Florida Senate - 2010                      CS for CS for SB 1544
       By the Committees on Banking and Insurance; and Judiciary; and
       Senator Joyner
       597-04369-10                                          20101544c2
    1                        A bill to be entitled                      
    2         An act relating to probate procedures; amending s.
    3         655.934, F.S.; updating terminology relating to a
    4         durable power of attorney; amending s. 655.935, F.S.;
    5         imposing additional duties on the lessor of a safe
    6         deposit box relating to the contents of the box when
    7         the lessee has died; authorizing the lessor to charge
    8         fees for performing such duties; amending s. 731.110,
    9         F.S.; revising requirements relating to filing a
   10         caveat; providing that a caveat may be filed before or
   11         after a person’s death; providing for the expiration
   12         of the caveat; amending s. 731.201, F.S.; revising the
   13         definitions of “formal notice” and “informal notice”;
   14         amending s. 731.301, F.S.; clarifying provisions
   15         relating to notice; amending s. 732.2125, F.S.;
   16         clarifying a provision relating to the right of
   17         election; amending s. 732.401, F.S.; providing that a
   18         decedent’s spouse may elect to take an interest in a
   19         homestead as a tenant in common rather than a life
   20         estate; providing procedures and forms for filing
   21         notice of such election; providing that such election
   22         is irrevocable; providing for the allocation of
   23         expenses relating to the homestead; specifying that
   24         the interests of the decedent’s descendants in the
   25         homestead may not be divested if the spouse’s interest
   26         is disclaimed; amending s. 732.4015, F.S.; providing
   27         that if a spouse’s interest in a homestead has been
   28         disclaimed, the disclaimed interest passes in
   29         accordance with ch. 739, F.S.; creating s. 732.4017,
   30         F.S.; providing for the inter vivos transfer of
   31         homestead property; providing limitations; amending s.
   32         732.608, F.S.; clarifying provisions relating to which
   33         laws apply when determining intestate succession in
   34         certain circumstances; creating s. 732.805, F.S.;
   35         denying certain rights or benefits to a surviving
   36         spouse who procured a marriage by fraud, duress, or
   37         undue influence; providing procedures for challenging
   38         a surviving spouse; providing for the award of costs
   39         and fees; providing for notice to obligors; providing
   40         a time limitation on bringing such actions; creating
   41         s. 733.1051, F.S.; providing for the temporary
   42         construction of the terms of a will that has specified
   43         provisions with respect to federal tax; authorizing
   44         the court to define respective shares or determine
   45         beneficiaries during a specified period if the will
   46         contains certain provisions; providing that such
   47         provision is remedial in nature and operates
   48         retroactively to January 1, 2010; amending s. 733.107,
   49         F.S.; providing that, in a will contest, certain
   50         affidavits and oaths are prima facie evidence relating
   51         to execution and attestation of a will; amending s.
   52         733.2123, F.S.; deleting the requirement for attaching
   53         a copy of a will to a notice of a petition for
   54         administration; amending s. 733.608, F.S.; specifying
   55         the manner for serving notice of the personal
   56         representative’s lien for expenditures and obligations
   57         incurred; amending s. 735.203, F.S.; revising
   58         provisions relating to providing notice for a petition
   59         for summary administration; amending s. 736.1102,
   60         F.S.; clarifying provisions relating to which laws
   61         apply when determining intestate succession in certain
   62         circumstances; amending s. 744.444, F.S.; conforming
   63         provisions to changes made by the act; providing
   64         effective dates.
   66  Be It Enacted by the Legislature of the State of Florida:
   68         Section 1. Section 655.934, Florida Statutes, is amended to
   69  read:
   70         655.934 Effect of lessee’s death or incapacity.—If a lessor
   71  without knowledge of the death or of an order determining the
   72  incapacity of the lessee deals with the lessee’s agent in
   73  accordance with a written power of attorney or a durable family
   74  power of attorney signed by such lessee, the transaction binds
   75  the lessee’s estate and the lessee.
   76         Section 2. Section 655.935, Florida Statutes, is amended to
   77  read:
   78         655.935 Search procedure on death of lessee.—If
   79  satisfactory proof of the death of the lessee is presented, a
   80  lessor shall permit the person named in a court order for that
   81  the purpose, or if no order has been served upon the lessor, the
   82  spouse, a parent, an adult descendant, or a person named as a
   83  personal representative in a copy of a purported will produced
   84  by such person, to open and examine the contents of a safe
   85  deposit box leased or coleased by a decedent, or any documents
   86  delivered by a decedent for safekeeping, in the presence of an
   87  officer of the lessor.; and the lessor,
   88         (1) If so requested by such person, the lessor shall remove
   89  and deliver only shall deliver:
   90         (a)(1) Any writing purporting to be a will of the decedent,
   91  to the court having probate jurisdiction in the county in which
   92  the financial institution is located.
   93         (b)(2) Any writing purporting to be a deed to a burial plot
   94  or to give burial instructions, to the person making the request
   95  for a search.
   96         (c)(3) Any document purporting to be an insurance policy on
   97  the life of the decedent, to the beneficiary named therein.
   98         (2) The officer of the lessor shall make a complete copy of
   99  any document removed and delivered pursuant to this section and
  100  place that copy, together with a memorandum of delivery
  101  identifying the name of the officer, the person to whom the
  102  document was delivered, the purported relationship of the person
  103  to whom the document was delivered, and the date of delivery, in
  104  the safe-deposit box leased or coleased by the decedent.
  105         (3) The lessor may charge reasonable fees to cover costs
  106  incurred pursuant to this section.
  107         (4)No other contents may be removed pursuant to this
  108  section. Access granted pursuant to this section is shall not be
  109  considered the initial opening of the safe-deposit box pursuant
  110  to s. 733.6065 by a personal representative appointed by a court
  111  in this state.
  112         Section 3. Section 731.110, Florida Statutes, is amended to
  113  read:
  114         731.110 Caveat; proceedings.—
  115         (1) Any interested person, including a creditor, who is
  116  apprehensive that an estate, either testate or intestate, will
  117  be administered or that a will may be admitted to probate
  118  without that the person’s knowledge may file a caveat with the
  119  court. The caveat of the interested person, other than a
  120  creditor, may be filed before or after the death of the person
  121  for whom the estate will be, or is being, administered. The
  122  caveat of a creditor may be filed only after the person’s death.
  123         (2) A caveat shall contain the decedent’s social security
  124  number, last known residence address, and date of birth, if they
  125  are known, as identification, a statement of the interest of the
  126  caveator in the estate, the name and specific residence address
  127  of the caveator, and, If the caveator, other than a state
  128  agency, is a nonresident and is not represented by an attorney
  129  admitted to practice in this state who has signed the caveat
  130  nonresident of the county, the caveator must designate
  131  additional name and specific residence address of some person
  132  residing in the county in which the caveat is filed, or office
  133  address of a member of The Florida Bar residing in Florida,
  134  designated as the agent of the caveator, upon whom service may
  135  be made; however, if the caveator is represented by an attorney
  136  admitted to practice in this state who has signed the caveat, it
  137  is not necessary to designate a resident agent.
  138         (3) If When a caveat has been filed by an interested person
  139  other than a creditor, the court may shall not admit a will of
  140  the decedent to probate or appoint a personal representative
  141  until formal notice of the petition for administration has been
  142  served on the caveator or the caveator’s designated agent by
  143  formal notice and the caveator has had the opportunity to
  144  participate in proceedings on the petition, as provided by the
  145  Florida Probate Rules.
  146         (4) A caveat filed before the death of the person for whom
  147  the estate will be administered expires 2 years after filing.
  148         Section 4. Subsections (18) and (22) of section 731.201,
  149  Florida Statutes, are amended to read:
  150         731.201 General definitions.—Subject to additional
  151  definitions in subsequent chapters that are applicable to
  152  specific chapters or parts, and unless the context otherwise
  153  requires, in this code, in s. 409.9101, and in chapters 736,
  154  738, 739, and 744, the term:
  155         (18) “Formal notice” means a form of formal notice that is
  156  described in and served by a method of services provided under
  157  rule 5.040(a) of the Florida Probate Rules.
  158         (22) “Informal notice” or “notice” means a method of
  159  service for pleadings or papers as provided informal notice
  160  under rule 5.040(b) of the Florida Probate Rules.
  161         Section 5. Section 731.301, Florida Statutes, is amended to
  162  read:
  163         731.301 Notice.—
  164         (1) If When notice to an interested person of a petition or
  165  other proceeding is required, the notice shall be given to the
  166  interested person or that person’s attorney as provided in the
  167  code or the Florida Probate Rules.
  168         (2) In a probate proceeding, formal notice is shall be
  169  sufficient to acquire jurisdiction over the person receiving
  170  formal notice to the extent of the person’s interest in the
  171  estate or in the decedent’s protected homestead.
  172         (3) Persons given proper notice of a any proceeding are
  173  shall be bound by all orders entered in that proceeding.
  174         Section 6. Subsection (2) of section 732.2125, Florida
  175  Statutes, is amended to read:
  176         732.2125 Right of election; by whom exercisable.—The right
  177  of election may be exercised:
  178         (2) With approval of the court having jurisdiction of the
  179  probate proceeding by an attorney in fact or a guardian of the
  180  property of the surviving spouse. Before approving the election,
  181  the court shall determine that the election is in as the best
  182  interests of the surviving spouse, during the spouse’s probable
  183  lifetime, require.
  184         Section 7. Section 732.401, Florida Statutes, is amended to
  185  read:
  186         732.401 Descent of homestead.—
  187         (1) If not devised as authorized permitted by law and the
  188  Florida constitution, the homestead shall descend in the same
  189  manner as other intestate property; but if the decedent is
  190  survived by a spouse and one or more descendants, the surviving
  191  spouse shall take a life estate in the homestead, with a vested
  192  remainder to the descendants in being at the time of the
  193  decedent’s death per stirpes.
  194         (2) In lieu of a life estate under subsection (1), the
  195  surviving spouse may elect to take an undivided one-half
  196  interest in the homestead as a tenant in common, with the
  197  remaining undivided one-half interest vesting in the decedent’s
  198  descendants in being at the time of the decedent’s death, per
  199  stirpes.
  200         (a) The right of election may be exercised:
  201         1. By the surviving spouse; or
  202         2. With the approval of a court having jurisdiction of the
  203  real property, by an attorney in fact or guardian of the
  204  property of the surviving spouse. Before approving the election,
  205  the court shall determine that the election is in the best
  206  interests of the surviving spouse during the spouse’s probable
  207  lifetime.
  208         (b) The election must be made within 6 months after the
  209  decedent’s death and during the surviving spouse’s lifetime. The
  210  time for making the election may not be extended except as
  211  provided in paragraph (c).
  212         (c) A petition by an attorney in fact or guardian of the
  213  property for approval to make the election tolls the time for
  214  making the election until 6 months after the decedent’s death or
  215  30 days after the rendition of an order authorizing the
  216  election, whichever occurs last.
  217         (d) Once made, the election is irrevocable.
  218         (e) The election shall be made by filing a notice of
  219  election containing the legal description of the homestead
  220  property for recording in the official record books of the
  221  county or counties where the homestead property is located. The
  222  notice must be in substantially the following form:
  224                    ELECTION OF SURVIVING SPOUSE                   
  225                   TO TAKE A ONE-HALF INTEREST OF                  
  226              DECEDENT’S INTEREST IN HOMESTEAD PROPERTY            
  228  STATE OF............
  229  COUNTY OF............
  231         1. The decedent, ______________, died on ______________. On
  232  the date of the decedent’s death, The decedent was married to
  233  ________________, who survived the decedent.
  234         2. At the time of the decedent’s death, the decedent owned
  235  an interest in real property that the affiant believes to be
  236  homestead property described in s. 4, Article X of the State
  237  Constitution, that real property being in _________County,
  238  Florida, and described as: ...(description of homestead
  239  property)....
  240         3. Affiant elects to take one-half of decedent’s interest
  241  in the homestead as a tenant in common in lieu of a life estate.
  242         4. If affiant is not the surviving spouse, affiant is the
  243  surviving spouse’s attorney in fact or guardian of the property
  244  and an order has been rendered by a court having jurisdiction of
  245  the real property authorizing the undersigned to make this
  246  election.
  248  ................
  249  ...(Affiant)...
  251  Sworn to (or affirmed) and subscribed before me this .... day of
  252  ...(month)..., ...(year)..., by ...(affiant)...
  254  ...(Signature of Notary Public-State of Florida)...
  256  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  258  Personally Known OR Produced Identification
  259  ...(Type of Identification Produced)...
  261         (3) Unless and until an election is made under subsection
  262  (2), expenses relating to the ownership of the homestead shall
  263  be allocated between the surviving spouse, as life tenant, and
  264  the decedent’s descendants, as remaindermen, in accordance with
  265  chapter 738. If an election is made, expenses relating to the
  266  ownership of the homestead shall be allocated between the
  267  surviving spouse and the descendants as tenants in common in
  268  proportion to their respective shares, effective as of the date
  269  the election is filed for recording.
  270         (4) If the surviving spouse’s life estate created in
  271  subsection (1) is disclaimed pursuant to chapter 739, the
  272  interests of the decedent’s descendants may not be divested.
  273         (5)(2)This section does Subsection (1) shall not apply to
  274  property that the decedent and the surviving spouse owned in
  275  tenancy by the entireties or joint tenancy with rights of
  276  survivorship as tenants by the entirety.
  277         Section 8. Subsection (3) is added to section 732.4015,
  278  Florida Statutes, to read:
  279         732.4015 Devise of homestead.—
  280         (3) If an interest in homestead has been devised to the
  281  surviving spouse as authorized by law and the constitution, and
  282  the surviving spouse’s interest is disclaimed, the disclaimed
  283  interest shall pass in accordance with chapter 739.
  284         Section 9. Section 732.4017, Florida Statutes, is created
  285  to read:
  286         732.4017Inter vivos transfer of homestead property.—
  287         (1) If the owner of homestead property transfers an
  288  interest in that property, including a transfer in trust, with
  289  or without consideration, to one or more persons during the
  290  owner’s lifetime, the transfer is not a devise for purposes of
  291  s. 731.201(10) or s. 732.4015, and the interest transferred does
  292  not descend as provided in s. 732.401 if the transferor fails to
  293  retain a power, held in any capacity, acting alone or in
  294  conjunction with any other person, to revoke or revest that
  295  interest in the transferor.
  296         (2) As used in this section, the term “transfer in trust”
  297  refers to a trust under which the transferor of the homestead
  298  property, alone or in conjunction with another person, does not
  299  possess a right of revocation as that term is defined in s.
  300  733.707(3)(e). A power possessed by the transferor which is
  301  exercisable during the transferor’s lifetime to alter the
  302  beneficial use and enjoyment of the interest within a class of
  303  beneficiaries identified only in the trust instrument is not a
  304  right of revocation if the power may not be exercised in favor
  305  of the transferor, the transferor’s creditors, the transferor’s
  306  estate, or the creditors of the transferor’s estate or exercised
  307  to discharge the transferor’s legal obligations. This subsection
  308  does not create an inference that a power not described in this
  309  subsection is a power to revoke or revest an interest in the
  310  transferor.
  311         (3) The transfer of an interest in homestead property
  312  described in subsection (1) may not be treated as a devise of
  313  that interest even if:
  314         (a) The transferor retains a separate legal or equitable
  315  interest in the homestead property, directly or indirectly
  316  through a trust or other arrangement such as a term of years,
  317  life estate, reversion, possibility of reverter, or fractional
  318  fee interest;
  319         (b) The interest transferred does not become a possessory
  320  interest until a date certain or upon a specified event, the
  321  occurrence or nonoccurrence of which does not constitute a power
  322  held by the transferor to revoke or revest the interest in the
  323  transferor, including, without limitation, the death of the
  324  transferor; or
  325         (c) The interest transferred is subject to divestment,
  326  expiration, or lapse upon a date certain or upon a specified
  327  event, the occurrence or nonoccurrence of which does not
  328  constitute a power held by the transferor to revoke or revest
  329  the interest in the transferor, including, without limitation,
  330  survival of the transferor.
  331         (4) It is the intent of the Legislature that this section
  332  clarify existing law.
  333         Section 10. Section 732.608, Florida Statutes, is amended
  334  to read:
  335         732.608 Construction of generic terms.—The laws used to
  336  determine paternity and Adopted persons and persons born out of
  337  wedlock are included in class gift terminology and terms of
  338  relationship, in accordance with rules for determining
  339  relationships for the purposes of intestate succession apply
  340  when determining whether class gift terminology and terms of
  341  relationship include adopted persons and persons born out-of
  342  wedlock.
  343         Section 11. Section 732.805, Florida Statutes, is created
  344  to read:
  345         732.805 Spousal rights procured by fraud, duress, or undue
  346  influence.—
  347         (1) A surviving spouse who is found to have procured a
  348  marriage to the decedent by fraud, duress, or undue influence is
  349  not entitled to any of the following rights or benefits that
  350  inure solely by virtue of the marriage or the person’s status as
  351  surviving spouse of the decedent unless the decedent and spouse
  352  voluntarily cohabitated as husband and wife with full knowledge
  353  of the facts constituting the fraud, duress, or undue influence
  354  or both spouses otherwise subsequently ratified the marriage:
  355         (a) Any rights or benefits under the Florida Probate Code,
  356  including, but not limited to, entitlement to elective share or
  357  family allowance; preference in appointment as personal
  358  representative; inheritance by intestacy, homestead, or exempt
  359  property; or inheritance as a pretermitted spouse.
  360         (b) Any rights or benefits under a bond, life insurance
  361  policy, or other contractual arrangement if the decedent is the
  362  principal obligee or the person upon whose life the policy is
  363  issued, unless the surviving spouse is provided for by name,
  364  whether or not designated as the spouse, in the bond, life
  365  insurance policy, or other contractual arrangement.
  366         (c) Any rights or benefits under a will, trust, or power of
  367  appointment, unless the surviving spouse is provided for by
  368  name, whether or not designated as the spouse, in the will,
  369  trust, or power of appointment.
  370         (d) Any immunity from the presumption of undue influence
  371  that 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
  374  marriage to a surviving spouse who is found to have procured the
  375  marriage by fraud, duress, or undue influence shall pass as if
  376  the spouse had predeceased the decedent.
  377         (3) A challenge to a surviving spouse’s rights under this
  378  section may be maintained as a defense, objection, or cause of
  379  action by any interested person after the death of the decedent
  380  in any proceeding in which the fact of marriage may be directly
  381  or indirectly material.
  382         (4) The contestant has the burden of establishing, by a
  383  preponderance of the evidence, that the marriage was procured by
  384  fraud, duress, or undue influence. If ratification of the
  385  marriage is raised as a defense, the surviving spouse has the
  386  burden of establishing, by a preponderance of the evidence, the
  387  subsequent ratification by both spouses.
  388         (5) In all actions brought under this section, the court
  389  shall award taxable costs as in chancery actions, including
  390  attorney’s fees. When awarding taxable costs and attorney’s
  391  fees, the court may direct payment from a party’s interest, if
  392  any, in the estate, or enter a judgment that may be satisfied
  393  from other property of the party, or both.
  394         (6) An insurance company, financial institution, or other
  395  obligor making payment according to the terms of its policy or
  396  obligation is not liable by reason of this section unless,
  397  before payment, it received written notice of a claim pursuant
  398  to this subsection.
  399         (a) The notice must be in writing and must be accomplished
  400  in a reasonable manner under the circumstances and likely to
  401  result in receipt of the notice. Permissible methods include
  402  first-class mail, personal delivery, delivery to the person’s
  403  last known place of residence or place of business, or a
  404  properly directed facsimile or other electronic means.
  405         (b) Notice to an insurance company or financial institution
  406  must contain the name, address, and taxpayer identification
  407  number, or account or policy number, of the principal obligee or
  408  person whose life is insured and be directed to an officer or a
  409  manager of the insurance company or financial institution in
  410  this state. If the insurance company or financial institution
  411  does not have an office in this state, the notice must be
  412  directed to the insurance company’s or financial institution’s
  413  principal office.
  414         (c) Notice is effective when given, except that notice upon
  415  an insurance company or financial institution is not effective
  416  until 5 business days after it is given.
  417         (7) The rights and remedies granted in this section are in
  418  addition to any other rights or remedies a person may have at
  419  law or equity.
  420         (8) Unless sooner barred by adjudication, estoppel, or a
  421  provision of the Florida Probate Code or Florida Probate Rules,
  422  an interested person is barred from bringing an action under
  423  this section unless the action is commenced within 4 years after
  424  the decedent’s date of death. A cause of action under this
  425  section accrues on the decedent’s date of death.
  426         Section 12. Effective upon this act becoming a law, section
  427  733.1051, Florida Statutes, is created to read:
  428         733.1051Limited judicial construction of will having
  429  federal tax provisions.—
  430         (1) For the purpose of this section:
  431         (a) “Applicable period” means a period beginning January 1,
  432  2010, and ending at the end of December 31, 2010, or the day
  433  before the date that a law having the effect of repealing or
  434  modifying s. 901 of the federal Economic Growth and Tax Relief
  435  Reconciliation Act of 2001 becomes effective, whichever occurs
  436  first.
  437         (b) A disposition occurs when the testator dies.
  438         (2) Upon application of a personal representative or a
  439  person who is or may be a beneficiary who is affected by the
  440  construction of a will, a court may at any time construe the
  441  terms of the will to define the respective shares or determine
  442  beneficiaries if a disposition occurs during the applicable
  443  period and the will contains a provision that:
  444         (a) Includes a formula disposition that refers to the
  445  unified credit, estate tax exemption, applicable exemption
  446  amount, applicable credit amount, applicable exclusion amount,
  447  generation-skipping transfer tax exemption, GST exemption,
  448  marital deduction, maximum marital deduction, unlimited marital
  449  deduction, or maximum charitable deduction;
  450         (b) Measures a share of an estate based on the amount that
  451  can pass free of federal estate tax or the amount that can pass
  452  free of federal generation-skipping transfer tax;
  453         (c) Otherwise makes a disposition referring to a charitable
  454  deduction, marital deduction, or another provision of federal
  455  estate tax or generation-skipping transfer tax law; or
  456         (d)Appears to be intended to reduce or minimize federal
  457  estate tax or generation-skipping transfer tax.
  458         (3) In construing a will under this section, the court
  459  shall consider the terms and purposes of the will, the facts and
  460  circumstances surrounding the creation of the will, and the
  461  testator’s probable intent. In determining probable intent, the
  462  court may consider evidence relevant to the testator’s intent
  463  even though the evidence contradicts the apparent plain meaning
  464  of the will.
  465         (4) This section does not apply to a disposition that is
  466  specifically conditioned upon a federal estate or generation
  467  skipping transfer tax not being imposed.
  468         (5) Unless otherwise ordered by the court, during the
  469  applicable period and without court order, the personal
  470  representative administering a will containing one or more
  471  provisions described in subsection (2) may:
  472         (a) Delay or refrain from making any distribution;
  473         (b) Incur and pay fees and costs reasonably necessary to
  474  determine his or her duties and obligations, including
  475  compliance with existing and reasonably anticipated future
  476  federal tax laws; and
  477         (c) Establish and maintain reserves for the payment of
  478  fees, costs, and federal taxes.
  480  The personal representative is not liable for actions made in
  481  good faith pursuant to this subsection.
  482         (6) The provisions of this section are in addition to, and
  483  not in derogation of, rights under the common law to construe a
  484  will.
  485         (7) This section is remedial in nature and intended to
  486  provide a new or modified legal remedy. This section shall
  487  operate retroactively to January 1, 2010.
  488         Section 13. Subsection (1) of section 733.107, Florida
  489  Statutes, is amended to read:
  490         733.107 Burden of proof in contests; presumption of undue
  491  influence.—
  492         (1) In all proceedings contesting the validity of a will,
  493  the burden shall be upon the proponent of the will to establish
  494  prima facie its formal execution and attestation. A self-proving
  495  affidavit executed in accordance with s. 732.503 or an oath of
  496  an attesting witness executed as required in s. 733.201(2) is
  497  admissible and establishes prima facie the formal execution and
  498  attestation of the will. Thereafter, the contestant shall have
  499  the burden of establishing the grounds on which the probate of
  500  the will is opposed or revocation is sought.
  501         Section 14. Section 733.2123, Florida Statutes, is amended
  502  to read:
  503         733.2123 Adjudication before issuance of letters.—A
  504  petitioner may serve formal notice of the petition for
  505  administration on interested persons. A copy of the will offered
  506  for probate shall be attached to the notice. A No person who is
  507  served with such formal notice before of the petition for
  508  administration prior to the issuance of letters or who has
  509  waived notice may not challenge the validity of the will,
  510  testacy of the decedent, qualifications of the personal
  511  representative, venue, or jurisdiction of the court, except in
  512  the proceedings before issuance of letters.
  513         Section 15. Subsection (4) of section 733.608, Florida
  514  Statutes, is amended to read:
  515         733.608 General power of the personal representative.—
  516         (4) The personal representative’s lien shall attach to the
  517  property and take priority as of the date and time a notice of
  518  that lien is recorded in the official records of the county
  519  where that property is located, and the lien may secure
  520  expenditures and obligations incurred, including, but not
  521  limited to, fees and costs made before or after recording the
  522  notice. The notice of lien may be recorded before adjudicating
  523  prior to the adjudication of the amount of the debt. The notice
  524  of lien also shall also be filed in the probate proceeding, but
  525  failure to do so does shall not affect the validity of the lien.
  526  A copy of the notice of lien shall be served in the manner
  527  provided for service of by formal notice upon each person
  528  appearing to have an interest in the property. The notice of
  529  lien must shall state:
  530         (a) The name and address of the personal representative and
  531  the personal representative’s attorney;
  532         (b) The legal description of the property;
  533         (c) The name of the decedent and also, to the extent known
  534  to the personal representative, the name and address of each
  535  person appearing to have an interest in the property; and
  536         (d) That the personal representative has expended or is
  537  obligated to expend funds to preserve, maintain, insure, and
  538  protect the property and that the lien stands as security for
  539  recovery of those expenditures and obligations incurred,
  540  including, but not limited to, fees and costs.
  542  Substantial compliance with the foregoing provisions renders
  543  shall render the notice in comportment with this section.
  544         Section 16. Subsections (1) and (3) of section 735.203,
  545  Florida Statutes, are amended to read:
  546         735.203 Petition for summary administration.—
  547         (1) A petition for summary administration may be filed by
  548  any beneficiary or person nominated as personal representative
  549  in the decedent’s will offered for probate. The petition must be
  550  signed and verified by the surviving spouse, if any, and any
  551  beneficiaries except that the joinder in a petition for summary
  552  administration is not required of a beneficiary who will receive
  553  a full distributive share under the proposed distribution.
  554  However, formal notice of the petition must be served on a Any
  555  beneficiary not joining in shall be served by formal notice with
  556  the petition.
  557         (3) If each trustee of a trust that is a beneficiary of the
  558  estate of the deceased person is also a petitioner, formal
  559  notice of the petition for summary administration shall be
  560  served on each qualified beneficiary of the trust as defined in
  561  s. 736.0103 shall be served by formal notice with the petition
  562  for summary administration unless joinder in, or consent to, the
  563  petition is obtained from each qualified beneficiary of the
  564  trust.
  565         Section 17. Section 736.1102, Florida Statutes, is amended
  566  to read:
  567         736.1102 Construction of generic terms.—The laws used to
  568  determine paternity and Adopted persons and persons born out of
  569  wedlock are included in class gift terminology and terms of
  570  relationship, in accordance with rules for determining
  571  relationships for the purposes of intestate succession apply
  572  when determining whether class gift terminology and terms of
  573  relationship include adopted persons and persons born out of
  574  wedlock.
  575         Section 18. Subsection (9) of section 744.444, Florida
  576  Statutes, is amended to read:
  577         744.444 Power of guardian without court approval.—Without
  578  obtaining court approval, a plenary guardian of the property, or
  579  a limited guardian of the property within the powers granted by
  580  the order appointing the guardian or an approved annual or
  581  amended guardianship report, may:
  582         (9) Elect whether to dissent from a will under the
  583  provisions of s. 732.2125(2), seek approval to make an election
  584  in accordance with s. 732.401, or assert any other right or
  585  choice available to a surviving spouse in the administration of
  586  a decedent’s estate.
  587         Section 19. Except as otherwise expressly provided in this
  588  act and except for this section, which shall take effect upon
  589  this act becoming a law, this act shall take effect October 1,
  590  2010.