Florida Statute 732.2135
“Time of election; extensions; withdrawal”
What it means
The elective share runs on a hard clock. The election must be filed by the earlier of two dates: 6 months after the notice of administration is served on the surviving spouse (or the spouse's attorney in fact or guardian of the property), or 2 years after the decedent's death.
The court can extend the deadline on a petition filed within the election period — or within 40 days after the end of a proceeding affecting the amount — but never beyond the 2-year outer limit. A filed petition tolls the deadline, and an election can be withdrawn within 8 months after the death, so long as the court hasn't yet entered its order of contribution.
- Deadline: the earlier of 6 months after service of the notice of administration on the spouse or 2 years after the death.
- Service on the spouse's attorney in fact or guardian of the property starts the same 6-month clock.
- Extensions: on petition filed within the period — or within 40 days after a proceeding affecting the amount ends — but never more than 2 years after death.
- A petition for extension or for approval to elect tolls the time for making the election.
- Withdrawal: allowed within 8 months after the death and before the court's order of contribution.
How it plays out
This is the deadline we underline for every surviving spouse in the first meeting. Six months sounds generous; it isn't — valuing the elective estate routinely takes longer than the window, which is why the statute lets us petition for an extension and why that filing tolls the clock. When the numbers are close, we file protectively and finish the math afterward: the withdrawal right — 8 months from death — means a careful election can still be unwound if it turns out to gain nothing.
Where this shows up
Pages on this site where § 732.2135 does real work:
Questions people ask
