Right of election; by whom exercisable.

  1. Law
  2. Florida Statutes
  3. Estates and Trusts
  4. Probate Code: Intestate Succession and Wills
  5. Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)
  6. Right of election; by whom exercisable.

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(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.


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