CS/CS/HB 1237

A bill to be entitled
2An act relating to probate procedures; amending s.
3655.934, F.S.; updating terminology relating to a durable
4power of attorney; amending s. 655.935, F.S.; imposing
5additional duties on the lessor of a safe-deposit box
6relating to the contents of the box when the lessee has
7died; authorizing the lessor to charge fees for performing
8such duties; amending s. 731.110, F.S.; revising
9requirements relating to filing a caveat; providing that a
10caveat may be filed before or after a person's death;
11providing for the expiration of the caveat; amending s.
12731.201, F.S.; revising the definitions of "formal notice"
13and "informal notice"; amending s. 731.301, F.S.; revising
14provisions relating to notice; amending s. 732.2125, F.S.;
15revising a provision relating to the right of election;
16amending s. 732.401, F.S.; providing that a decedent's
17spouse may elect to take an interest in a homestead as a
18tenant in common rather than a life estate; providing
19procedures and forms for filing notice of such election;
20providing that such election is irrevocable; providing for
21the allocation of expenses relating to the homestead;
22specifying that the interests of the decedent's
23descendants in the homestead may not be divested if the
24spouse's interest is disclaimed; amending s. 732.4015,
25F.S.; providing that if a spouse's interest in a homestead
26has been disclaimed, the disclaimed interest passes in
27accordance with ch. 739, F.S.; creating s. 732.4017, F.S.;
28providing for the inter vivos transfer of homestead
29property; providing limitations; amending s. 732.608,
30F.S.; revising provisions relating to which laws apply
31when determining intestate succession in certain
32circumstances; creating s. 732.805, F.S.; denying certain
33rights or benefits to a surviving spouse who procured a
34marriage by fraud, duress, or undue influence; providing
35procedures for challenging a surviving spouse; providing
36for the award of costs and fees; providing a limitation of
37liability relating to distributions made without notice of
38a pending claim; providing for means of notice; providing
39a time limitation on bringing such actions; creating s.
40733.1051, F.S.; authorizing a court to construe the terms
41of certain wills for certain purposes under certain
42circumstances; providing definitions; providing criteria
43for court construction of a will; providing for
44nonapplication to certain dispositions; authorizing a
45personal representative to take certain actions without
46court order pending a determination of estate
47distribution; limiting personal representative liability;
48preserving certain rights to construe a will; providing
49for retroactive operation; amending s. 733.107, F.S.;
50providing that, in a will contest, certain affidavits and
51oaths are prima facie evidence relating to execution and
52attestation of a will; amending s. 733.2123, F.S.;
53deleting the requirement for attaching a copy of a will to
54a notice of a petition for administration; amending s.
55733.608, F.S.; specifying the manner for serving notice of
56the personal representative's lien for expenditures and
57obligations incurred; amending s. 735.203, F.S.; revising
58provisions relating to providing notice for a petition for
59summary administration; amending s. 736.1102, F.S.;
60clarifying provisions relating to which laws apply when
61determining intestate succession in certain circumstances;
62amending s. 744.444, F.S.; conforming provisions to
63changes made by the act; providing effective dates.
65Be It Enacted by the Legislature of the State of Florida:
67     Section 1.  Section 655.934, Florida Statutes, is amended
68to read:
69     655.934  Effect of lessee's death or incapacity.-If a
70lessor without knowledge of the death or of an order determining
71the incapacity of the lessee deals with the lessee's agent in
72accordance with a written power of attorney or a durable family
73power of attorney signed by such lessee, the transaction binds
74the lessee's estate and the lessee.
75     Section 2.  Section 655.935, Florida Statutes, is amended
76to read:
77     655.935  Search procedure on death of lessee.-If
78satisfactory proof of the death of the lessee is presented, a
79lessor shall permit the person named in a court order for that
80the purpose, or if no order has been served upon the lessor, the
81spouse, a parent, an adult descendant, or a person named as a
82personal representative in a copy of a purported will produced
83by such person, to open and examine the contents of a safe-
84deposit box leased or coleased by a decedent, or any documents
85delivered by a decedent for safekeeping, in the presence of an
86officer of the lessor.; and the lessor,
87     (1)  If so requested by such person, the lessor shall
88remove and deliver only shall deliver:
89     (a)(1)  Any writing purporting to be a will of the
90decedent, to the court having probate jurisdiction in the county
91in which the financial institution is located.
92     (b)(2)  Any writing purporting to be a deed to a burial
93plot or to give burial instructions, to the person making the
94request for a search.
95     (c)(3)  Any document purporting to be an insurance policy
96on the life of the decedent, to the beneficiary named therein.
97     (2)  The officer of the lessor shall make a complete copy
98of any document removed and delivered pursuant to this section
99and place that copy, together with a memorandum of delivery
100identifying the name of the officer, the person to whom the
101document was delivered, the purported relationship of the person
102to whom the document was delivered, and the date of delivery, in
103the safe-deposit box leased or coleased by the decedent.
104     (3)  The lessor may charge reasonable fees to cover costs
105incurred pursuant to this section.
106     (4)  No other contents may be removed pursuant to this
107section. Access granted pursuant to this section is shall not be
108considered the initial opening of the safe-deposit box pursuant
109to s. 733.6065 by a personal representative appointed by a court
110in this state.
111     Section 3.  Section 731.110, Florida Statutes, is amended
112to read:
113     731.110  Caveat; proceedings.-
114     (1)  Any interested person, including a creditor, who is
115apprehensive that an estate, either testate or intestate, will
116be administered or that a will may be admitted to probate
117without that the person's knowledge may file a caveat with the
118court. The caveat of the interested person, other than a
119creditor, may be filed before or after the death of the person
120for whom the estate will be, or is being, administered. The
121caveat of a creditor may be filed only after the person's death.
122     (2)  A caveat shall contain the decedent's social security
123number, last known residence address, and date of birth, if they
124are known, as identification, a statement of the interest of the
125caveator in the estate, the name and specific residence address
126of the caveator, and, If the caveator, other than a state
127agency, is a nonresident and is not represented by an attorney
128admitted to practice in this state who has signed the caveat
129nonresident of the county, the caveator must designate
130additional name and specific residence address of some person
131residing in the county in which the caveat is filed, or office
132address of a member of The Florida Bar residing in Florida,
133designated as the agent of the caveator, upon whom service may
134be made; however, if the caveator is represented by an attorney
135admitted to practice in this state who has signed the caveat, it
136is not necessary to designate a resident agent.
137     (3)  If When a caveat has been filed by an interested
138person other than a creditor, the court may shall not admit a
139will of the decedent to probate or appoint a personal
140representative until formal notice of the petition for
141administration has been served on the caveator or the caveator's
142designated agent by formal notice and the caveator has had the
143opportunity to participate in proceedings on the petition, as
144provided by the Florida Probate Rules.
145     (4)  A caveat filed before the death of the person for whom
146the estate will be administered expires 2 years after filing.
147     Section 4.  Subsections (18) and (22) of section 731.201,
148Florida Statutes, are amended to read:
149     731.201  General definitions.-Subject to additional
150definitions in subsequent chapters that are applicable to
151specific chapters or parts, and unless the context otherwise
152requires, in this code, in s. 409.9101, and in chapters 736,
153738, 739, and 744, the term:
154     (18)  "Formal notice" means a form of formal notice that is
155described in and served by a method of services provided under
156rule 5.040(a) of the Florida Probate Rules.
157     (22)  "Informal notice" or "notice" means a method of
158service for pleadings or papers as provided informal notice
159under rule 5.040(b) of the Florida Probate Rules.
160     Section 5.  Section 731.301, Florida Statutes, is amended
161to read:
162     731.301  Notice.-
163     (1)  If When notice to an interested person of a petition
164or other proceeding is required, the notice shall be given to
165the interested person or that person's attorney as provided in
166the code or the Florida Probate Rules.
167     (2)  In a probate proceeding, formal notice is shall be
168sufficient to acquire jurisdiction over the person receiving
169formal notice to the extent of the person's interest in the
170estate or in the decedent's protected homestead.
171     (3)  Persons given proper notice of a any proceeding are
172shall be bound by all orders entered in that proceeding.
173     Section 6.  Subsection (2) of section 732.2125, Florida
174Statutes, is amended to read:
175     732.2125  Right of election; by whom exercisable.-The right
176of election may be exercised:
177     (2)  With approval of the court having jurisdiction of the
178probate proceeding by an attorney in fact or a guardian of the
179property of the surviving spouse. Before approving the election,
180the court shall determine that the election is in as the best
181interests of the surviving spouse, during the spouse's probable
182lifetime, require.
183     Section 7.  Section 732.401, Florida Statutes, is amended
184to read:
185     732.401  Descent of homestead.-
186     (1)  If not devised as authorized permitted by law and the
187Florida constitution, the homestead shall descend in the same
188manner as other intestate property; but if the decedent is
189survived by a spouse and one or more descendants, the surviving
190spouse shall take a life estate in the homestead, with a vested
191remainder to the descendants in being at the time of the
192decedent's death per stirpes.
193     (2)  In lieu of a life estate under subsection (1), the
194surviving spouse may elect to take an undivided one-half
195interest in the homestead as a tenant in common, with the
196remaining undivided one-half interest vesting in the decedent's
197descendants in being at the time of the decedent's death, per
199     (a)  The right of election may be exercised:
200     1.  By the surviving spouse; or
201     2.  With the approval of a court having jurisdiction of the
202real property, by an attorney in fact or guardian of the
203property of the surviving spouse. Before approving the election,
204the court shall determine that the election is in the best
205interests of the surviving spouse during the spouse's probable
207     (b)  The election must be made within 6 months after the
208decedent's death and during the surviving spouse's lifetime. The
209time for making the election may not be extended except as
210provided in paragraph (c).
211     (c)  A petition by an attorney in fact or guardian of the
212property for approval to make the election tolls the time for
213making the election until 6 months after the decedent's death or
21430 days after the rendition of an order authorizing the
215election, whichever occurs last.
216     (d)  Once made, the election is irrevocable.
217     (e)  The election shall be made by filing a notice of
218election containing the legal description of the homestead
219property for recording in the official record books of the
220county or counties where the homestead property is located. The
221notice must be in substantially the following form:
227STATE OF............
228COUNTY OF............
230     1.  The decedent, ______________, died on ______________.
231On the date of the decedent's death, The decedent was married to
232________________, who survived the decedent.
233     2.  At the time of the decedent's death, the decedent owned
234an interest in real property that the affiant believes to be
235homestead property described in s. 4, Article X of the State
236Constitution, that real property being in _________County,
237Florida, and described as: ...(description of homestead
239     3.  Affiant elects to take one-half of decedent's interest
240in the homestead as a tenant in common in lieu of a life estate.
241     4.  If affiant is not the surviving spouse, affiant is the
242surviving spouse's attorney in fact or guardian of the property
243and an order has been rendered by a court having jurisdiction of
244the real property authorizing the undersigned to make this
250Sworn to (or affirmed) and subscribed before me this .... day of
251...(month)..., ...(year)..., by ...(affiant)...
253...(Signature of Notary Public-State of Florida)...
255...(Print, Type, or Stamp Commissioned Name of Notary Public)...
257Personally Known OR Produced Identification
258...(Type of Identification Produced)...
260     (3)  Unless and until an election is made under subsection
261(2), expenses relating to the ownership of the homestead shall
262be allocated between the surviving spouse, as life tenant, and
263the decedent's descendants, as remaindermen, in accordance with
264chapter 738. If an election is made, expenses relating to the
265ownership of the homestead shall be allocated between the
266surviving spouse and the descendants as tenants in common in
267proportion to their respective shares, effective as of the date
268the election is filed for recording.
269     (4)  If the surviving spouse's life estate created in
270subsection (1) is disclaimed pursuant to chapter 739, the
271interests of the decedent's descendants may not be divested.
272     (5)(2)  This section does Subsection (1) shall not apply to
273property that the decedent and the surviving spouse owned in
274tenancy by the entireties or joint tenancy with rights of
275survivorship as tenants by the entirety.
276     Section 8.  Subsection (3) is added to section 732.4015,
277Florida Statutes, to read:
278     732.4015  Devise of homestead.-
279     (3)  If an interest in homestead has been devised to the
280surviving spouse as authorized by law and the constitution, and
281the surviving spouse's interest is disclaimed, the disclaimed
282interest shall pass in accordance with chapter 739.
283     Section 9.  Section 732.4017, Florida Statutes, is created
284to read:
285     732.4017  Inter vivos transfer of homestead property.-
286     (1)  If the owner of homestead property transfers an
287interest in that property, including a transfer in trust, with
288or without consideration, to one or more persons during the
289owner's lifetime, the transfer is not a devise for purposes of
290s. 731.201(10) or s. 732.4015, and the interest transferred does
291not descend as provided in s. 732.401 if the transferor fails to
292retain a power, held in any capacity, acting alone or in
293conjunction with any other person, to revoke or revest that
294interest in the transferor.
295     (2)  As used in this section, the term "transfer in trust"
296refers to a trust under which the transferor of the homestead
297property, alone or in conjunction with another person, does not
298possess a right of revocation as that term is defined in s.
299733.707(3)(e). A power possessed by the transferor which is
300exercisable during the transferor's lifetime to alter the
301beneficial use and enjoyment of the interest within a class of
302beneficiaries identified only in the trust instrument is not a
303right of revocation if the power may not be exercised in favor
304of the transferor, the transferor's creditors, the transferor's
305estate, or the creditors of the transferor's estate or exercised
306to discharge the transferor's legal obligations. This subsection
307does not create an inference that a power not described in this
308subsection is a power to revoke or revest an interest in the
310     (3)  The transfer of an interest in homestead property
311described in subsection (1) may not be treated as a devise of
312that interest even if:
313     (a)  The transferor retains a separate legal or equitable
314interest in the homestead property, directly or indirectly
315through a trust or other arrangement such as a term of years,
316life estate, reversion, possibility of reverter, or fractional
317fee interest;
318     (b)  The interest transferred does not become a possessory
319interest until a date certain or upon a specified event, the
320occurrence or nonoccurrence of which does not constitute a power
321held by the transferor to revoke or revest the interest in the
322transferor, including, without limitation, the death of the
323transferor; or
324     (c)  The interest transferred is subject to divestment,
325expiration, or lapse upon a date certain or upon a specified
326event, the occurrence or nonoccurrence of which does not
327constitute a power held by the transferor to revoke or revest
328the interest in the transferor, including, without limitation,
329survival of the transferor.
330     (4)  It is the intent of the Legislature that this section
331clarify existing law.
332     Section 10.  Section 732.608, Florida Statutes, is amended
333to read:
334     732.608  Construction of generic terms.-The laws used to
335determine paternity and Adopted persons and persons born out of
336wedlock are included in class gift terminology and terms of
337relationship, in accordance with rules for determining
338relationships for the purposes of intestate succession apply
339when determining whether class gift terminology and terms of
340relationship include adopted persons and persons born out-of-
342     Section 11.  Section 732.805, Florida Statutes, is created
343to read:
344     732.805  Spousal rights procured by fraud, duress, or undue
346     (1)  A surviving spouse who is found to have procured a
347marriage to the decedent by fraud, duress, or undue influence is
348not entitled to any of the following rights or benefits that
349inure solely by virtue of the marriage or the person's status as
350surviving spouse of the decedent unless the decedent and the
351surviving spouse voluntarily cohabited as husband and wife with
352full knowledge of the facts constituting the fraud, duress, or
353undue influence or both spouses otherwise subsequently ratified
354the marriage:
355     (a)  Any rights or benefits under the Florida Probate Code,
356including, but not limited to, entitlement to elective share or
357family allowance; preference in appointment as personal
358representative; inheritance by intestacy, homestead, or exempt
359property; or inheritance as a pretermitted spouse.
360     (b)  Any rights or benefits under a bond, life insurance
361policy, or other contractual arrangement if the decedent is the
362principal obligee or the person upon whose life the policy is
363issued, unless the surviving spouse is provided for by name,
364whether or not designated as the spouse, in the bond, life
365insurance policy, or other contractual arrangement.
366     (c)  Any rights or benefits under a will, trust, or power
367of appointment, unless the surviving spouse is provided for by
368name, whether or not designated as the spouse, in the will,
369trust, or power of appointment.
370     (d)  Any immunity from the presumption of undue influence
371that a surviving spouse may have under state law.
372     (2)  Any of the rights or benefits listed in paragraphs
373(1)(a)-(c) which would have passed solely by virtue of the
374marriage to a surviving spouse who is found to have procured the
375marriage by fraud, duress, or undue influence shall pass as if
376the spouse had predeceased the decedent.
377     (3)  A challenge to a surviving spouse's rights under this
378section may be maintained as a defense, objection, or cause of
379action by any interested person after the death of the decedent
380in any proceeding in which the fact of marriage may be directly
381or indirectly material.
382     (4)  The contestant has the burden of establishing, by a
383preponderance of the evidence, that the marriage was procured by
384fraud, duress, or undue influence. If ratification of the
385marriage is raised as a defense, the surviving spouse has the
386burden of establishing, by a preponderance of the evidence, the
387subsequent ratification by both spouses.
388     (5)  In all actions brought under this section, the court
389shall award taxable costs as in chancery actions, including
390attorney's fees. When awarding taxable costs and attorney's
391fees, the court may direct payment from a party's interest, if
392any, in the estate, or enter a judgment that may be satisfied
393from other property of the party, or both.
394     (6)  An insurance company, financial institution, or other
395obligor making payment according to the terms of its policy or
396obligation is not liable by reason of this section unless,
397before payment, it received written notice of a claim pursuant
398to this section.
399     (a)  The notice required by this subsection must be in
400writing and must be accomplished in a manner reasonably suitable
401under the circumstances and likely to result in receipt of the
402notice. Permissible methods of notice include first-class mail,
403personal delivery, delivery to the person's last known place of
404residence or place of business, or a properly directed facsimile
405or other electronic message.
406     (b)  To be effective, notice to a financial institution or
407insurance company must contain the name, address, and the
408taxpayer identification number, or the account or policy number,
409of the principal obligee or person whose life is insured and
410shall be directed to an officer or a manager of the financial
411institution or insurance company in this state. If the financial
412institution or insurance company has no offices in this state,
413the notice shall be directed to the principal office of the
414financial institution or insurance company.
415     (c)  Notice shall be effective when given, except that
416notice to a financial institution or insurance company is not
417effective until 5 business days after being given.
418     (7)  The rights and remedies granted in this section are in
419addition to any other rights or remedies a person may have at
420law or equity.
421     (8)  Unless sooner barred by adjudication, estoppel, or a
422provision of the Florida Probate Code or Florida Probate Rules,
423an interested person is barred from bringing an action under
424this section unless the action is commenced within 4 years after
425the decedent's date of death. A cause of action under this
426section accrues on the decedent's date of death.
427     Section 12.  Effective upon this act becoming a law,
428section 733.1051, Florida Statutes, is created to read:
429     733.1051  Limited judicial construction of will with
430federal tax provisions.-
431     (1)  Upon the application of a personal representative or a
432person who is or may be a beneficiary who is affected by the
433outcome of the construction, a court at any time may construe
434the terms of a will to define the respective shares or determine
435beneficiaries, in accordance with the intention of a testator,
436if a disposition occurs during the applicable period and the
437will contains a provision that:
438     (a)  Includes a disposition formula referring to the terms
439"unified credit," "estate tax exemption," "applicable exemption
440amount," "applicable credit amount," "applicable exclusion
441amount," "generation-skipping transfer tax exemption," "GST
442exemption," "marital deduction," "maximum marital deduction,"
443"unlimited marital deduction," or "maximum charitable
445     (b)  Measures a share of an estate based on the amount that
446may pass free of federal estate tax or the amount that may pass
447free of federal generation-skipping transfer tax;
448     (c)  Otherwise makes a disposition referring to a
449charitable deduction, marital deduction, or another provision of
450federal estate tax or generation-skipping transfer tax law; or
451     (d)  Appears to be intended to reduce or minimize the
452federal estate tax or generation-skipping transfer tax.
453     (2)  For purposes of this section:
454     (a)  The term "applicable period" means a period beginning
455January 1, 2010, and ending on the end of the day on the earlier
456of December 31, 2010, or the day before the date that an act
457becomes law that repeals or otherwise modifies or has the effect
458of repealing or modifying s. 901 of The Economic Growth and Tax
459Relief Reconciliation Act of 2001.
460     (b)  A "disposition occurs" when the testator dies.
461     (3)  In construing the will, the court shall consider the
462terms and purposes of the will, the facts and circumstances
463surrounding the creation of the will, and the testator's
464probable intent. In determining the testator's probable intent,
465the court may consider evidence relevant to the testator's
466intent even though the evidence contradicts an apparent plain
467meaning of the will.
468     (4)  This section does not apply to a disposition that is
469specifically conditioned upon no federal estate or generation-
470skipping transfer tax being imposed.
471     (5)(a)  Unless otherwise ordered by the court, during the
472applicable period and without court order, the personal
473representative administering a will containing one or more
474provisions described in subsection (1) may:
475     1.  Delay or refrain from making any distribution.
476     2.  Incur and pay fees and costs reasonably necessary to
477determine its duties and obligations, including compliance with
478provisions of existing and reasonably anticipated future federal
479tax laws.
480     3.  Establish and maintain reserves for the payment of
481these fees and costs and federal taxes.
482     (b)  The personal representative shall not be liable for
483its actions as provided in this subsection made or taken in good
485     (6)  The provisions of this section are in addition to, and
486not in derogation of, rights under the common law to construe a
488     (7)  This section is remedial in nature and intended to
489provide a new or modified legal remedy. This section shall
490operate retroactively to January 1, 2010.
491     Section 13.  Subsection (1) of section 733.107, Florida
492Statutes, is amended to read:
493     733.107  Burden of proof in contests; presumption of undue
495     (1)  In all proceedings contesting the validity of a will,
496the burden shall be upon the proponent of the will to establish
497prima facie its formal execution and attestation. A self-proving
498affidavit executed in accordance with s. 732.503 or an oath of
499an attesting witness executed as required in s. 733.201(2) is
500admissible and establishes prima facie the formal execution and
501attestation of the will. Thereafter, the contestant shall have
502the burden of establishing the grounds on which the probate of
503the will is opposed or revocation is sought.
504     Section 14.  Section 733.2123, Florida Statutes, is amended
505to read:
506     733.2123  Adjudication before issuance of letters.-A
507petitioner may serve formal notice of the petition for
508administration on interested persons. A copy of the will offered
509for probate shall be attached to the notice. A No person who is
510served with such formal notice before of the petition for
511administration prior to the issuance of letters or who has
512waived notice may not challenge the validity of the will,
513testacy of the decedent, qualifications of the personal
514representative, venue, or jurisdiction of the court, except in
515the proceedings before issuance of letters.
516     Section 15.  Subsection (4) of section 733.608, Florida
517Statutes, is amended to read:
518     733.608  General power of the personal representative.-
519     (4)  The personal representative's lien shall attach to the
520property and take priority as of the date and time a notice of
521that lien is recorded in the official records of the county
522where that property is located, and the lien may secure
523expenditures and obligations incurred, including, but not
524limited to, fees and costs made before or after recording the
525notice. The notice of lien may be recorded before adjudicating
526prior to the adjudication of the amount of the debt. The notice
527of lien also shall also be filed in the probate proceeding, but
528failure to do so does shall not affect the validity of the lien.
529A copy of the notice of lien shall be served in the manner
530provided for service of by formal notice upon each person
531appearing to have an interest in the property. The notice of
532lien must shall state:
533     (a)  The name and address of the personal representative
534and the personal representative's attorney;
535     (b)  The legal description of the property;
536     (c)  The name of the decedent and also, to the extent known
537to the personal representative, the name and address of each
538person appearing to have an interest in the property; and
539     (d)  That the personal representative has expended or is
540obligated to expend funds to preserve, maintain, insure, and
541protect the property and that the lien stands as security for
542recovery of those expenditures and obligations incurred,
543including, but not limited to, fees and costs.
545Substantial compliance with the foregoing provisions renders
546shall render the notice in comportment with this section.
547     Section 16.  Subsections (1) and (3) of section 735.203,
548Florida Statutes, are amended to read:
549     735.203  Petition for summary administration.-
550     (1)  A petition for summary administration may be filed by
551any beneficiary or person nominated as personal representative
552in the decedent's will offered for probate. The petition must be
553signed and verified by the surviving spouse, if any, and any
554beneficiaries except that the joinder in a petition for summary
555administration is not required of a beneficiary who will receive
556a full distributive share under the proposed distribution.
557However, formal notice of the petition must be served on a Any
558beneficiary not joining in shall be served by formal notice with
559the petition.
560     (3)  If each trustee of a trust that is a beneficiary of
561the estate of the deceased person is also a petitioner, formal
562notice of the petition for summary administration shall be
563served on each qualified beneficiary of the trust as defined in
564s. 736.0103 shall be served by formal notice with the petition
565for summary administration unless joinder in, or consent to, the
566petition is obtained from each qualified beneficiary of the
568     Section 17.  Section 736.1102, Florida Statutes, is amended
569to read:
570     736.1102  Construction of generic terms.-The laws used to
571determine paternity and Adopted persons and persons born out of
572wedlock are included in class gift terminology and terms of
573relationship, in accordance with rules for determining
574relationships for the purposes of intestate succession apply
575when determining whether class gift terminology and terms of
576relationship include adopted persons and persons born out of
578     Section 18.  Subsection (9) of section 744.444, Florida
579Statutes, is amended to read:
580     744.444  Power of guardian without court approval.-Without
581obtaining court approval, a plenary guardian of the property, or
582a limited guardian of the property within the powers granted by
583the order appointing the guardian or an approved annual or
584amended guardianship report, may:
585     (9)  Elect whether to dissent from a will under the
586provisions of s. 732.2125(2), seek approval to make an election
587in accordance with s. 732.401, or assert any other right or
588choice available to a surviving spouse in the administration of
589a decedent's estate.
590     Section 19.  Except as otherwise expressly provided in this
591act, this act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.