What are the three secrets to what a surviving spouse in Florida inherits automatically and guaranteed? What is a surviving spouse? What should Orlando and West Palm Beach probate lawyers know about surviving spouses and inheritance rights? Have you heard of a Florida surviving spouse’s elective share? Elective share is a right that a husband and wife have to a guaranteed inheritance from their deceased spouse’s Florida estate. The law regarding elective shares in Florida has recently changed, so its important that you and your inheritance lawyer understand the changes.