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The Florida elective share is a statutory right of a surviving spouse to claim 30% of the elective estate regardless of what the deceased spouse’s will provides. Created by Fla. Stat. § 732.201 et seq., the elective share prevents one spouse from completely disinheriting the other — even with a properly executed will, the surviving spouse can elect to take their statutory share instead of (or in addition to) whatever the will provides.
Florida’s elective share, under Fla. Stat. § 732.201 et seq., is a surviving spouse’s statutory right to claim 30% of the deceased spouse’s ‘elective estate’ regardless of the will’s provisions. It prevents one spouse from disinheriting the other. The elective estate includes the probate estate PLUS certain non-probate assets (revocable trust assets, joint accounts, POD accounts, life insurance owned by the decedent, retirement accounts, gifts within 1 year of death) under Fla. Stat. § 732.2035.
The surviving spouse must file an election with the probate court within the earlier of (a) 6 months after service of the Notice of Administration OR (b) 2 years after the decedent’s death (Fla. Stat. § 732.2135). Late elections are barred. The election is irrevocable once accepted. Once elected, the court appoints a ‘guardian ad litem’ if minor beneficiaries are affected and apportions the share from the elective estate.
The Florida ‘elective estate’ under Fla. Stat. § 732.2035 includes: (1) the probate estate; (2) the decedent’s interest in property in a revocable trust; (3) joint bank accounts with right of survivorship (decedent’s contribution); (4) POD/TOD accounts; (5) life insurance proceeds (if decedent owned the policy); (6) retirement accounts (401(k), IRA, pension); (7) certain transfers within 1 year of death; (8) property over which the decedent had a power of appointment. Excludes: homestead, exempt property, life insurance proceeds to specific named beneficiaries (in some cases), and irrevocable trust transfers more than 1 year pre-death.
Yes. A spouse can waive the right to the elective share by a written agreement signed during marriage (Fla. Stat. § 732.702) — typically in a prenuptial agreement or postnuptial agreement. The waiver must be voluntary, with fair disclosure of assets, and not unconscionable. Florida courts will set aside waivers that fail these requirements. A waiver can be partial (waive elective share but not homestead) or total.
30% of the elective estate. The percentage is fixed under Fla. Stat. § 732.2065 — it doesn’t vary by length of marriage, number of children, or other factors. The dollar amount varies dramatically depending on the size of the elective estate. For a $1 million elective estate, the spouse’s share is $300,000. The share is calculated AFTER certain debts and exemptions, so the surviving spouse may not receive exactly 30% of the gross elective estate.
Then the elective share doesn’t help. The spouse can choose to take what the will provides (which is more) instead of electing. The election is meant to provide a floor of protection — not to reduce what a generous will already provides. Spouses analyze the math before electing because the election is irrevocable and may include trade-offs (giving up homestead rights, giving up specific bequests, etc.).
It generally doesn’t add anything in intestate cases because the surviving spouse already receives substantial property under Florida intestate succession (Fla. Stat. § 732.102) — either 100% or 50% depending on whether descendants exist. If the intestate share is less than the elective share (rare but possible in complex blended-family situations), the spouse can elect.
Florida has strong anti-evasion rules. Transfers made within 1 year of death to defeat the elective share are usually included back in the elective estate (Fla. Stat. § 732.2035(2)). Irrevocable trusts created more than 1 year pre-death are generally excluded — but the trust must be a bona fide transfer (not a sham). Pre-marriage transfers are excluded. The strongest defense against an elective share is a valid waiver in a prenuptial or postnuptial agreement.
See the complete Florida probate guide — elective share, homestead, family allowance, and more spousal rights.

Managing Attorney, Zoecklein Law, P.A. · Florida Bar No. 0085615 · Stetson Law J.D. cum laude
Even a valid will can't eliminate the elective share.
What surviving spouses inherit when there's no will.
The administration process where elective share is claimed.
Miranda Pages serves as the Client Operations Manager, bringing over a decade of leadership and management experience in youth program administration. Throughout her career, she has overseen team operations, staff development, and program coordination, experience that translates seamlessly into managing client services and internal operations in a professional environment.
Known as the team’s go-to resource, Miranda is highly reliable and deeply dedicated to supporting both colleagues and clients. Her commitment to professionalism and service helps ensure the team operates efficiently while maintaining the high level of care clients expect.
Juan G. Croussett is a litigation attorney at Zoecklein Law, where he represents clients in complex probate and trust disputes and other contested matters. Known for his strong courtroom presence and strategic approach to advocacy, Juan focuses on protecting clients’ interests through thorough preparation, persuasive legal argument, and disciplined case management.
Juan earned his Juris Doctor from Florida Coastal School of Law and holds a Bachelor of Arts in Political Science and History from the University of South Florida. Over the course of his career, he has developed extensive litigation experience handling a variety of complex matters, including property disputes, dependency proceedings, and high-conflict cases involving sensitive family issues.
Before joining Zoecklein Law, Juan served as a Senior Attorney with the Florida Department of Children and Families and later as Lead Dependency Attorney at The Spring of Tampa Bay. In these roles, he regularly appeared in court, managed complex case portfolios, and advocated on behalf of individuals navigating difficult legal circumstances.
At Zoecklein Law, Juan brings this depth of litigation experience to guide clients through challenging disputes with clarity, diligence, and strong advocacy. He is committed to developing thoughtful legal strategies and delivering results-driven representation.
Outside of his legal practice, Juan is a devoted husband and father who values family and community
Keegan Ashmore Gothers is an attorney at Zoecklein Law, where he assists clients with probate, estate, guardianship, and other civil litigation matters. He is known for his strong analytical skills, attention to detail, and ability to navigate complex legal issues while providing thoughtful and strategic support throughout the litigation process.
Keegan earned his Juris Doctor from the University of Miami School of Law and holds a Bachelor of Science in Sports Administration with a minor in Business Administration from the University of Louisville. During law school, he distinguished himself in competitive arbitration competitions, earning recognition as a champion in the University of Miami MLB Arbitration Competition and a finalist in the Tulane International MLB Arbitration Competition.
Prior to joining Zoecklein Law, Keegan gained experience working on a variety of civil litigation matters, including real estate disputes, contract issues, probate matters, and business disputes. He has experience drafting pleadings, conducting legal research, preparing discovery, and assisting with depositions, mediations, and motion hearings.
Outside of his legal practice, Keegan enjoys watching sports, spending time with friends and family, and golfing. His background in athletics reflects a competitive spirit and team-oriented mindset that he brings to his work serving clients
Mr. Rubin currently focuses on probate administration, estate litigation, and general civil litigation. Mr. Rubin grew up in Miami, Florida, and graduated from the University of Miami where he obtained a Bachelor’s of Science in Communications.
Mr. Rubin obtained his juris doctorate degree from Florida International University College of Law in Miami, Florida. While at Florida International University, Mr. Rubin was a member of the Negotiation and Mediation Team, and competed in several competitions, including the Tulane Law School Professional Football Negotiation Competition. While at Florida International University, Mr. Rubin interned at the Miami-Dade State Attorney’s Office and the Broward Public Defender’s Office.
After graduating, Mr. Rubin worked at the Fort Myers Public Defender’s Office as an Assistant Public Defender, and then worked for Florida Rural Legal Services, where he focused on family and immigration law. Mr. Rubin joined Zoecklein Law, P.A. in July of 2023. While not working, Mr. Rubin enjoys spending time with his girlfriend and their three cats, four spiders, one snake, and one scorpion.
A Florida Bar licensed attorney since 2011 with a passion for justice, a track record of successful courtroom and jury trial experience, and a diverse background that extends beyond the legal world. As a past assistant state attorney and co-owner of a successful online business, I bring a unique blend of legal expertise and entrepreneurial spirit to everything I do.
My dedication to the well-being of the community began with my service in the U.S. Army Reserve, evolved into keeping drunk drivers off the street, and is now focused on helping people find closure during difficult times, putting loved ones to rest, and mitigating the injustices of the legal system.
I grew up in Tampa, Florida, and after 2 years at the American University in Washington, D.C., I returned to the state and graduated with honors from the University of Florida with a degree in history. I received my Juris Doctor from the University of Maine. After deciding New England winters were too gloomy, I returned to the state for a second time. When I am not working, I cherish spending time with my wife and our pets.
Mrs. Zoecklein is a highly accomplished and driven professional with a successful track record in both accounting and customer service. As a devoted spouse and parent to three wonderful children, She values the importance of work-life balance and strives to lead by example in maintaining a fulfilling family life alongside her career.
With an innate sense of self-drive and ambition, Mrs. Zoecklein has consistently demonstrated exceptional leadership and organizational skills, making her an invaluable asset to every team she has been a part of. Drawing from her experience in accounting, she has managed financial operations with precision and an eye for detail, ensuring smooth financial transactions and accurate record-keeping.
In the realm of customer service, Mrs. Zoecklein has honed her communication and interpersonal skills, establishing strong rapport with clients and colleagues alike. She takes great pride in delivering exceptional service, consistently exceeding expectations, and ensuring client satisfaction.
Outside of her professional pursuits, Mrs. Zoecklein finds immense joy in the company of her loving spouse and three children. She believes that family forms the cornerstone of a fulfilling life and embraces opportunities to create lasting memories with them. Whether it’s embarking on adventurous outings, engaging in creative endeavors, or simply relishing quality time at home.
With a perfect blend of professional dedication and family-centered values Mrs. Zoecklein embodies a well-rounded and driven individual, whose commitment to excellence extends to both her career and the cherished relationships that enrich her life.
Mr. Zoecklein’s primary focus centers on Probate and Plaintiff’s Civil Litigation. His esteemed team is actively handling cases across the State of Florida in the areas of probate administration, estate litigation, insurance claims, and business law. Hailing from Blacksburg, Virginia, he graduated cum laude from Virginia Tech with a degree in business management, successfully running multiple franchises in Virginia and North Carolina during his time there. Pursuing higher education, Mr. Zoecklein earned his juris doctorate degree cum laude, along with a Masters in Business Administration, from Stetson University College of Law, where he notably represented the university in numerous national and international legal academic competitions. A highlight of his law school journey was winning a National Moot Court competition for Stetson, displaying his exceptional legal acumen. During his time at Stetson, Brice also contributed to the Center for Advocacy of Elder Law and interned at the U.S. Attorney’s Office for the Middle District of Florida. Following graduation, he embarked on a career with a prominent insurance defense firm, but his passion for Plaintiff advocacy and consumer justice led him to dedicate his legal pursuits exclusively to the representation of consumer rights. Apart from his professional endeavors, Mr. Zoecklein treasures quality time with his wife and three children. Through his unwavering pursuit of justice, both inside and outside the courtroom, Brice Zoecklein exemplifies the essence of a compassionate advocate and a reputable professional, dedicated to upholding the values of integrity, empathy, and fairness in all aspects of his life.
Stetson University College of Law – cum laude
Virginia Polytechnic Institute – cum laude
Zoecklein Law focuses on the following Florida practice areas:
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