Losing a spouse in Palm Beach is hard enough without uncertainty about your legal rights. Many surviving spouses fear they will be left out of an estate or pushed out of the family home. Florida law actually gives a surviving spouse powerful protections. Here are answers to the worries we hear most.
Can my spouse disinherit me in a Florida will?
Not entirely. Even if a will leaves you nothing, Florida’s elective share statute (Section 732.2065 and the related provisions) lets a surviving spouse claim 30% of the deceased spouse’s “elective estate.” That elective estate is broad and can include assets that would otherwise pass outside probate. This right exists specifically so a spouse cannot be cut out completely.
What happens to the Palm Beach home?
Florida’s homestead protection under Article X, Section 4 of the state constitution is one of the strongest spousal rights. If the home was the decedent’s homestead and there are minor children, the property descends in a way the will cannot override. If there are no minor children, a surviving spouse generally receives either a life estate in the homestead or, by electing, an undivided one-half interest. These rules protect the roof over your head and are separate from the elective share.
Is there money to live on while probate is pending?
Yes. Florida allows a family allowance of up to $18,000 to support the surviving spouse and dependents during administration. There is also an exempt property allowance covering certain household furnishings and vehicles up to statutory limits. These come off the top before general distributions, which helps a Palm Beach spouse cover immediate expenses.
What if there is no will at all?
Under Florida intestacy law, a surviving spouse’s share depends on whether there are descendants and whether they are shared. If all descendants are children of both spouses, the surviving spouse generally receives the entire intestate estate. If the decedent had children from another relationship, the spouse typically takes half. These default rules apply when no valid will exists.
Do I have to act within a deadline?
Yes, and this is where spouses get hurt. The elective share, the homestead election, and other rights have strict time limits tied to the probate proceeding in Palm Beach County. Miss the window and the right can be lost. Acting promptly after the estate is opened protects every option.
What about taxes on what I receive?
Florida imposes no state estate tax and no inheritance tax, so what passes to a surviving spouse is not reduced by a Florida death tax. Assets passing to a spouse also generally qualify for the federal marital deduction, so federal estate tax is rarely a concern for a typical Palm Beach household.
A note for surviving spouses
Florida stacks several protections in your favor, but they interact in complex ways and several carry deadlines. Before signing waivers or agreeing to a distribution, talk with a licensed Florida attorney who can confirm which rights apply to your situation and protect them within the required timeframes.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
