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The Florida Statutes

The 2017 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
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F.S. 732.2135
1732.2135 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.
1Note.Section 13, ch. 2017-121, provides that “[e]xcept as otherwise provided in this act, the amendments made by this act apply to decedents whose death occurred on or after July 1, 2017.”
Note.Former s. 732.212.