Florida Statute 732.2135 - 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. 732.2135

732.2135 Time of election; extensions; withdrawal.—

(1) Except as provided in subsection (2), the election must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death.

(2) Within the period provided in subsection (1), or 40 days after the date of termination of any proceeding which affects the amount the spouse is entitled to receive under s. 732.2075(1), whichever is later, but no more than 2 years after the decedent’s death, the surviving spouse or an attorney in fact or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election. For good cause shown, the court may extend the time for election. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension.

(3) The surviving spouse or an attorney in fact, guardian of the property, or personal representative of the surviving spouse may withdraw an election at any time within 8 months after the decedent’s death and before the court’s order of contribution.

(4) A petition for an extension of the time for making the election or for approval to make the election shall toll the time for making the election.

History.—s. 15, ch. 75-220; s. 13, ch. 99-343; s. 28, ch. 2001-226; s. 4, ch. 2006-134; s. 7, ch. 2009-115; s. 9, ch. 2017-121.

Note.—Former s. 732.212.

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Amendments to 732.2135

Annotations, Discussions, Cases:

Cases Citing Statute 732.2135

Total Results: 14

In Re Estate of Tensfeldt

839 So. 2d 720, 2003 WL 118210

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 1708014

Cited 4 times | Published

Those amendments replaced section 732.212 with section 732.2135, Florida Statutes (2001). However, the legislature

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

Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In Re Amendments to the Fl. Probate Rules

964 So. 2d 140, 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458

Supreme Court of Florida | Filed: Jul 12, 2007 | Docket: 1689866

Cited 1 times | Published

Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

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

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

Published

spouse to take an elective share is governed by section 732.2135, Florida Statutes 2 Gregg also challenges

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In re Amendments to the Florida Probate Rules

123 So. 3d 31, 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

Supreme Court of Florida | Filed: Sep 26, 2013 | Docket: 60235089

Published

Stat. Waiver and consent by interested person. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

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

869 So.2d 664, 665 (Fla. 4th DCA 2004). And section 732.2135(1) provides time limits on when a spouse must

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

Stat. Right of election; by whom exercisable. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

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

Stat. Notice. § 732.107, Fla. Stat. Escheat. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

Velde v. Velde

867 So. 2d 501, 2004 WL 360881

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 1386552

Published

before the court's order of contribution. See § 732.2135, Fla. Stat. (1999). However, because the decedent

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

Stat. Right of election; by whom exercisable. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal

Amendments to Florida Probate Rules

807 So. 2d 622, 26 Fla. L. Weekly Supp. 663, 2001 Fla. LEXIS 2009, 2001 WL 1194323

Supreme Court of Florida | Filed: Oct 11, 2001 | Docket: 64812578

Published

Stat. Right of election; by whom exercisable. § 732,2135, Fla. Stat. Time of election; extensions; withdrawal