1997 Florida Code
TITLE XLII ESTATES AND TRUSTS
Chapter 732 Probate Code: Intestate Succession And Wills
PART II ELECTIVE SHARE OF SURVIVING SPOUSE (ss. 732.201-732.228)
732.209 Elective share; from what assets payable.
732.209 Elective share; from what assets payable.--
(1) Unless otherwise provided in the will of the decedent, the elective share shall be paid from assets passing under the will which, but for the election, would have passed outright to the surviving spouse and then, to the extent such assets are insufficient, from assets in the order prescribed in s. 733.805.
(2) If property must otherwise be sold to provide the elective share, the person who would otherwise have been entitled to the property may pay the amount assessed against the property interest to the personal representative and receive the property.
History.--s. 15, ch. 75-220.
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