SECTION 732.2151. Award of fees and costs in elective share proceedings.
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1(1) 2The 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:31(a) 32The entitlement to or the amount of the elective share;
42(b) 43The property interests included in the elective estate, or its value; or
55(c) 56The satisfaction of the elective share.
62(2) 63When awarding taxable costs or attorney fees, the court may do one or more of the following:80(a) 81Direct payment from the estate.
86(b) 87Direct payment from a party’s interest in the elective share or the elective estate.
101(c) 102Enter a judgment that can be satisfied from other property of the party.
115(3) 116In 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.
197(4) 198This 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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