2000 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)
732.2075   Sources from which elective share payable; abatement.

732.2075  Sources from which elective share payable; abatement.--

(1)  Unless otherwise provided in the decedent's will or, in the absence of a provision in the decedent's will, in a trust referred to in the decedent's will, the following are applied first to satisfy the elective share:

(a)  To the extent paid to or for the benefit of the surviving spouse, the proceeds of any term or other policy of insurance on the decedent's life if, at the time of decedent's death, the policy was owned by any person other than the surviving spouse.

(b)  To the extent paid to or for the benefit of the surviving spouse, amounts payable under any plan or arrangement described in s. 732.2035(7).

(c)  To the extent paid to or for the benefit of the surviving spouse, the decedent's one-half of any property described in s. 732.2045(1)(f).

(d)  Property held for the benefit of the surviving spouse in a qualifying special needs trust.

(e)  Property interests included in the elective estate that pass or have passed to or for the benefit of the surviving spouse.

(f)  Property interests that would have satisfied the elective share under any preceding paragraph of this subsection but were disclaimed.

(2)  If, after the application of subsection (1), the elective share is not fully satisfied, the unsatisfied balance shall be apportioned among the direct recipients of the remaining elective estate in the following order of priority:

(a)  Class 1.--The decedent's probate estate and revocable trusts.

(b)  Class 2.--Recipients of property interests included in the elective estate under s. 732.2035(2), (3), or (6) and, to the extent the decedent had at the time of death the power to designate the recipient of the property, property interests included under s. 732.2035(5) and (7).

(c)  Class 3.--Recipients of all other property interests included in the elective estate except interests for which a charitable deduction with respect to the transfer of the property was allowed or allowable to the decedent or the decedent's spouse under the United States gift tax laws.

(3)  The contribution required of the decedent's probate estate and revocable trusts may be made in cash or in kind. In the application of this subsection, subsections (4) and (5) are to be applied to charge contribution for the elective share to the beneficiaries of the probate estate and revocable trusts as if all beneficiaries were taking under a common governing instrument.

(4)  Unless otherwise provided in the decedent's will or, in the absence of a provision in the decedent's will, in a trust referred to in the decedent's will, any amount to be satisfied from the decedent's probate estate, other than from property passing to an inter vivos trust, shall be paid from the assets of the probate estate in the order prescribed in s. 733.805.

(5)  Unless otherwise provided in the trust instrument or, in the decedent's will if there is no provision in the trust instrument, any amount to be satisfied from trust property shall be paid from the assets of the trust in the order provided for claims under s. 737.3054(2) and (3). A direction in the decedent's will is effective only for revocable trusts.

History.--s. 15, ch. 75-220; s. 7, ch. 99-343.

Note.--Former s. 732.209.