How Long Do Surviving Spouses Have to Make a Claim to Their Spouse’s Florida Estate?
If you’re a surviving spouse, you’ve probably heard of Florida’s elective share. That is a spouse’s guaranteed inheritance that you receive regardless of what the will or trust says as long as you haven’t waived your rights to receive an inheritance from your spouse. In determining when you have to make that election, or exercise your inheritance rights, keep 2 important time periods in mind One is a 6 month time period and one is a two year time period. You should read Florida Statute, section 732.2125 and talk to a West Palm Beach probate litigation attorney about this important probate topic. 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 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.