FL risk area
Complexity triggers in Florida
Scenarios that increase estate risk, such as blended families or multi-state property.
Florida homestead rules limit who can inherit the primary residence, and the surviving spouse has a statutory elective share.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- Homestead property is subject to special devise restrictions when a surviving spouse or minor child exists.
- A surviving spouse may elect to take a statutory share of the elective estate.
Questions to consider
Questions this risk area helps you evaluate in Florida
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Florida homestead rules limit who can inherit the primary residence, and the surviving spouse has a statutory elective share.
- Homestead property is subject to special devise restrictions when a surviving spouse or minor child exists.
- A surviving spouse may elect to take a statutory share of the elective estate.
Sources
- https://law.justia.com/codes/florida/2024/title-xlii/chapter-732/section-732.4015/
- https://florida.public.law/statutes/fla._stat._732.201
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Florida.