The Florida Senate

CS/SB 402: Probate

GENERAL BILL by Judiciary ; Burt

Probate; provides for right of inheritance re adoption; revises language re recovery of payments made on behalf of certain Medicaid-eligible persons; amends provisions re opening of decedent's safe-deposit box & re Florida Probate Code; adds protected homestead property as exclusion to elective estate; modifies formula for determining fair market value of assets re elective share, etc. Amends FS.

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• Bill History

  Date	Chamber	Action
  1/24/2001	Senate	• Prefiled
  2/8/2001	Senate	• Referred to Judiciary; Appropriations Subcommittee on Public Safety and Judiciary; Appropriations
  3/6/2001	Senate	• Introduced, referred to Judiciary; Appropriations Subcommittee on Public Safety and Judiciary; Appropriations -SJ 00031
  3/8/2001	Senate	• On Committee agenda-- Judiciary, 03/13/01, 12:15 pm, 412-K
  3/13/2001	Senate	• CS by Judiciary; YEAS 7 NAYS 0 -SJ 00149; CS read first time on 03/16/01 -SJ 00176
  3/15/2001	Senate	• Now in Appropriations Subcommittee on Public Safety and Judiciary -SJ 00149
  5/1/2001	Senate	• Withdrawn from Appropriations Subcommittee on Public Safety and Judiciary; Appropriations -SJ 00662; Placed on Calendar, on second reading
  5/3/2001	Senate	• Placed on Special Order Calendar -SJ 00951; Read second time -SJ 01050; Amendment(s) adopted -SJ 01050; House Bill substituted -SJ 01054; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/HB 137 (Ch. 2001-226); See also CS/CS/HB 107 (Ch. 2001-36)

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• CS/SB 402, Committee Substitute 1 (Current Bill Version) Posted 3/16/2001 at 11:06 AM

  Bill Text:	Web Page | PDF

  Analyses:	Judiciary (Post-Meeting) (pdf)

  Related Bills (5)

  Bill Number	Subject	Filed By	Relationship	Last Action and Location
  H 137 (e2)		Goodlette	Similar	Last Action: 6/13/2001 Approved by Governor; Chapter No. 2001-226; See also CS/CS/HB 107 (Ch. 2001-36) Location:
  H 17	Intangible Personal Property Taxes	Melvin, Davis	Compare	Last Action: 5/4/2001 H Died in Council on Fiscal Responsibility Council, Link/Iden/Sim/Compare passed, refer to CS/HB 137 (Ch. 2001-226) Location:
  H 107 (e2)		Prieguez	Compare	Last Action: 4/30/2001 Approved by Governor; Chapter No. 2001-36; See also CS/HB 137 (Ch. 2001-226) -HJ 01431 Location:
  S 976	Intangible Personal Property Taxes	Peaden	Compare	Last Action: 5/4/2001 S Died in Committee on Commerce and Economic Opportunities, Link/Iden/Sim/Compare passed, refer to CS/HB 137 (Ch. 2001-226) Location:
  S 1398 (e1)	Unclaimed Property	Carlton	Compare	Last Action: 4/11/2001 S House Bill substituted -SJ 00318; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/HB 107 (Ch. 2001-36); See also CS/HB 137 (Ch. 2001-226) Location:

  Floor Amendments (1)

  Amendment	Sponsor	Filed	Last Floor Action	Format
  192000 - Amendment	Burt	5/2/2001 5:01 PM		Web Page PDF

  Citations - Statutes (207)

  Citation	Catchline	Location in Bill Location In Bill Help
  63.172	Effect of judgment of adoption.
  215.965	Disbursement of state moneys.
  409.9101	Recovery for payments made on behalf of Medicaid-eligible persons.
  655.936	Delivery of safe-deposit box contents or property held in safekeeping to personal representative.
  660.46	Substitution of fiduciaries.
  731.005	Short title.
  731.011	Determination of substantive rights; procedures.
  731.104	Verification of documents.
  731.106	Assets of nondomiciliaries.
  731.107	Adversary proceedings.
  731.110	Caveat; proceedings.
  731.111	Notice to creditors.
  731.201	General definitions.
  731.301	Notice; method and time; proof.
  731.303	Representation.
  732.101	Intestate estate.
  732.102	Share of spouse.
  732.103	Share of other heirs.
  732.107	Escheat.
  732.1101	Aliens.
  732.2025	Definitions.
  732.2035	Property entering into elective estate.
  732.2045	Exclusions and overlapping application.
  732.2055	Valuation of the elective estate.
  732.2075	Sources from which elective share payable; abatement.
  732.2085	Liability of direct recipients and beneficiaries.
  732.2095	Valuation of property used to satisfy elective share.
  732.2105	Effect of election on other interests.
  732.2125	Right of election; by whom exercisable.
  732.2135	Time of election; extensions; withdrawal.
  732.2145	Order of contribution; personal representative's duty to collect contribution.
  732.2155	Effective date; effect of prior waivers; transition rules.
  732.218	Rebuttable presumptions.
  732.219	Disposition upon death.
  732.221	Perfection of title of personal representative, heir, or devisee.
  732.222	Purchaser for value or lender.
  732.223	Perfection of title of surviving spouse.
  732.302	Pretermitted children.
  732.401	Descent of homestead.
  732.4015	Devise of homestead.
  732.402	Exempt property.
  732.403	Family allowance.
  732.501	Who may make a will.
  732.502	Execution of wills.
  732.503	Self-proof of will.
  732.505	Revocation by writing.
  732.507	Effect of subsequent marriage, birth, or dissolution of marriage.
  732.513	Devises to trustee.
  732.514	Vesting of devises.
  732.515	Separate writing identifying devises of tangible property.
  732.6005	Rules of construction and intention.
  732.601	Simultaneous Death Law.
  732.603	Antilapse; deceased devisee; class gifts.
  732.604	Failure of testamentary provision.
  732.605	Change in securities; accessions; nonademption.
  732.606	Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.
  732.701	Agreements concerning succession.
  732.702	Waiver of right to elect and of other rights.
  732.801	Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment.
  732.804	Provisions relating to cremation.
  732.901	Production of wills.
  732.910	Legislative declaration.
  732.911	Definitions.
  732.912	Persons who may make an anatomical gift.
  732.913	Persons and entities that may become donees; purposes for which anatomical gifts may be made.
  732.914	Manner of executing anatomical gifts.
  732.915	Delivery of document; organ and tissue donor registry.
  732.916	Amendment or revocation of the gift.
  732.917	Rights and duties at death.
  732.918	Eye banks.
  732.9185	Corneal removal by medical examiners.
  732.919	Enucleation of eyes by licensed funeral directors.
  732.921	Donations as part of driver license or identification card process.
  732.9215	Education program relating to anatomical gifts.
  732.92155	Florida Organ and Tissue Donor Education and Procurement Trust Fund.
  732.9216	Organ and tissue donor education panel.
  732.922	Duty of certain hospital administrators; liability of hospital administrators, organ procurement organizations, eye banks, and tissue banks.
  733.101	Venue of probate proceedings.
  733.103	Effect of probate.
  733.104	Suspension of statutes of limitation in favor of the personal representative.
  733.105	Determination of beneficiaries.
  733.106	Costs and attorney fees.
  733.107	Burden of proof in contests.
  733.109	Revocation of probate.
  733.201	Proof of wills.
  733.202	Petition.
  733.203	Notice; when required.
  733.204	Probate of a will written in a foreign language.
  733.205	Probate of notarial will.
  733.206	Probate of will of resident after foreign probate.
  733.207	Establishment and probate of lost or destroyed will.
  733.208	Discovery of later will.
  733.209	Estates of missing persons.
  733.212	Notice of administration; filing of objections and claims.
  733.2121
  733.2123	Adjudication before issuance of letters.
  733.213	Probate as prerequisite to petition for construction of will.
  733.301	Preference in appointment of personal representative.
  733.302	Who may be appointed personal representative.
  733.305	Trust companies and other corporations and associations.
  733.306	Effect of appointment of debtor.
  733.307	Succession of administration.
  733.308	Administrator ad litem.
  733.309	Executor de son tort.
  733.310
  733.401	Issuance of letters.
  733.402	Bond of personal representative; when required; form.
  733.403	Amount of bond.
  733.404	Liability of surety.
  733.405	Release of surety.
  733.406	Bond premium allowable as expense or costs.
  733.501	Curators.
  733.502	Resignation of personal representative.
  733.503	Appointment of successor upon resignation.
  733.5035
  733.5036
  733.504	Causes of removal of personal representative.
  733.505	Jurisdiction in removal proceedings.
  733.506	Proceedings for removal.
  733.5061
  733.507	Administration following resignation or removal.
  733.508	Accounting upon removal.
  733.509	Surrender of assets upon removal.
  733.601	Time of accrual of duties and powers.
  733.602	General duties.
  733.603	Personal representative to proceed without court order.
  733.604	Inventory.
  733.605	Appraisers.
  733.6065
  733.607	Possession of estate.
  733.608	General power of the personal representative.
  733.609	Improper exercise of power; breach of fiduciary duty.
  733.610	Sale, encumbrance or transaction involving conflict of interest.
  733.611	Persons dealing with the personal representative; protection.
  733.612	Transactions authorized for the personal representative; exceptions.
  733.6121	Powers of personal representatives conferred by this part in relation to environmental or human health laws affecting property subject to administration or to property subject to administration contaminated with hazardous or toxic substances; liability.
  733.613	Personal representative's right to sell real property.
  733.614	Powers and duties of successor personal representative.
  733.615	Joint personal representatives; when joint action required.
  733.616	Powers of surviving personal representatives.
  733.617	Compensation of personal representative.
  733.6171	Compensation of attorney for the personal representative.
  733.6175	Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
  733.619	Individual liability of personal representative.
  733.701	Notifying creditors.
  733.702	Limitations on presentation of claims.
  733.703	Form and manner of presenting claim.
  733.704	Amendment of claims.
  733.705	Payment of and objection to claims.
  733.707	Order of payment of expenses and obligations.
  733.708	Compromise.
  733.710	Limitations on claims against estates.
  733.801	Delivery of devises and distributive shares.
  733.802	Proceedings for compulsory payment of devises or distributive interest.
  733.803	Encumbered property; liability for payment.
  733.805	Order in which assets are appropriated.
  733.806	Advancement.
  733.808	Death benefits; disposition of proceeds.
  733.809	Right of retainer.
  733.810	Distribution in kind; valuation.
  733.811	Distribution; right or title of distributee.
  733.812	Improper distribution; liability of distributee.
  733.813	Purchasers from distributees protected.
  733.814	Partition for purpose of distribution.
  733.815	Private agreements among distributees.
  733.816	Disposition of unclaimed property held by personal representatives.
  733.817	Apportionment of estate taxes.
  733.901	Distribution; final discharge.
  733.903	Subsequent administration.
  734.101	Foreign personal representative.
  734.102	Ancillary administration.
  734.1025	Nonresident decedent's estate with property not exceeding
  734.104	Foreign wills; admission to record; effect on title.
  734.201	Jurisdiction by act of foreign personal representative.
  734.202	Jurisdiction by act of decedent.
  735.101	Family administration; nature of proceedings.
  735.103	Petition for family administration.
  735.107	Family administration distribution.
  735.201	Summary administration; nature of proceedings.
  735.203	Petition for summary administration.
  735.206	Summary administration distribution.
  735.2063	Notice to creditors.
  735.209	Joinder of heirs, devisees, or surviving spouse in summary administration.
  735.301	Disposition without administration.
  735.302	Income tax refunds in certain cases.
  737.111	Execution requirements for express trusts.
  737.208
  737.3054	Trustee's duty to pay expenses and obligations of settlor's estate.
  737.306	Personal liability of trustee.
  737.3061
  737.308	Notice of trust.
  765.510
  765.511
  765.512
  765.513
  765.514
  765.515
  765.516
  765.517
  765.518
  765.5185
  765.519
  765.521
  765.5215
  765.52155
  765.5216
  765.522

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• SB 402, Original Filed Version Posted 1/25/2001 at 12:47 AM

  Bill Text:	Web Page | PDF

  Analyses:	None

  Citations - Statutes (201)

  Citation	Catchline	Location in Bill Location In Bill Help
  63.172	Effect of judgment of adoption.
  215.965	Disbursement of state moneys.
  409.9101	Recovery for payments made on behalf of Medicaid-eligible persons.
  655.936	Delivery of safe-deposit box contents or property held in safekeeping to personal representative.
  660.46	Substitution of fiduciaries.
  731.005	Short title.
  731.011	Determination of substantive rights; procedures.
  731.104	Verification of documents.
  731.106	Assets of nondomiciliaries.
  731.107	Adversary proceedings.
  731.110	Caveat; proceedings.
  731.111	Notice to creditors.
  731.201	General definitions.
  731.301	Notice; method and time; proof.
  731.303	Representation.
  732.101	Intestate estate.
  732.102	Share of spouse.
  732.103	Share of other heirs.
  732.107	Escheat.
  732.1101	Aliens.
  732.2025	Definitions.
  732.2045	Exclusions and overlapping application.
  732.2085	Liability of direct recipients and beneficiaries.
  732.2125	Right of election; by whom exercisable.
  732.2135	Time of election; extensions; withdrawal.
  732.2145	Order of contribution; personal representative's duty to collect contribution.
  732.2155	Effective date; effect of prior waivers; transition rules.
  732.218	Rebuttable presumptions.
  732.219	Disposition upon death.
  732.221	Perfection of title of personal representative, heir, or devisee.
  732.222	Purchaser for value or lender.
  732.223	Perfection of title of surviving spouse.
  732.302	Pretermitted children.
  732.401	Descent of homestead.
  732.4015	Devise of homestead.
  732.402	Exempt property.
  732.403	Family allowance.
  732.501	Who may make a will.
  732.502	Execution of wills.
  732.503	Self-proof of will.
  732.505	Revocation by writing.
  732.507	Effect of subsequent marriage, birth, or dissolution of marriage.
  732.513	Devises to trustee.
  732.514	Vesting of devises.
  732.515	Separate writing identifying devises of tangible property.
  732.6005	Rules of construction and intention.
  732.601	Simultaneous Death Law.
  732.603	Antilapse; deceased devisee; class gifts.
  732.604	Failure of testamentary provision.
  732.605	Change in securities; accessions; nonademption.
  732.606	Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.
  732.701	Agreements concerning succession.
  732.702	Waiver of right to elect and of other rights.
  732.801	Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment.
  732.804	Provisions relating to cremation.
  732.901	Production of wills.
  732.910	Legislative declaration.
  732.911	Definitions.
  732.912	Persons who may make an anatomical gift.
  732.913	Persons and entities that may become donees; purposes for which anatomical gifts may be made.
  732.914	Manner of executing anatomical gifts.
  732.915	Delivery of document; organ and tissue donor registry.
  732.916	Amendment or revocation of the gift.
  732.917	Rights and duties at death.
  732.918	Eye banks.
  732.9185	Corneal removal by medical examiners.
  732.919	Enucleation of eyes by licensed funeral directors.
  732.921	Donations as part of driver license or identification card process.
  732.9215	Education program relating to anatomical gifts.
  732.92155	Florida Organ and Tissue Donor Education and Procurement Trust Fund.
  732.9216	Organ and tissue donor education panel.
  732.922	Duty of certain hospital administrators; liability of hospital administrators, organ procurement organizations, eye banks, and tissue banks.
  733.101	Venue of probate proceedings.
  733.103	Effect of probate.
  733.104	Suspension of statutes of limitation in favor of the personal representative.
  733.105	Determination of beneficiaries.
  733.106	Costs and attorney fees.
  733.107	Burden of proof in contests.
  733.109	Revocation of probate.
  733.201	Proof of wills.
  733.202	Petition.
  733.203	Notice; when required.
  733.204	Probate of a will written in a foreign language.
  733.205	Probate of notarial will.
  733.206	Probate of will of resident after foreign probate.
  733.207	Establishment and probate of lost or destroyed will.
  733.208	Discovery of later will.
  733.209	Estates of missing persons.
  733.212	Notice of administration; filing of objections and claims.
  733.2121
  733.2123	Adjudication before issuance of letters.
  733.213	Probate as prerequisite to petition for construction of will.
  733.301	Preference in appointment of personal representative.
  733.302	Who may be appointed personal representative.
  733.305	Trust companies and other corporations and associations.
  733.306	Effect of appointment of debtor.
  733.307	Succession of administration.
  733.308	Administrator ad litem.
  733.309	Executor de son tort.
  733.310
  733.401	Issuance of letters.
  733.402	Bond of personal representative; when required; form.
  733.403	Amount of bond.
  733.404	Liability of surety.
  733.405	Release of surety.
  733.406	Bond premium allowable as expense or costs.
  733.501	Curators.
  733.502	Resignation of personal representative.
  733.503	Appointment of successor upon resignation.
  733.5035
  733.5036
  733.504	Causes of removal of personal representative.
  733.505	Jurisdiction in removal proceedings.
  733.506	Proceedings for removal.
  733.5061
  733.507	Administration following resignation or removal.
  733.508	Accounting upon removal.
  733.509	Surrender of assets upon removal.
  733.601	Time of accrual of duties and powers.
  733.602	General duties.
  733.603	Personal representative to proceed without court order.
  733.604	Inventory.
  733.605	Appraisers.
  733.6065
  733.607	Possession of estate.
  733.608	General power of the personal representative.
  733.609	Improper exercise of power; breach of fiduciary duty.
  733.610	Sale, encumbrance or transaction involving conflict of interest.
  733.611	Persons dealing with the personal representative; protection.
  733.612	Transactions authorized for the personal representative; exceptions.
  733.6121	Powers of personal representatives conferred by this part in relation to environmental or human health laws affecting property subject to administration or to property subject to administration contaminated with hazardous or toxic substances; liability.
  733.613	Personal representative's right to sell real property.
  733.614	Powers and duties of successor personal representative.
  733.615	Joint personal representatives; when joint action required.
  733.616	Powers of surviving personal representatives.
  733.617	Compensation of personal representative.
  733.6171	Compensation of attorney for the personal representative.
  733.6175	Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
  733.619	Individual liability of personal representative.
  733.701	Notifying creditors.
  733.702	Limitations on presentation of claims.
  733.703	Form and manner of presenting claim.
  733.704	Amendment of claims.
  733.705	Payment of and objection to claims.
  733.707	Order of payment of expenses and obligations.
  733.708	Compromise.
  733.710	Limitations on claims against estates.
  733.801	Delivery of devises and distributive shares.
  733.802	Proceedings for compulsory payment of devises or distributive interest.
  733.803	Encumbered property; liability for payment.
  733.805	Order in which assets are appropriated.
  733.806	Advancement.
  733.808	Death benefits; disposition of proceeds.
  733.809	Right of retainer.
  733.810	Distribution in kind; valuation.
  733.811	Distribution; right or title of distributee.
  733.812	Improper distribution; liability of distributee.
  733.813	Purchasers from distributees protected.
  733.814	Partition for purpose of distribution.
  733.815	Private agreements among distributees.
  733.816	Disposition of unclaimed property held by personal representatives.
  733.817	Apportionment of estate taxes.
  733.901	Distribution; final discharge.
  733.903	Subsequent administration.
  734.101	Foreign personal representative.
  734.102	Ancillary administration.
  734.1025	Nonresident decedent's estate with property not exceeding
  734.104	Foreign wills; admission to record; effect on title.
  734.201	Jurisdiction by act of foreign personal representative.
  734.202	Jurisdiction by act of decedent.
  735.101	Family administration; nature of proceedings.
  735.103	Petition for family administration.
  735.107	Family administration distribution.
  735.201	Summary administration; nature of proceedings.
  735.203	Petition for summary administration.
  735.206	Summary administration distribution.
  735.2063	Notice to creditors.
  735.209	Joinder of heirs, devisees, or surviving spouse in summary administration.
  735.301	Disposition without administration.
  735.302	Income tax refunds in certain cases.
  737.111	Execution requirements for express trusts.
  737.3054	Trustee's duty to pay expenses and obligations of settlor's estate.
  737.306	Personal liability of trustee.
  737.3061
  737.308	Notice of trust.
  765.510
  765.511
  765.512
  765.513
  765.514
  765.515
  765.516
  765.517
  765.518
  765.5185
  765.519
  765.521
  765.5215
  765.52155
  765.5216
  765.522

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