Florida Statute 732.2135 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

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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 Citing Statute 732.2135

Total Results: 14

GREGG RASOR v. IN RE: ESTATE OF EDWARD BERNARD RASOR

Court: District Court of Appeal of Florida | Date Filed: 2022-03-30

Snippet: take an elective share is governed by section 732.2135, Florida Statutes 2 Gregg also challenges the

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2019-11-14

Snippet: Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2013-09-26

Citation: 123 So. 3d 31, 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

Snippet: Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

McDonald v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 2012-01-27

Citation: 83 So. 3d 889, 2012 WL 246468, 2012 Fla. App. LEXIS 1090

Snippet: So.2d 664, 665 (Fla. 4th DCA 2004). And section 732.2135(1) provides time limits on when a spouse must

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2011-09-28

Citation: 73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Snippet: Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2010-09-02

Citation: 50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Snippet: Stat. Right of election; by whom exercisable. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In Re Amendments to the Fl. Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-07-12

Citation: 964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Snippet: Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2005-09-29

Citation: 912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Snippet: Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

Velde v. Velde

Court: District Court of Appeal of Florida | Date Filed: 2004-02-25

Citation: 867 So. 2d 501, 2004 WL 360881

Snippet: before the court's order of contribution. See § 732.2135, Fla. Stat. (1999). However, because the decedent

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: Stat. Right of election; by whom exercisable. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In Re Estate of Tensfeldt

Court: District Court of Appeal of Florida | Date Filed: 2003-01-15

Citation: 839 So. 2d 720, 2003 WL 118210

Snippet: amendments replaced section 732.212 with section 732.2135, Florida Statutes (2001). However, the legislature

Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2001-10-11

Citation: 807 So. 2d 622, 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Snippet: Stat. Right of election; by whom exercisable. § 732,2135, Fla. Stat. Time of election; extensions; withdrawal