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The Florida Senate

1998 Florida Statutes

732.213  Preexisting right to dower.--Whether or not her husband's estate is administered, dower of the widow of any man who died before October 1, 1973, shall be barred in any real property conveyed by her husband before his death and without her relinquishment of dower unless within 3 years after her husband's death she records with the clerk for the county where the real property is located an instrument executed by her describing the property in a manner sufficient to give constructive notice if contained in a recorded deed. The instrument shall name the record owner or owners of the property, state the date of the husband's death and his place of residence at the time of his death, and indicate that she has elected to take dower or that she may elect to do so. Nothing in this section shall extend the time for election, dispense with the necessity of filing an election in the court where the deceased husband's estate is being, or will be, administered, or dispense with the necessity of petitions for assignment of dower as formerly provided for in ss. 733.10 and 733.11. No dower shall be barred because of this section if the instrument was filed for record before January 1, 1973.

History.--s. 1, ch. 74-106; ss. 14, 15, ch. 75-220.

Note.--Created from former ss. 731.35 and 732.203.