(1) Upon the death of a married person, one-half of the property to which ss. 732.216-732.228 apply is the property of the surviving spouse, is not property of the decedent’s probate estate, and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent’s probate estate and is subject to testamentary disposition or distribution under the laws of succession of this state. The decedent’s one-half of that property is not in the elective estate. For purposes of this section, the term “probate estate” means all property wherever located that is subject to estate administration in any state of the United States or in the District of Columbia.
(2) If not previously waived pursuant to s. 732.702, the right of a surviving spouse to assert a claim arising under ss. 732.216-732.228 to any right, title, or interest in any property held by the decedent at the time of his or her death may be waived, wholly or partly, by a written contract, agreement, or waiver, signed by the surviving spouse, or any person acting on behalf of a surviving spouse, including, but not limited to, an attorney in fact; agent; guardian of the property; or personal representative, if the written contract, agreement, or waiver includes the following or substantially similar language:
“By executing this contract, agreement, or waiver, I intend to waive my right as a surviving spouse to assert a claim to any right, title, or interest in property held by the decedent at the time of the decedent’s death arising under the Florida Uniform Disposition of Community Property Rights at Death Act (ss. 732.216-732.228, Florida Statutes), wholly or partly, as provided herein.”
History.—s. 7, ch. 92-200; s. 32, ch. 2001-226; s. 107, ch. 2002-1; s. 4, ch. 2024-238.
