When a marriage spans decades and a lifetime of shared memories, the last thing anyone wants is for a surviving spouse to feel left out of the very home and savings they helped build. Florida law understands this. Whether your family settled in Palm Beach years ago or recently moved to be near the water, the state gives a surviving husband or wife strong protections that cannot simply be written away.
What the Elective Share Actually Is
Under Florida’s elective share statute (Section 732.2065 and the sections that follow), a surviving spouse may claim 30% of the deceased spouse’s “elective estate” instead of accepting only what the will leaves them. The elective estate is broad on purpose: it reaches beyond the probate estate to include certain trust assets, accounts with beneficiary designations, jointly held property, and assets transferred shortly before death. The goal is fairness, so one spouse cannot quietly move everything out of the will to disinherit the other.
The Homestead Protection That Comes First
Many Palm Beach families hold their most important asset in their home. Florida’s constitutional homestead protection (Article X, Section 4) gives a surviving spouse special rights to the marital residence. If the deceased spouse was survived by a spouse, the homestead generally cannot be left to anyone else outright. The surviving spouse typically receives either a life estate, with the remainder to the descendants, or may elect a one-half interest in the property. This protection sits alongside the elective share and reflects how seriously Florida treats keeping a spouse housed and secure.
Time Limits You Cannot Ignore
The right to claim the elective share is not automatic. A surviving spouse must file an election within a set window, generally the earlier of six months after being served with the notice of administration or two years after the date of death. Because Palm Beach estates often involve out-of-state heirs, multiple accounts, and family members coordinating from a distance, those months pass quickly. Missing the deadline can mean losing the right entirely.
When Spouses Plan Together
Couples can agree in advance how these rights will work through a valid prenuptial or postnuptial agreement, or a properly executed waiver. This is common in blended families, where each spouse wants to provide for children from a prior marriage while still caring for one another. Done correctly, these agreements bring clarity and prevent painful disputes later. Done carelessly, they can be challenged. The signing formalities and full financial disclosure matter a great deal.
A Comforting Note on Taxes
Here is one less worry for Palm Beach families: Florida has no state estate tax and no inheritance tax. A surviving spouse claiming an elective share or homestead interest does not face a Florida death tax on what they receive. That keeps the focus where it belongs, on honoring the marriage and protecting the person left behind.
Talk With a Florida Attorney
Spousal rights in Florida weave together the elective share, homestead, beneficiary designations, and any marital agreements, and each piece affects the others. Whether you are planning as a couple in Palm Beach or you have recently lost your spouse and want to understand your options, a licensed Florida estate planning or probate attorney can review your specific situation and protect what your family has built together.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles Article 81 guardianship in New York.