| 1 | A bill to be entitled |
| 2 | An act relating to probate; amending s. 732.103, F.S.; |
| 3 | limiting application of certain descent provisions to |
| 4 | certain estate property deposited with the Chief Financial |
| 5 | Officer notwithstanding the running of the 10-year |
| 6 | escheatment period; extending an effective date; amending |
| 7 | s. 732.402, F.S.; revising the list of property exempt |
| 8 | from certain claims against an estate; amending s. |
| 9 | 733.602, F.S.; revising which standard of care is |
| 10 | applicable to a personal representative responsible for |
| 11 | settling an estate; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (6) of section 732.103, Florida |
| 16 | Statutes, is amended to read: |
| 17 | 732.103 Share of other heirs.--The part of the intestate |
| 18 | estate not passing to the surviving spouse under s. 732.102, or |
| 19 | the entire intestate estate if there is no surviving spouse, |
| 20 | descends as follows: |
| 21 | (6) If none of the foregoing, and if any of the |
| 22 | descendants of the decedent's great-grandparents were Holocaust |
| 23 | victims as defined in s. 626.9543(3)(a), including such victims |
| 24 | in countries cooperating with the discriminatory policies of |
| 25 | Nazi Germany, then to the descendants of the great-grandparents. |
| 26 | The court shall allow any such descendant to meet a reasonable, |
| 27 | not unduly restrictive, standard of proof to substantiate his or |
| 28 | her lineage. This subsection only applies only to estate |
| 29 | property deposited with the Chief Financial Officer pursuant to |
| 30 | s. 732.107, regardless of whether the specified 10-year |
| 31 | escheatment period has run, escheated property and shall cease |
| 32 | to be effective for proceedings filed after December 31, 2010 |
| 33 | 2004. |
| 34 | Section 2. Subsection (2) of section 732.402, Florida |
| 35 | Statutes, is amended to read: |
| 36 | 732.402 Exempt property.-- |
| 37 | (2) Exempt property shall consist of: |
| 38 | (a) Household furniture, furnishings, and appliances in |
| 39 | the decedent's usual place of abode up to a net value of $20,000 |
| 40 | $10,000 as of the date of death. |
| 41 | (b) Up to two motor vehicles as defined in s. 316.003(21), |
| 42 | each of which does not have a gross vehicle weight in excess of |
| 43 | 15,000 pounds, All automobiles held in the decedent's name and |
| 44 | regularly used by the decedent or members of the decedent's |
| 45 | immediate family as their personal vehicles automobiles. |
| 46 | (c) All qualified tuition programs authorized by s. 529 of |
| 47 | the Internal Revenue Code of 1986, as amended, including, but |
| 48 | not limited to, advance payment contracts under s. 1009.98 and |
| 49 | participation agreements under s. 1009.981 Stanley G. Tate |
| 50 | Florida Prepaid College Program contracts purchased and Florida |
| 51 | College Savings agreements established under part IV of chapter |
| 52 | 1009. |
| 53 | (d) All benefits paid pursuant to s. 112.1915. |
| 54 | Section 3. Subsection (1) of section 733.602, Florida |
| 55 | Statutes, is amended to read: |
| 56 | 733.602 General duties.-- |
| 57 | (1) A personal representative is a fiduciary who shall |
| 58 | observe the standards of care applicable to trustees as |
| 59 | described by part VII of chapter 736. A personal representative |
| 60 | is under a duty to settle and distribute the estate of the |
| 61 | decedent in accordance with the terms of the decedent's will and |
| 62 | this code as expeditiously and efficiently as is consistent with |
| 63 | the best interests of the estate. A personal representative |
| 64 | shall use the authority conferred by this code, the authority in |
| 65 | the will, if any, and the authority of any order of the court, |
| 66 | for the best interests of interested persons, including |
| 67 | creditors. |
| 68 | Section 4. This act shall take effect July 1, 2008. |