Checklist For Election To Take Elective Share By Surviving Spouse

CHECKLIST FOR: ELECTION TO TAKE ELECTIVE SHARE BY SURVIVING SPOUSE. This form is used in Florida probate proceedings to ensure that a surviving spouse properly exercises their right to claim an elective share of the deceased spouse’s estate. The elective share is a statutory portion of the estate that the surviving spouse can claim, regardless of what was provided for them in the decedent’s will. The checklist ensures compliance with Fla. Stat. §§ 732.201, 732.2125, 732.2135, 732.702 and Fla. Probate Rule 5.360, tracking key procedural requirements. It verifies whether the decedent was domiciled in Florida and whether the election was timely and properly filed by the surviving spouse. The form also confirms whether a valid waiver of spousal rights exists and whether the election was submitted within the required deadlines—either six months after receiving the notice of administration or two years after the decedent’s death. It ensures that the election was properly served on the personal representative and that notice was given to all interested parties. If objections to the election are filed, a hearing may be required; otherwise, an order granting the election may be entered without further proceedings. www.FormsWorkflow.com