Glossary · Inheritance and Family Rights
Elective Share
A surviving spouse’s right to claim 30 percent of a Florida estate, even if the will leaves less.
The elective share is a protection that stops one spouse from disinheriting the other. A surviving spouse in Florida can choose to take a set percentage of the estate instead of whatever the will provides.
In Florida the elective share is 30 percent of the elective estate, which is broader than the probate estate. It can reach assets in revocable trusts, certain joint accounts, and other transfers, so it is hard to defeat by simply moving assets out of the will.
The surviving spouse must make the election within strict deadlines, and the choice is not always the better financial move, so it is worth running the numbers before electing.
In Florida
Florida sets the elective share at 30 percent of the elective estate. Because the elective estate includes far more than the probate assets, for example revocable trust property and some pay-on-death accounts, a spouse usually cannot be cut out just by retitling assets.
Common questions
How much is the elective share in Florida?
Thirty percent of the elective estate, which includes more than the probate estate, such as certain trust and pay-on-death assets.
Can a spouse waive the elective share?
Yes, usually through a valid prenuptial or postnuptial agreement with proper financial disclosure.
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Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Estate Planning and Probate
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This page is general information about Elective Share under Florida law and does not constitute legal advice. Every family and estate is different.