Can a surviving spouse bring a probate claim in Florida?
July 22, 2026 – Daniel A. Seigel
In certain circumstances, a surviving spouse may pursue an elective share claim. Under current Florida law, the elective share is 30% of the elective estate, and the elective estate may include probate assets and certain non-probate assets. These disputes can arise when there is disagreement over valuation, asset inclusion, or the effect of prior transfers.
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