Florida Statutes
Fla. Stat. § 732.201 (2025)
Right to elective share.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
732.201 Right to elective share.—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. The election does not reduce what the spouse receives if the election were not made and the spouse is not treated as having predeceased the decedent.
Note.—Created from former s. 731.34.
Notes of Decisions
Cited in 50
cases (2 in the last 5 years), 1978–2024 · leading case: Est. of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981).
Est. of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981). “§ 732.201, Fla. Stat. (1979). See In Re Suarez Estate, 145 Fla.”
In Re Est. of Donner, 364 So. 2d 742 (Fla. 3d DCA 1978). “(1977)] and replaced by the surviving spouse's right to take an elective share [§ 732.201, Fla. Stat. (1977)]. [11] Larna, a divorcee, had previously entered into a property settlement agreement with her former husband.”
In Re Est. of Gaspelin, 542 So. 2d 1023 (Fla. 2d DCA 1989). “Gaspelin filed a spouse's election to take elective share pursuant to section 732.201, Florida Statutes (1985).”
Matter of Est. of Keeven, 716 P.2d 1224 (Idaho 1986). “Another not insignificant feature of the Florida decision is that Florida has a statute, § 732.201 Fla. Stat. (1979) which provides that if a surviving spouse is dissatisfied with the provision in the will made for him or for her, the widow or widower has the right to take an…”
Via v. Putnam, 656 So. 2d 460 (Fla. 1995). “(creating § 732.201, Fla. Stat. (Supp. 1974)). The legislative staff summary regarding this enactment reads as follows: The term and concept of elective share will replace dower.”
Shriners Hospitals for Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990). “(1985), The Probate Code provides for an elective share, §§ 732.201-.215, Fla. Stat. (1985), personal property exemptions, § 732.”
Miano v. Thorne, 588 A.2d 189 (Conn. 1991). “4 See Fla. Stat. Ann. §§ 732.201 , 732.207 (West 1976).”
Collinson v. Miller, 903 So. 2d 221 (Fla. 2d DCA 2005). “See §§ 732.201,.206, .207, Fla. Stat. (1977).”
In Re Brand, 251 B.R. 912 (Bankr. S.D. Florida 2000). “See Fla.Stat. § 732.201 (1999). “The elective share is a substitute for dower and curtesy, which were abolished by Section 732.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). “Adversary proceed-ingSr §§ 732.201-732.2155, Fla. Stat. Elective share of surviving spouse.”
Gallagher Ex Rel. Est. of Evert v. Evert, 577 S.E.2d 217 (S.C. Ct. App. 2002). “4 See Fla. Stat. Ann. §§ 732.201 , 732.2125 (Supp.”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 732.201 — 732.215 Elective share of surviving spouse.”
— 732.201(4) — 1 case
In re Est. of Tencreda, 34 Fla. Supp. 2d 101 (Fla. Cir. Ct. 1989).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.