FL estate risk
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.
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 to consider 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
Background 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.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for Florida
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for Florida
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.