedings.
732.2155 - Effective date; effect of prior waivers; transition rules.
732.218 - Rebuttable presumptions.
732.219 - Disposition upon death.
732.221 - Perfection of title of personal representative or beneficiary.
732.222 - Purchaser for value or lender.
732.223 - Perfection of title of surviving spouse.
732.225 - Acts of married persons.