Florida Statute 732.201 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.201

732.201 Right to elective share.—The surviving spouse of a person who dies domiciled in 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. The election does not reduce what the spouse receives if the election were not made and the spouse is not treated as having predeceased the decedent.

History.—s. 1, ch. 74-106; s. 13, ch. 75-220; s. 1, ch. 99-343; s. 3, ch. 2016-189.

Note.—Created from former s. 731.34.

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Amendments to 732.201

Annotations, Discussions, Cases:

Cases Citing Statute 732.201

Total Results: 34

In Re Estate of Donner

364 So. 2d 742

District Court of Appeal of Florida | Filed: Oct 3, 1978 | Docket: 461728

Cited 26 times | Published

surviving spouse's right to take an elective share [§ 732.201, Fla. Stat. (1977)]. [11] Larna, a divorcee,

Via v. Putnam

656 So. 2d 460, 1995 WL 337970

Supreme Court of Florida | Filed: Jun 8, 1995 | Docket: 613626

Cited 12 times | Published

74-106, § 1, at 220-21, Laws of Fla. (creating § 732.201, Fla. Stat. (Supp. 1974)). The legislative staff

In Re Estate of Schriver

441 So. 2d 1105

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 1333073

Cited 7 times | Published

copy of which was attached to the election. Section 732.201, et seq. covers the surviving spouse's rights

Cody v. Cody

127 So. 3d 753, 2013 WL 6171299, 2013 Fla. App. LEXIS 18792

District Court of Appeal of Florida | Filed: Nov 26, 2013 | Docket: 60236846

Cited 6 times | Published

probate without further proof pursuant to section 732.201, the probate court has not actually admitted

In Re Brand

251 B.R. 912, 13 Fla. L. Weekly Fed. B 287, 44 Collier Bankr. Cas. 2d 1267, 2000 Bankr. LEXIS 939

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 17, 2000 | Docket: 1084863

Cited 5 times | Published

right of statutory construction. See FLA.STAT. § 732.201 (1999). "The elective share is a substitute for

Bravo v. Sauter

727 So. 2d 1103

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1438524

Cited 4 times | Published

estate. Bravo made an election, pursuant to section 732.201, Florida Statutes (1993), to claim an elective

In Re Estate of Gaspelin

542 So. 2d 1023, 1989 WL 29030

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 468942

Cited 4 times | Published

election to take elective share pursuant to section 732.201, Florida Statutes (1985). The election was

Smail v. Hutchins

491 So. 2d 301, 11 Fla. L. Weekly 1491

District Court of Appeal of Florida | Filed: Jul 8, 1986 | Docket: 2585771

Cited 4 times | Published

right to an elective share in his estate. See § 732.201 et seq. Fla. Stat. (1985). Accordingly, on April

Estate of Ganier

402 So. 2d 418

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 1691557

Cited 4 times | Published

can take an "elective share"[4] of the estate. § 732.201, Fla. Stat. (1979). See In Re Suarez Estate, 145

Estate of Garcia v. Garcia

399 So. 2d 486

District Court of Appeal of Florida | Filed: Jun 9, 1981 | Docket: 1652435

Cited 3 times | Published

statute likewise enacted after such execution (F.S. 732.201); wherefore, it is, ORDERED AND ADJUDGED as

In Re Amendments to the Florida Probate Rules

73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

Capacity; appointment of guardian advocate. § 732.201-732.2155, Fla. Stat. Elective share of surviving

Delgado v. Cotta De Lopez

546 So. 2d 1075, 1989 WL 59579

District Court of Appeal of Florida | Filed: Jun 6, 1989 | Docket: 1442363

Cited 2 times | Published

take an elective share of Maria's estate, see § 732.201, and for determination of homestead in certain

Ellis First Nat. Bank v. Downing

443 So. 2d 337

District Court of Appeal of Florida | Filed: Dec 28, 1983 | Docket: 1458241

Cited 2 times | Published

share of her husband's estate pursuant to section 732.201, Florida Statutes (1981). The bank interposed

Traub v. Zlatkiss

559 So. 2d 443, 1990 WL 41674

District Court of Appeal of Florida | Filed: Apr 12, 1990 | Docket: 1751402

Cited 1 times | Published

deceased husband's estate that is permitted by section 732.201, Florida Statutes. Thus the stage was set for

Williams v. Harrington

460 So. 2d 533

District Court of Appeal of Florida | Filed: Dec 12, 1984 | Docket: 1766619

Cited 1 times | Published

of her deceased husband's estate pursuant to § 732.201, Florida Statutes (1981), the residuary beneficiaries

GREGG RASOR v. IN RE: ESTATE OF EDWARD BERNARD RASOR

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198517

Published

this part, to be designated the elective share.” § 732.201, Fla. Stat. (2017). The timing and procedure for

MARILYN M. WILSON v. GREGORY P. WILSON, as Trustee of the PAUL C. WILSON LIVING TRUST and as Personal Representative of the ESTATE OF PAUL C. WILSON

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055465

Published

satisfy the Wife’s elective share pursuant to Section 732.201, et seq., of the Florida Statutes, provided

Sudman v. O'Brien

218 So. 3d 986, 2017 WL 1829479, 2017 Fla. App. LEXIS 6337

District Court of Appeal of Florida | Filed: May 5, 2017 | Docket: 6058978

Published

share of her deceased husband’s estate under section 732.201, Florida Statutes (2013). The trustee filed

McDonald v. Johnson

83 So. 3d 889, 2012 WL 246468, 2012 Fla. App. LEXIS 1090

District Court of Appeal of Florida | Filed: Jan 27, 2012 | Docket: 2411586

Published

deciding whether to take the elective share, see § 732.201, Fla. Stat. (2010), the surviving spouse sought

In Re Amendments to the Florida Probate Rules

50 So. 3d 578, 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722

Supreme Court of Florida | Filed: Sep 2, 2010 | Docket: 2396382

Published

Committee notes revised. Statutory References § 732.201, Fla. Stat. Right to elective share. § 732.2025

Foster v. Estate of Gomes

27 So. 3d 145, 2010 Fla. App. LEXIS 559, 2010 WL 322170

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 2410935

Published

election to take her elective share pursuant to section 732.201, et seq., Florida Statutes (2006). The personal

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

Committee notes revised. Statutory References § 732.201, Fla. Stat. Right to elective share. § 732.2025

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Committee notes revised. Statutory References § 732,201, Fla. Stat. Right to elective share. § 732.2025

Sauter v. Bravo

771 So. 2d 1213, 2000 WL 1593744

District Court of Appeal of Florida | Filed: Oct 25, 2000 | Docket: 1339743

Published

estate. Bravo made an election, pursuant to section 732.201, Florida Statutes (1993), to claim an elective

Faile v. Fleming

763 So. 2d 459, 2000 Fla. App. LEXIS 7222, 2000 WL 763752

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64799017

Published

elective share under these circumstances. Section 732.201, Florida Statutes (1999), provides that the

Taylor v. Johnson

581 So. 2d 1333, 1990 Fla. App. LEXIS 9481, 1990 WL 205427

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 64659950

Published

surviving spouse in Florida has the right under § 732.201, Florida Statutes (1989) to take an elective share

Paredes v. McLucas

561 So. 2d 439, 1990 Fla. App. LEXIS 3490, 1990 WL 64114

District Court of Appeal of Florida | Filed: May 17, 1990 | Docket: 64650667

Published

been supported by the language of repealed section 732.201 that was included in the Florida Probate Code

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

changes in committee notes. Statutory Reference F.S. 732.201-732.215. Elective share of surviving spouse

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

changes in committee notes. Statutory Reference F.S. 732.201-732.215 Elective share of surviving spouse.

Hayes v. Estate of Hayes

479 So. 2d 304, 10 Fla. L. Weekly 2749, 1985 Fla. App. LEXIS 17258

District Court of Appeal of Florida | Filed: Dec 11, 1985 | Docket: 64615912

Published

or may have, pursuant to the provisions of Section 732.201 of the Probate Code of the State of Florida

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

References F.S. 731.107 Adversary proceedings. F.S. 732.201 — 732.215 Elective share of surviving spouse

Pierrepont v. Humphreys

413 So. 2d 140, 1982 Fla. App. LEXIS 19920

District Court of Appeal of Florida | Filed: Apr 28, 1982 | Docket: 64589610

Published

statute was repealed in 1974 and replaced by § 732.201 et seq., Fla.Stat. (1974), giving a surviving

Pierrepont v. Humphreys

413 So. 2d 140, 1982 Fla. App. LEXIS 19920

District Court of Appeal of Florida | Filed: Apr 28, 1982 | Docket: 64589610

Published

statute was repealed in 1974 and replaced by § 732.201 et seq., Fla.Stat. (1974), giving a surviving

In re the Estate of Broome

375 So. 2d 594, 1979 Fla. App. LEXIS 15535

District Court of Appeal of Florida | Filed: Sep 26, 1979 | Docket: 64572136

Published

part of 1975, before the effective date of Section 732.201 et seq., Florida Statutes (1975). Accordingly