How Does Florida’s Elective Share Affect What You Can Leave to Your Spouse?

Miguelez Law

Oct 15

1 min read

Florida’s elective share creates a minimum inheritance right for a surviving spouse

The elective share is 30% of the elective estate, not simply 30% of the will

Non-probate assets may be included in the Florida elective estate

The elective share may be satisfied outright or through a properly structured trust

An elective share claim can affect gifts to children and other beneficiaries

Florida homestead rights are separate from the elective share

A spouse may waive the elective share in a marital agreement

The surviving spouse must make a timely election

Estate planning should measure the elective share before documents are signed

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