Fla. Stat. » 732
Florida Statutes

Fla. Stat. § 732.2125 (2025)

Right of election; by whom exercisable.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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732.2125 Right of election; by whom exercisable.—The right of election may be exercised:
(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.
Notes of Decisions
Cited in 7 cases, 2000–2019 · leading case: In Re Brand, 251 B.R. 912 (Bankr. S.D. Florida 2000).
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In Re Brand, 251 B.R. 912 (Bankr. S.D. Florida 2000). · cites it 10× “See Fla.Stat. § 732.2125 (1999). Section 732.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 732.2125, Fla. Stat. Right of election; by whom exercisable.”
In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 2× “§ 732.2125, Fla. Stat. Right of election; by whom exercisable.”
In re Amendments to the Florida Prob. Rules, 51 So. 3d 1146 (Fla. 2010). “2010 Out-of-Cycle Report Revision: Subdivision (a)(2) amended to conform to an amendment to § 732.2125, Florida Statutes. Statutory References [No Change] Rule References [No Change] .”
In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). · cites it 2× “Rule History 1984 Revision – 2010 Revision [No Change] 2010 Out-of-Cycle Report Revision: Subdivision (a)(2) amended to conform to an amendment to §section 732.2125, Florida Statutes. 2012 Revision: Committee notes revised.”
In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). · cites it 2× “Rule History 1984 Revision – 2010 Revision [No Change] 2010 Out-of-Cycle Report Revision: Subdivision (a)(2) amended to conform to an amendment to §section 732.2125, Florida Statutes. 2012 Revision: Committee notes revised.”
In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). · cites it 2× “§ 732.2125, Fla. Stat. Right of election; by whom exercisable.”
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