What is the elective share and what are the surviving spouse's right in it?
October 31st 2011
Section 732.201 states "The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share." This is the legal definition of the elective share. The elective share is 30% of the elective estate. What this means to the everyday Florida resident is that you may not disinherit your spouse in Florida. The only way to disinherit your spouse is through a prenuptial or postnuptial agreement where the spouse waives all their inheritance rights in the deceased spouse's property.