2002 Florida Code
TITLE XLII ESTATES AND TRUSTS
Chapter 732 PROBATE CODE: INTESTATE SUCCESSION AND WILLS  
PART II ELECTIVE SHARE OF SURVIVING SPOUSE; RIGHTS IN COMMUNITY PROPERTY (ss. 732.201-732.228)
732.2055   Valuation of the elective estate.

732.2055  Valuation of the elective estate.--For purposes of s. 732.2035, "value" means:

(1)  In the case of any policy of insurance on the decedent's life includable under s. 732.2035(4), (5), or (6), the net cash surrender value of the policy immediately before the decedent's death.

(2)  In the case of any policy of insurance on the decedent's life includable under s. 732.2035(8), the net cash surrender value of the policy on the date of the termination or transfer.

(3)  In the case of amounts includable under s. 732.2035(7), the transfer tax value of the amounts on the date of the decedent's death.

(4)  In the case of other property included under s. 732.2035(8), the fair market value of the property on the date of the termination or transfer, computed after deducting any mortgages, liens, or security interests on the property as of that date.

(5)  In the case of all other property, the fair market value of the property on the date of the decedent's death, computed after deducting from the total value of the property:

(a)  All claims paid or payable from the elective estate; and

(b)  To the extent they are not deducted under paragraph (a), all mortgages, liens, or security interests on the property.

History.--s. 5, ch. 99-343; s. 22, ch. 2001-226.