Counsel’s attention is directed to Florida Ethics Opinion 76-

16, dated April 4, 1977, for guidance regarding the duties of an attorney with respect to spousal rights. Rule History 1984 Revision: Extensive changes. Clarifies information to be included in a petition for elective share filed by a personal representative and specifies information to be included in an order determining elective share. Committee notes revised and expanded. 1988 Revision: Extensive changes. A new procedure has been added providing for optional service of a notice of election together with a copy of the election and a procedure to expose objections to and determine right to entitlement, separate from the pre-existing procedure of determination of amount and setting aside. Subdivisions (c) and (d) represent rule implementation of procedure January 1, 2026 Florida Probate Rules 164 in statute. Committee notes revised and expanded. Citation form changes in committee notes. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2001 Revision: Entire rule rewritten. Committee notes revised. 2003 Revision: Committee notes revised. 2005 Revision: Subdivision (a) amended to require service in the manner of formal notice of the notice of election. Subdivision (b)(3) amended to provide time period for personal representative to service notice of election on interested persons, and title revised. Subdivision (d)(2) amended to provide time limit and service requirement for elective estate inventory and petition for determination of amount of elective share. Committee notes revised. 2010 Cycle Report Revision: Committee notes revised. 2010 Out-of-Cycle Report Revision: Subdivision (a)(2) amended to conform to an amendment to section 732.2125, Florida Statutes. 2012 Revision: Committee notes revised. 2019 Revision: Subdivisions (a), (a)(2), (a)(2)(A), (a)(2)(D), (b)(1), (b)(2), and (d)(3) amended to change “attorney-in-fact” to “agent” to be consistent with chapter 709, Florida Statutes. Committee note revised. Statutory References § 732.201, Fla. Stat. Right to elective share. § 732.2025, Fla. Stat. Definitions. § 732.2035, Fla. Stat. Property entering into elective estate. § 732.2045, Fla. Stat. Exclusions and overlapping application. § 732.2055, Fla. Stat. Valuation of the elective estate. January 1, 2026 Florida Probate Rules 165 § 732.2065, Fla. Stat. Amount of the elective share. § 732.2075, Fla. Stat. Sources from which elective share payable; abatement. § 732.2085, Fla. Stat. Liability of direct recipients and beneficiaries. § 732.2095, Fla. Stat. Valuation of property used to satisfy elective share. § 732.2125, Fla. Stat. Right of election; by whom exercisable. § 732.2135, Fla. Stat. Time of election; extensions; withdrawal. § 732.2145, Fla. Stat. Order of contribution; personal representative’s duty to collect contribution. § 733.604, Fla. Stat. Inventories and accountings; public records exemptions. Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. Prob. R. 5.340 Inventory. Fla. R. Gen. Prac. & Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. App. P. 9.020(h) Definitions.