What is the elective share?
November 28, 2024 – Daniel A. Seigel
The elective share allows a surviving spouse to claim a portion of their deceased spouse’s estate, regardless of the terms of the will. Chapter 732 of the Florida statutes explains the framework for the elective share, which is currently set at 30% of the elective estate. The elective estate includes probate assets and certain non-probate assets, for a comprehensive calculation that reflects the decedent’s financial situation.
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