Does a surviving spouse have any rights to an intestate estate when there is a will?

In Florida, a surviving spouse has rights to an intestate estate when there is a will. This means that, even if a will exists, the surviving spouse still has certain rights to the estate that they must be considered and protected. Under the intestate succession law, the surviving spouse of a decedent may still inherit the decedent’s estate if there is a will in place. In order to claim those rights, the surviving spouse must file a “claim for elective share” within six months of the decedent’s death. If the surviving spouse files the claim, then the surviving spouse may take anywhere from 30 percent to 50 percent of the estate, depending on factors like the length of the marriage and the size of the estate. The surviving spouse also has the right to take an intestate share of the estate, even if there is a will in place. This means that the surviving spouse may receive a percentage of the estate even if the will states otherwise. For instance, if the will only specifies that the decedent’s children are entitled to receive the estate, the surviving spouse may still receive a portion of the estate. As you can see, a surviving spouse still has certain rights to an intestate estate in the state of Florida even when there is a will. In order to claim these rights, the surviving spouse must take certain steps to file a claim and protect their interests.

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Does a surviving spouse have any rights to an intestate estate when there is a will?

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