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Practice Areas > Probate > Elective Share

The Florida elective share provides surviving spouses with a portion of a deceased spouse’s estate according to a detailed formula, based on the probate and non-probate assets of the deceased. If the surviving spouses is displeased with the inheritance created by the estate plan, the surviving spouse can instead take the Florida elective share, if the election is made in a timely manner. Under Florida law, the elective share is 30% of the elective estate.

Most surviving spouses can benefit from hiring a lawyer to ensure that the Florida elective share is computed properly and distributed according to 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. Once the election is made, the personal representative of the estate is required to prepare and file the elective estate inventory, which is filed with the court.

Florida Elective Share Statute.

If you believe that you or a loved one are entitled to a Florida elective share and have questions or need help, please call Florida Probate Lawyer Jeffrey Skatoff at 888-752-8633 or send one of our lawyers an email.