The right of election may be exercised:(1) By the surviving spouse.(2) With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime.History.—s. 15, ch. 75-220; s. 12, ch. 99-343; s. 27, ch. 2001-226; s. 6, ch. 2010-132.Note.—Former s. 732.210.
Right of election; by whom exercisable
Fla. Stat. § 732.2125, under Probate Code: Intestate Succession and Wills.
Fla. Stat. § 732.2125