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Chapter 732 — Wills & Intestate Succession

Florida Statute 732.2135

“Time of election; extensions; withdrawal”

What it means

The election must be filed by the earlier of two dates: 6 months after service of a copy of the notice of administration on the surviving spouse (or the spouse's attorney in fact or guardian of the property), or 2 years after the decedent's death (§ 732.2135(1)).

A petition for an extension may be filed within that period, or within 40 days after a proceeding affecting the amount the spouse is entitled to under § 732.2075(1) ends, whichever is later, but no more than 2 years after the death. For good cause the court may extend the time (§ 732.2135(2)). A petition for an extension or for approval to make the election tolls the time (§ 732.2135(4)).

An election may be withdrawn within 8 months after the death and before the court's order of contribution (§ 732.2135(3)).

— What it says
  • Deadline: the earlier of 6 months after service of the notice of administration on the spouse or 2 years after death. (§ 732.2135(1))
  • Service on the spouse's attorney in fact or guardian of the property also starts the 6-month period. (§ 732.2135(1))
  • A petition to extend may be filed within the period or within 40 days after a related proceeding ends, but not later than 2 years after death. (§ 732.2135(2))
  • A petition for an extension, or for approval to make the election, tolls the time to elect. (§ 732.2135(4))
  • The election may be withdrawn within 8 months after the death and before the court's order of contribution. (§ 732.2135(3))

Text of the statute (2026)

§ 732.2135(1)
(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.
§ 732.2135(2)
(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.
§ 732.2135(3)
(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.
§ 732.2135(4)
(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.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.2135.

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.

— In a Florida probate

How it applies

The election period runs from service of the notice of administration or from the date of death, whichever deadline comes first. If no notice is served on the spouse, the 2-year limit applies.

Section 732.2135(2) allows a petition for an extension of time, and subsection (4) provides that the petition tolls the time to elect. An election can be withdrawn within 8 months after death if the court has not entered an order of contribution (§ 732.2135(3)).

Questions people ask

How long does a surviving spouse have to claim the elective share in Florida?
Under Florida Statute 732.2135(1), the election is due by the earlier of 6 months after the notice of administration is served on the spouse or 2 years after the death. For good cause the court may extend the time on a timely petition.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 732.2135

Published by the Probate.Help editorial team.How these pages are written and checked.

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