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The Florida Statutes

The 1998 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 732
Probate Code: Intestate Succession And Wills
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732.214  Proceedings on the election.--On petition of the personal representative or the surviving spouse and after notice and hearing, the court shall determine the amount of the elective share and order its payment in cash or in kind within a time certain from the assets of the estate subject to the elective share. No distribution shall be required until 6 months from the date of death, when no federal estate tax return is required to be filed, or until the tax return is timely filed, when required. The order may provide for partial distributions. On petition of any interested party after notice, the court may suspend distribution of the elective share or any part of it until final settlement of the federal estate tax liability of the estate. Assets distributed in kind shall be distributed at fair market value on the date of distribution.

History.--s. 15, ch. 75-220.