If a spouse dies without a will or had a will made prior to the date of marriage which fails to provide for the spouse (also referred to as a pretermitted spouse), the surviving spouse’s share is as follows:

a) If there is no surviving child of the deceased spouse, 100% of the estate.
b) If the deceased spouse is survived by one or more children, all of whom are also children of
the surviving spouse, and the surviving spouse has no other children, 100% of the estate.
c) If there are one or more surviving children of the deceased spouse who are not the children
of the surviving spouse, 50% of the estate.
d) If there are one or more surviving children of the deceased spouse, all of whom are also
children of the surviving spouse, and the surviving spouse has one or more children who
are not children of the deceased, 50% of the estate.

The intestate share is in addition to any right for homestead, exempt property and family allowance. In lieu of receiving an intestate share of the probate estate, a spouse may choose to take the elective share of the estate by providing timely notice to the personal representative. Follow the link for further information on Florida elective share.

Ms. Rountree has dealt with a variety of spousal right issues in probate proceedings. She has successfully litigated and settled elective share, homestead, and family allowance disputes on behalf of her clients. Shannon L. Rountree, P.A. offers services to represent spouses and fiduciaries in connection with intestate share, elective share, homestead, family allowance, and exempt property claims.

Follow the link to return to the main page on Florida surviving spouse rights.