---
title: "Diary an elective-share date from the dates in the file"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/diary-the-last-day-to-apply-for-family-provision/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-SF20261022-8-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Diary an elective-share date from the dates in the file

> The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.2135 states the time for an elective-share election, and s 732.2065 states a 30 percent share of the…

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/diary-the-last-day-to-apply-for-family-provision/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.2135 states the time for an elective-share election, and s 732.2065 states a 30 percent share of the elective estate. From the notice of administration and the death certificate, copy the date of death and the date a copy of the notice was served on the surviving spouse, or on an attorney in fact or guardian of the property. Do not prepare an election. |
| What the lawyer must review | The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.2135 is an elective-share timing rule, not a family-provision application. Florida Statutes s 732.2135(1) says the elective-share election must be filed on or before the earlier of 6 months after service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or guardian of the property, or 2 years after the date of death. An extension petition has the timing in subsection (2), including that it is no more than 2 years after death, and a granted extension controls the filing time. A petition for an extension, or for approval to make the election, tolls the time. Withdrawal may be made within 8 months after death and before the order of contribution. Section 732.2065 says the elective share is 30 percent of the elective estate. What enters that estate is in a section that was not opened, so the tool does not compute 30 percent of anything. The tool copies the two dates and does not prepare an election. |
| Written for | United States |
| Applies to | [Diary the last day to apply for family provision](https://ailawframework.com/practice/wills-estates-probate-and-succession/diary-the-last-day-to-apply-for-family-provision.md) |

## Checking plan

- What the AI does: The rule is state law, and the lawyer must confirm which state's law governs. For example, Florida Statutes s 732.2135 states the time for an elective-share election, and s 732.2065 states a 30 percent share of the elective estate. From the notice of administration and the death certificate, copy the date of death and the date a copy of the notice was served on the surviving spouse, or on an attorney in fact or guardian of the property. Do not prepare an election.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Wills, intestacy and probate are state law; confirm the governing state before relying on this.
- The Florida example is 2025 Florida Statutes text. The Senate site says the text is unverified. Another state's statute was not opened.
- Do not use a 12-month family-provision period. Do not compute 30 percent. The elective estate was not opened.

## Sources

- [Florida Statutes section 732.2135, Time of election; extensions; withdrawal](https://www.flsenate.gov/Laws/Statutes/2025/732.2135) (checked 2026-10-22)
- [Florida Statutes section 732.2065, Amount of the elective share](https://www.flsenate.gov/Laws/Statutes/2025/732.2065) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*