Florida Statutes

Fla. Stat. § 732.2135 (2025)

Time of election; extensions; withdrawal.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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732.2135 Time of election; extensions; withdrawal.—

(1) Except as provided in subsection (2), the election must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death.

(2) Within the period provided in subsection (1), or 40 days after the date of termination of any proceeding which affects the amount the spouse is entitled to receive under s. 732.2075(1), whichever is later, but no more than 2 years after the decedent’s death, the surviving spouse or an attorney in fact or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election. For good cause shown, the court may extend the time for election. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension.

(3) The surviving spouse or an attorney in fact, guardian of the property, or personal representative of the surviving spouse may withdraw an election at any time within 8 months after the decedent’s death and before the court’s order of contribution.

(4) A petition for an extension of the time for making the election or for approval to make the election shall toll the time for making the election.

History.—s. 15, ch. 75-220; s. 13, ch. 99-343; s. 28, ch. 2001-226; s. 4, ch. 2006-134; s. 7, ch. 2009-115; s. 9, ch. 2017-121.

Note.—Former s. 732.212.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 2003–2022 · leading case: In Re Est. of Tensfeldt, 839 So. 2d 720 (Fla. 2d DCA 2003).

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In Re Est. of Tensfeldt, 839 So. 2d 720 (Fla. 2d DCA 2003). · cites it 2× “212 with section 732.2135, Florida Statutes (2001).”

Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 2× “§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.”

In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007). · cites it 2× “§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.”

In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011). · cites it 2× “§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.”

Velde v. Velde, 867 So. 2d 501 (Fla. 4th DCA 2004). · cites it 2× “See § 732.2135, Fla. Stat. (1999). However, because the decedent died before the current statute took effect, this case is governed by the 1997 version of section 732.”

In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010). · cites it 2× “§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.”

McDonald v. Johnson, 83 So. 3d 889 (Fla. 2d DCA 2012). “And section 732.2135(1) provides time limits on when a spouse must take the elective share.”

In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005). · cites it 6× “§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.”

In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). · cites it 2× “§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.”

Gregg Rasor v. In Re: Est. of Edward Bernard Rasor (Fla. 4th DCA 2022). · cites it 2× “The timing and procedure for a surviving spouse to take an elective share is governed by section 732.2135, Florida Statutes 2 Gregg also challenges the timeliness and service of Virginia’s election.”

In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019). · cites it 2× “§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.”

Show all 13 citing cases →

— 732.2135(1) — 1 case

McDonald v. Johnson, 83 So. 3d 889 (Fla. 2d DCA 2012). “And section 732.2135(1) provides time limits on when a spouse must take the elective share.”

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