Florida Statute 732.2135 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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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.

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Amendments to 732.2135

Annotations, Discussions, Cases:

Cases Citing Statute 732.2135

Total Results: 14 | Sort by: Relevance | Newest First

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In Re Est. of Tensfeldt, 839 So. 2d 720 (Fla. 2d DCA 2003).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 118210

...This case is controlled by section 732.212, Florida Statutes (1997). *726 In 1999, before Robert's death, the legislature substantially amended provisions regarding the elective share. See ch. 99-343, Laws of Fla. Those amendments replaced section 732.212 with section 732.2135, Florida Statutes (2001)....

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In Re Amendments to the Florida Prob. Rules, 73 So. 3d 205 (Fla. 2011).

Cited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

...Statutory reference to section 732.402, Florida Statutes, added. Committee Notes revised. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla....

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In Re Amendments to the Fl. Prob. Rules, 964 So. 2d 140 (Fla. 2007).

Cited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

...New subdivision (e) added to provide a deadline for objection by a person who waives service. Committee notes revised. Statutory References § 731.201(21)(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla....

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In re Amendments to the Florida Prob. Rules, 912 So. 2d 1178 (Fla. 2005).

Published | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

...2005 Revision: Subdivision (d) amended to clarify exception to mailing rule for service of formal notice and service in the manner provided for service of formal notice. Committee notes revised. Statutory References § 683.01, Fla. Stat. Legal holidays. § 731.301, Fla. Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla....

...New subdivision (b)(5) added regarding notice to file election to take elective share. Committee notes revised. Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla....

...Sources from which elective share payable; abatement. § 732.2085, Fla. Stat. Liability of direct recipients and beneficiaries. § 732.2095, Fla. Stat. Valuation of property used to satisfy elective share. § 732.2125, Fla. Stat. Right of election; by whom exercisable. § 732.2135, Fla....

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In re Amendments to the Florida Prob. Rules, 123 So. 3d 31 (Fla. 2013).

Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

..., such as the right to claim an elective share. Rule History 2013 Revision: New rule. Statutory References § 731.201(23), Fla. Stat. General definitions. § 731,301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla....

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In Re Amendments to the Florida Prob. Rules, 50 So. 3d 578 (Fla. 2010).

Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

...Sources from which elective share payable; abatement. § 732.2085, Fla. Stat. Liability of direct recipients and beneficiaries. *593 § 732.2095, Fla. Stat. Valuation of property used to satisfy elective share. § 732.2125, Fla. Stat. Right of election; by whom exercisable. § 732.2135, Fla....

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Amendments to Florida Prob. Rules, 807 So. 2d 622 (Fla. 2001).

Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

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

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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...- 14 - § 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla....

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Gregg Rasor v. In Re: Est. of Edward Bernard Rasor (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

...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.” § 732.201, Fla. Stat. (2017). 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....

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

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In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

...Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 393.12, Fla. Stat. Capacity; appointment of guardian advocate. § 683.01, Fla. Stat. Legal holidays. § 731.301, Fla. Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla....

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McDonald v. Johnson, 83 So. 3d 889 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 WL 246468, 2012 Fla. App. LEXIS 1090

...se's expert witness regarding the need for the requested discovery. Discovery of financial information "is relevant to the decision of whether or not to even seek an elective share." In re Estate of Sauey, 869 So.2d 664, 665 (Fla. 4th DCA 2004). And section 732.2135(1) provides time limits on when a spouse must take the elective share....

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Velde v. Velde, 867 So. 2d 501 (Fla. 4th DCA 2004).

Published | Florida 4th District Court of Appeal | 2004 WL 360881

...Stat. (1999). The new statute allows the surviving spouse to petition the court for an extension of time for making an election and to withdraw an election within eight months of the decedent's death and before the court's order of contribution. See § 732.2135, Fla....

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In Re: Amendments to the Florida Prob. Rules - 2019 Regular-Cycle Report (Fla. 2019).

Published | Supreme Court of Florida

...- 15 - § 709.2102(1), Fla. Stat. Definitions. § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 731.302, Fla. Stat. Waiver and consent by interested person. § 732.2135, Fla....