Understanding Probate: Rights of Surviving Spouse and Children (FL) | Practical Law

Understanding Probate: Rights of Surviving Spouse and Children (FL) | Practical Law

A Practice Note summarizing the benefits and entitlements available to a decedent's spouse and children as part of a Florida estate administration proceeding. This Note includes a discussion of the rights of a surviving spouse and children in intestacy, the rules regarding a family allowance and exempt property, including homestead property, an omitted child's right to a pretermitted child's share, a surviving spouse's right to an elective share or pretermitted spouse's share, depending on the circumstances, a surviving spouse or child's rights to act as personal representative of a decedent's estate, and the requirements for waiver of a spouse's rights and entitlements.

Understanding Probate: Rights of Surviving Spouse and Children (FL)

Practical Law Practice Note w-014-8963 (Approx. 16 pages)

Understanding Probate: Rights of Surviving Spouse and Children (FL)

by Practical Law Trusts & Estates
MaintainedFlorida
A Practice Note summarizing the benefits and entitlements available to a decedent's spouse and children as part of a Florida estate administration proceeding. This Note includes a discussion of the rights of a surviving spouse and children in intestacy, the rules regarding a family allowance and exempt property, including homestead property, an omitted child's right to a pretermitted child's share, a surviving spouse's right to an elective share or pretermitted spouse's share, depending on the circumstances, a surviving spouse or child's rights to act as personal representative of a decedent's estate, and the requirements for waiver of a spouse's rights and entitlements.