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Spousal Elective Share Law in Florida

In Florida, a surviving spouse can elect 30% of the elective estate, by filing by the earlier of 6 months after being served the notice of administration or 2 years after death; community property applies only through an opt-in community property trust.

Last checked . General information, not legal advice.

Florida at a glance

Elective share
30% of the elective estate
Deadline to elect
6 months after notice of administration (max 2 years)
The deadline is the earlier of 6 months after service of the notice of administration or 2 years after death; the court may extend it for good cause.
Community property state
Only by opt-in community property trust
Since July 1, 2021, spouses can classify property as community property by transferring it to a community property trust.

Sources

Last checked

The rules in Florida

How much can a surviving spouse claim in Florida if left out of the will?

Elective share in Florida: 30% of the elective estate.

What is the deadline to claim the elective share in Florida?

Deadline to elect in Florida: 6 months after notice of administration (max 2 years). The deadline is the earlier of 6 months after service of the notice of administration or 2 years after death; the court may extend it for good cause.

Is Florida a community property state?

Only by opt-in community property trust. Community property state in Florida: only by opt-in community property trust. Since July 1, 2021, spouses can classify property as community property by transferring it to a community property trust.

Where do the Florida spousal elective share laws come from?

The rules above come from Fla. Stat. 732.2065, Fla. Stat. 732.2135, Fla. Stat. 736.1502 and Fla. Stat. 736.1505. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.