While election and determination of elective share may not pose a problem, enforcing contribution from beneficiaries can.

Under the Florida Probate Code, when a person’s spouse dies, the surviving spouse has the right to take an elective share pursuant to Florida Statute § 732.201.  An elective share is essentially Florida’s way of insuring that some money or property is left to the surviving husband or wife. The elective share estate includes not only probate assets but many assets which are designed to pass outside the probate estate.  Pursuant to Fla. Stat. § 732.2065, the elective share is equal to 30% of the elective estate.  A significant amount of litigation occurs regarding the elective share.  (more…)

DETAILS ON NOTICE TO CREDITORS IN FLORIDA PROBATE ESTATES

            The Personal Representative of an Estate must promptly publish a Notice to Creditors pursuant to Florida Statute 733.2121.  The Notice should contain the following:

1)    The name of the decedent;

2)    The file number of the estate;

3)    The designation and address of the Court in which the case has been filed;

4)    The name and address of the Personal Representative of the Estate;

5)    The name and address of the Personal Representative’s attorney; and

6)    The date of the first publication.  (more…)