The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.2135

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.

F.S. 732.2135 on Google Scholar

F.S. 732.2135 on Casetext

Amendments to 732.2135

Arrestable Offenses / Crimes under Fla. Stat. 732.2135

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.2135.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA PROBATE RULES, 123 So. 3d 31 (Fla. 2013)

. . . . § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla. Stat. . . .

McDONALD, v. JOHNSON Co- D. a a k a D., 83 So. 3d 889 (Fla. Dist. Ct. App. 2012)

. . . And section 732.2135(1) provides time limits on when a spouse must take the elective share. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . . § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732,402, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.2145, Fla. Stat. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.5165, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. . . . Waiver and consent by interested person. § 732.2135, Fla. Stat. . . . Right of election; by whom exercisable. § 732.2135, Fla. Stat. . . .

L. VELDE, L. S. Jr. W. v. W. VELDE K., 867 So. 2d 501 (Fla. Dist. Ct. App. 2004)

. . . See § 732.2135, Fla. Stat. (1999). . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.2145, Fla. Stat. . . .

In ESTATE OF C. TENSFELDT, v. M. v. M., 839 So. 2d 720 (Fla. Dist. Ct. App. 2003)

. . . Those amendments replaced section 732.212 with section 732.2135, Florida Statutes (2001). . . .