Florida Probate & Trust Litigation Blog: Do you need a court order to file a late elective-share claim? (March 21, 2022)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses a surviving spouse’s right to an “elective share”. The article begins as follows:

A surviving spouse’s right to an “elective share” reflects Florida’s strong public policy favoring the protection of surviving spouses. On the other hand, the fact that elective-share claims are subject to filing deadlines reflects a potentially competing public policy favoring the speedy and efficient conclusion of probate proceedings.

Both of these public policy priorities are at play in F.S. 732.2135, the probate code provision governing elective-share filing deadlines.

732.2135(2) says you can file a late elective-share claim only if a judge decides there was “good cause shown.” In other words — it’s not guaranteed, you need a court order, and if the extension is granted, the judge sets your new filing deadline.

To see the full article, click: Do you need a court order to file a late elective-share claim?

Posted by Anthony Tran, Associate Editor, Wealth Strategies Journal

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