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The Florida Statutes

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
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F.S. 732.2125
732.2125 Right of election; by whom exercisable.—The right of election may be exercised:
(1) By the surviving spouse.
(2) With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime.
History.—s. 15, ch. 75-220; s. 12, ch. 99-343; s. 27, ch. 2001-226; s. 6, ch. 2010-132.
Note.—Former s. 732.210.