(1) The court may award taxable costs as in chancery actions, including attorney fees, in any proceeding under this part in which there is an objection to or dispute over:

(a) The entitlement to or the amount of the elective share;

Terms Used In Florida Statutes 732.2151

  • Decedent: A deceased person.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Probate: Proving a will
(b) The property interests included in the elective estate, or its value; or
(c) The satisfaction of the elective share.
(2) When awarding taxable costs or attorney fees, the court may do one or more of the following:

(a) Direct payment from the estate.
(b) Direct payment from a party’s interest in the elective share or the elective estate.
(c) Enter a judgment that can be satisfied from other property of the party.
(3) In addition to any of the fees that may be awarded under subsections (1) and (2), if the personal representative does not file a petition to determine the amount of the elective share as required by the Florida Probate Rules, the electing spouse or the attorney in fact, guardian of the property, or personal representative of the electing spouse may be awarded from the estate reasonable costs, including attorney fees, incurred in connection with the preparation and filing of the petition.
(4) This section applies to all proceedings commenced on or after July 1, 2017, without regard to the date of the decedent‘s death.
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