The process by which a surviving spouse in Florida may claim a portion of the deceased spouse’s estate, irrespective of the will’s provisions, involves a specific computation. This statutory right aims to protect the surviving spouse from disinheritance. The calculation determines the monetary value the surviving spouse is entitled to receive, based on the estate’s value and other factors such as assets passing outside of probate.
Exercising this right provides a critical safeguard for the financial well-being of a surviving spouse, especially when the deceased spouse’s testamentary plan does not adequately provide for their needs. Historically, it addresses potential inequities arising from wills that disproportionately favor other beneficiaries or exclude the surviving spouse entirely. It is a fundamental aspect of Florida’s probate law, reflecting a policy of protecting marital partnerships.
