| 1 | A bill to be entitled |
| 2 | An act relating to probate; amending s. 655.935, F.S.; |
| 3 | revising procedures relating to opening a decedent's safe- |
| 4 | deposit box; amending s. 655.936, F.S.; revising |
| 5 | procedures relating to delivery of a decedent's safe- |
| 6 | deposit box by lessor; amending s. 655.937, F.S.; revising |
| 7 | procedures relating to granting access to safe-deposit |
| 8 | boxes leased in two or more names; amending s. 732.2135, |
| 9 | F.S.; revising provisions relating to time of filing or |
| 10 | withdrawing certain estate share elections; amending s. |
| 11 | 732.402, F.S.; revising procedures relating to filing |
| 12 | petitions for determinations of exempt property; amending |
| 13 | s. 733.212, F.S.; revising procedures and requirements |
| 14 | relating to notices of administration and petitions for |
| 15 | relief; amending s. 733.6065, F.S.; revising procedures |
| 16 | relating to the opening of a safe-deposit box leased or |
| 17 | co-leased by decedent; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 655.935, Florida Statutes, is amended |
| 22 | to read: |
| 23 | 655.935 Search procedure on death of lessee.--If |
| 24 | satisfactory proof of the death of the lessee is presented, a |
| 25 | lessor shall permit the person named in a court order for the |
| 26 | purpose, or if no order has been served upon the lessor, the |
| 27 | spouse, a parent, an adult descendant, or a person named as a |
| 28 | personal representative in a copy of a purported will produced |
| 29 | by such person, to open and examine the contents of a safe- |
| 30 | deposit box leased or co-leased by a decedent, or any documents |
| 31 | delivered by a decedent for safekeeping, in the presence of an |
| 32 | officer of the lessor; and the lessor, if so requested by such |
| 33 | person, shall deliver: |
| 34 | (1) Any writing purporting to be a will of the decedent, |
| 35 | to the court having probate jurisdiction in the county in which |
| 36 | the financial institution is located.; |
| 37 | (2) Any writing purporting to be a deed to a burial plot |
| 38 | or to give burial instructions, to the person making the request |
| 39 | for a search.; and |
| 40 | (3) Any document purporting to be an insurance policy on |
| 41 | the life of the decedent, to the beneficiary named therein. |
| 42 |
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| 43 | No other contents may be removed pursuant to this section. |
| 44 | Access granted pursuant to this section shall not be considered |
| 45 | the initial opening of the safe-deposit box pursuant to s. |
| 46 | 733.6065 by a personal representative appointed by a court in |
| 47 | this state. |
| 48 | Section 2. Subsections (1) and (2) of section 655.936, |
| 49 | Florida Statutes, are amended to read: |
| 50 | 655.936 Delivery of safe-deposit box contents or property |
| 51 | held in safekeeping to personal representative.-- |
| 52 | (1) Subject to the provisions of subsection (3), the |
| 53 | lessor shall immediately deliver to a resident personal |
| 54 | representative appointed by a court in this state, upon |
| 55 | presentation of a certified copy of his or her letters of |
| 56 | authority, all property deposited with it by the decedent for |
| 57 | safekeeping, and shall grant the resident personal |
| 58 | representative access to any safe-deposit box in the decedent's |
| 59 | name and permit him or her to remove from such box any part or |
| 60 | all of the contents thereof. |
| 61 | (2) If a foreign personal representative of a deceased |
| 62 | lessee has been appointed by a court of any other state, a |
| 63 | lessor may, at its discretion, after 3 months from the issuance |
| 64 | to such foreign personal representative of his or her letters of |
| 65 | authority, deliver to such foreign personal representative all |
| 66 | properties deposited with it for safekeeping and the contents of |
| 67 | any safe-deposit box in the name of the decedent if at such time |
| 68 | the lessor has not received written notice of the appointment of |
| 69 | a personal representative in this state, and such delivery is a |
| 70 | valid discharge of the lessor for all property or contents so |
| 71 | delivered. A Such foreign personal representative appointed by a |
| 72 | court of any other state shall furnish the lessor with an |
| 73 | affidavit setting forth facts showing the domicile of the |
| 74 | deceased lessee to be other than this state and stating that |
| 75 | there are no unpaid creditors of the deceased lessee in this |
| 76 | state, together with a certified copy of his or her letters of |
| 77 | authority. A lessor making delivery pursuant to this subsection |
| 78 | shall maintain in its files a receipt executed by such foreign |
| 79 | personal representative which itemizes in detail all property so |
| 80 | delivered. |
| 81 | Section 3. Section 655.937, Florida Statutes, is amended |
| 82 | to read: |
| 83 | 655.937 Access to safe-deposit boxes leased in two or more |
| 84 | names.-- |
| 85 | (1) Unless When specifically provided in the lease or |
| 86 | rental agreement to the contrary, when covering a safe-deposit |
| 87 | box is heretofore or hereafter rented or leased in the names of |
| 88 | two or more lessees, that access to the safe-deposit box will be |
| 89 | granted to either lessee, or to either or the survivor, access |
| 90 | to the safe-deposit box shall be granted to: |
| 91 | (a) Either or any of such lessees, regardless of whether |
| 92 | or not the other lessee or lessees or any of them are living or |
| 93 | competent. |
| 94 | (b) Subject to s. 655.933, those persons named in s. |
| 95 | 655.933. |
| 96 | (c) Subject to s. 655.935, those persons named in s. |
| 97 | 655.935.;or |
| 98 | (d)(b) Subject to s. 733.6065, the personal representative |
| 99 | of the estate of either or any of such lessees who is deceased, |
| 100 | or the guardian of the property of either or any of such lessees |
| 101 | who is incapacitated.; and, |
| 102 | (2) In all cases described in subsection (1), either such |
| 103 | case, the provisions of s. 655.933 apply, and the signature on |
| 104 | the safe-deposit entry or access record (or the receipt or |
| 105 | acquittance, in the case of property or documents otherwise held |
| 106 | for safekeeping) is a valid and sufficient release and discharge |
| 107 | to the lessor for granting access to such safe-deposit box or |
| 108 | for the delivery of such property or documents otherwise held |
| 109 | for safekeeping. |
| 110 | (3)(2) A lessor may not be held liable for damages or |
| 111 | penalty by reason of any access granted or delivery made |
| 112 | pursuant to this section. |
| 113 | (4) The right of access by a co-lessee is separate from |
| 114 | the rights and responsibilities of other persons who may be |
| 115 | granted access to a safe-deposit box after the death or |
| 116 | incapacity of another co-lessee and such right of access is not |
| 117 | subject to the provisions of s. 655.935, s. 733.6065, or other |
| 118 | requirements imposed upon personal representatives, guardians, |
| 119 | or other fiduciaries. |
| 120 | (5) After the death of a co-lessee, the surviving co- |
| 121 | lessee or any other person who is granted access to the safe- |
| 122 | deposit box pursuant to this section may make a written |
| 123 | inventory of the box which shall be conducted by the person |
| 124 | making the request in the presence of one other person as |
| 125 | specified in this subsection. Each person present shall verify |
| 126 | the contents of the box by signing a copy of the inventory under |
| 127 | penalties of perjury. |
| 128 | (a) If the person making the written inventory is a |
| 129 | surviving co-lessee, the other person may be any other person |
| 130 | granted access pursuant to this section, an employee of the |
| 131 | institution at which the box is located, or an attorney licensed |
| 132 | in this state. |
| 133 | (b) If the person making the written inventory is not a |
| 134 | surviving co-lessee, the other person may be a surviving co- |
| 135 | lessee, an employee of the institution at which the box is |
| 136 | located, or an attorney licensed in this state. |
| 137 | Section 4. Subsections (1) and (3) of section 732.2135, |
| 138 | Florida Statutes, are amended to read: |
| 139 | 732.2135 Time of election; extensions; withdrawal.-- |
| 140 | (1) Except as provided in subsection (2), the election |
| 141 | must be filed on or before within the earlier of the date that |
| 142 | is 6 months after of the date of service of a copy of the notice |
| 143 | of administration on the surviving spouse, or an attorney in |
| 144 | fact or guardian of the property of the surviving spouse, or the |
| 145 | date that is 2 years after the date of the decedent's death. |
| 146 | (3) The surviving spouse or an attorney in fact, guardian |
| 147 | of the property, or personal representative of the surviving |
| 148 | spouse may withdraw an election on or before the earlier of the |
| 149 | date that is at any time within 8 months after the date of the |
| 150 | decedent's death or the date of a court and before the court's |
| 151 | order of contribution. If an election is withdrawn, the court |
| 152 | may assess attorney's fees and costs against the surviving |
| 153 | spouse or the surviving spouse's estate. |
| 154 | Section 5. Subsection (6) of section 732.402, Florida |
| 155 | Statutes, is amended to read: |
| 156 | 732.402 Exempt property.-- |
| 157 | (6) Persons entitled to exempt property shall be deemed to |
| 158 | have waived their rights under this section unless a petition |
| 159 | for determination of exempt property is filed by or on behalf of |
| 160 | the persons entitled to the exempt property on or before the |
| 161 | later of the date that is within 4 months after the date of |
| 162 | service of the notice of administration or the date that is |
| 163 | within 40 days after from the date of termination of any |
| 164 | proceeding involving the construction, admission to probate, or |
| 165 | validity of the will or involving any other matter affecting any |
| 166 | part of the estate subject to this section. |
| 167 | Section 6. Section 733.212, Florida Statutes, is amended |
| 168 | to read: |
| 169 | 733.212 Notice of administration; filing of objections.-- |
| 170 | (1) The personal representative shall promptly serve a |
| 171 | copy of the notice of administration on the following persons |
| 172 | who are known to the personal representative: |
| 173 | (a) The decedent's surviving spouse; |
| 174 | (b) Beneficiaries; |
| 175 | (c) The trustee of any trust described in s. 733.707(3) |
| 176 | and each beneficiary of the trust as defined in s. |
| 177 | 737.303(4)(b), if each trustee is also a personal representative |
| 178 | of the estate; and |
| 179 | (d) Persons who may be entitled to exempt property |
| 180 |
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| 181 | in the manner provided for service of formal notice, unless |
| 182 | served under s. 733.2123. The personal representative may |
| 183 | similarly serve a copy of the notice on any devisees under a |
| 184 | known prior will or heirs or others who claim or may claim an |
| 185 | interest in the estate. |
| 186 | (2) The notice shall state: |
| 187 | (a) The name of the decedent, the file number of the |
| 188 | estate, the designation and address of the court in which the |
| 189 | proceedings are pending, whether the estate is testate or |
| 190 | intestate, and, if testate, the date of the will and any |
| 191 | codicils., |
| 192 | (b) The name and address of the personal representative, |
| 193 | and the name and address of the personal representative's |
| 194 | attorney. |
| 195 | (c) The notice shall state That any interested person |
| 196 | persons are required to file with the court any objection by an |
| 197 | interested person on whom a copy of the notice of administration |
| 198 | is the notice was served must file on or before the date that is |
| 199 | 3 months after the date of service of a copy of the notice of |
| 200 | administration on that person any objection that challenges the |
| 201 | validity of the will, the qualifications of the personal |
| 202 | representative, the venue, or the jurisdiction of the court |
| 203 | within 3 months after the date of service of a copy of the |
| 204 | notice of administration on the objecting person. |
| 205 | (d) That persons who may be entitled to exempt property |
| 206 | under s. 732.402 will be deemed to have waived their rights to |
| 207 | claim that property as exempt property unless a petition for |
| 208 | determination of exempt property is filed by such persons or on |
| 209 | their behalf on or before the later of the date that is 4 months |
| 210 | after the date of service of a copy of the notice of |
| 211 | administration on such persons or the date that is 40 days after |
| 212 | the date of termination of any proceeding involving the |
| 213 | construction, admission to probate, or validity of the will or |
| 214 | involving any other matter affecting any part of the exempt |
| 215 | property. |
| 216 | (e) That an election to take an elective share must be |
| 217 | filed on or before the earlier of the date that is 6 months |
| 218 | after the date of service of a copy of the notice of |
| 219 | administration on the surviving spouse, or an attorney in fact |
| 220 | or a guardian of the property of the surviving spouse, or the |
| 221 | date that is 2 years after the date of the decedent's death. |
| 222 | (3) Any interested person on whom a copy of the notice of |
| 223 | administration is was served must object to the validity of the |
| 224 | will, the qualifications of the personal representative, the |
| 225 | venue, or the jurisdiction of the court by filing a petition or |
| 226 | other pleading requesting relief in accordance with the Florida |
| 227 | Probate Rules on or before the date that is within 3 months |
| 228 | after the date of service of a copy of the notice of |
| 229 | administration on the objecting person, or those objections are |
| 230 | forever barred. |
| 231 | (4) The appointment of a personal representative or a |
| 232 | successor personal representative shall not extend or renew the |
| 233 | period for filing objections under this section, unless a new |
| 234 | will or codicil is admitted. |
| 235 | (5)(4) The personal representative is not individually |
| 236 | liable to any person for giving notice under this section, |
| 237 | regardless of whether it is later determined that notice was not |
| 238 | required by this section. The service of notice in accordance |
| 239 | with this section shall not be construed as conferring any |
| 240 | right. |
| 241 | (6)(5) If the personal representative in good faith fails |
| 242 | to give notice required by this section, the personal |
| 243 | representative is not liable to any person for the failure. |
| 244 | Liability, if any, for the failure is on the estate. |
| 245 | (7)(6) If a will or codicil is subsequently admitted to |
| 246 | probate, the personal representative shall promptly serve a copy |
| 247 | of a new notice of administration as required for an initial |
| 248 | will admission. |
| 249 | (8) For the purpose of determining deadlines established |
| 250 | by reference to the date of service of a copy of the notice of |
| 251 | administration in cases in which such service has been waived, |
| 252 | service shall be deemed to occur on the date the waiver is |
| 253 | filed. |
| 254 | Section 7. Section 733.6065, Florida Statutes, is amended |
| 255 | to read: |
| 256 | 733.6065 Opening safe-deposit box.-- |
| 257 | (1) Subject to the provisions of s. 655.936(2), the |
| 258 | initial opening of a the decedent's safe-deposit box leased or |
| 259 | co-leased by the decedent shall be conducted in the presence of |
| 260 | any two of the following persons: an employee of the institution |
| 261 | where the box is located, the personal representative, or the |
| 262 | personal representative's attorney of record. Each person who is |
| 263 | present must verify the contents of the box by signing a copy of |
| 264 | the inventory under penalties of perjury. The personal |
| 265 | representative shall file the safe-deposit box inventory, |
| 266 | together with a copy of the box entry record from a date which |
| 267 | is 6 months prior to the date of death to the date of inventory, |
| 268 | with the court within 10 days after the box is opened. Unless |
| 269 | otherwise ordered by the court, this inventory and the attached |
| 270 | box entry record is subject to inspection only by persons |
| 271 | entitled to inspect an inventory under s. 733.604(1). The |
| 272 | personal representative may remove the contents of the box. |
| 273 | (2) The right to open and examine the contents of a safe- |
| 274 | deposit box leased by a decedent, or any documents delivered by |
| 275 | a decedent for safekeeping, and to receive items as provided for |
| 276 | in s. 655.935 are separate from in addition to the rights |
| 277 | provided for in subsection (1). |
| 278 | Section 8. This act shall take effect July 1, 2006. |