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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to wills and estates; amending s. 2
28.223, F.S.; expanding the types of probate documents 3
that must be recorded; revising a provision for 4
incorporating a certain direction by reference; 5
amending s. 732.217, F.S.; revising the types of 6
property subject to the provisions of a certain act; 7
amending s. 732.218, F.S.; revising the types of 8
property for which there is a rebuttable presumption 9
under a specified act; amending s. 732.219, F.S.; 10
specifying that certain property is either included or 11
excluded from the probate estate at the time of death; 12
defining the term "probate estate"; authorizing 13
specified parties to waive certain property rights; 14
specifying how such rights may be waived; requiring 15
such waiver include specified language; repealing s. 16
732.221, F.S., relating to perfection of title of 17
personal representative or beneficiary; creating s. 18
732.2211, F.S.; providing that demands and disput es 19
arising under a certain act must be determined using a 20
specified action; requiring such action be governed by 21
specified rules; requiring such action be filed within 22
a certain period of time; providing construction; 23
providing that certain parties have no duty to 24
discover if property is subject to a specified act; 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing exceptions; providing that certain rights 26
are forfeit if specified actions are not taken; 27
prohibiting certain parties from being held liable in 28
specified circumstances; providing constr uction; 29
repealing s. 732.223, F.S., relating to perfection of 30
title of surviving spouses; creating s. 732.2231, 31
F.S.; providing definitions; providing that certain 32
parties are not liable for specified actions taken 33
regarding property subject to a certain a ct; amending 34
s. 732.225, F.S.; expanding the types of property for 35
which there is a certain conclusive presumption; 36
amending s. 732.702, F.S.; expanding the types of 37
rights which may be waived by a surviving spouse; 38
expanding the types of rights considered to be "all 39
rights" within a waiver; amending s. 733.212, F.S.; 40
requiring a notice of administration state that 41
specified parties have no duty to discover if property 42
is subject to a certain act; providing an exception; 43
amending s. 733.2121, F.S.; requirin g a notice to 44
creditors state that specified parties have no duty to 45
discover if property is subject to a certain act; 46
providing an exception; amending s. 733.607, F.S.; 47
specifying that specified parties have no rights to, 48
and may not take possession of, c ertain property; 49
providing an exception; providing effective dates. 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
51
Be It Enacted by the Legislature of the State of Florida: 52
53
Section 1. Effective January 1, 2025, subsection (1) of 54
section 28.223, Florida Statutes, is amended to read: 55
28.223 Probate records; recordation. — 56
(1) The clerk of the circuit shall record all wills and 57
codicils admitted to probate, orders admitting the will to 58
probate, orders determining beneficiaries, orders revoking the 59
probate of any wills and codicils, letters of administration, 60
orders affecting or describing real property, final orders, 61
orders of final discharge, and orders of guardianship filed in 62
the clerk's office. No other petitions, pleadings, papers, or 63
other orders relating to probate matters shall be recor ded 64
except on the written direction of the court. The direction may 65
be in the order by incorporation in the order of the words "To 66
be recorded," or words to that effect. Failure to record an 67
order or a judgment shall not affect its validity. 68
Section 2. Section 732.217, Florida Statutes, is amended 69
to read: 70
732.217 Application. —Sections 732.216-732.228 apply to the 71
disposition at death of the following property acquired by a 72
married person: 73
(1) Personal property , except personal property held as 74
tenants by the entirety, wherever located, which: 75
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(a) Was acquired as, or became and remained, community 76
property under the laws of another jurisdiction; 77
(b) Was acquired with the rents, issues, or income of, or 78
the proceeds from, or in exchange for, commu nity property; or 79
(c) Is traceable to that community property. 80
(2) Real property, except real property held as tenants by 81
the entirety and homestead property , which is located in this 82
state, and which: 83
(a) Was acquired with the rents, issues, or inco me of, the 84
proceeds from, or in exchange for, property acquired as, or 85
which became and remained, community property under the laws of 86
another jurisdiction; or 87
(b) Is traceable to that community property. 88
Section 3. Subsection (2) of section 732.218, Florida 89
Statutes, is amended to read: 90
732.218 Rebuttable presumptions. —In determining whether 91
ss. 732.216-732.228 apply to specific property, the following 92
rebuttable presumptions apply: 93
(2) Real property located in this state , other than 94
homestead and real property held as tenants by the entirety, and 95
personal property wherever located acquired by a married person 96
while domiciled in a jurisdiction under whose laws property 97
could not then be acquired as com munity property and title to 98
which was taken in a form which created rights of survivorship 99
are presumed to be property to which these sections do not 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
apply. 101
Section 4. Section 732.219, Florida Statutes, is amended 102
to read: 103
732.219 Disposition upon d eath; waiver.— 104
(1) Upon the death of a married person, one -half of the 105
property to which ss. 732.216 -732.228 apply is the property of 106
the surviving spouse , is not property of the decedent's probate 107
estate, and is not subject to testamentary disposition b y the 108
decedent or distribution under the laws of succession of this 109
state. One-half of that property is the property of the 110
decedent's probate estate decedent and is subject to 111
testamentary disposition or distribution under the laws of 112
succession of this s tate. The decedent's one -half of that 113
property is not in the elective estate. For purposes of this 114
section, the term "probate estate" means all property wherever 115
located, that is subject to estate administration in any state 116
of the United States or in the District of Columbia. 117
(2) If not previously waived pursuant to s. 732.702, the 118
right of a surviving spouse to assert a claim arising under ss. 119
732.216-732.228, to any right, title, or interest in any 120
property held by the decedent at the time of his or he r death 121
may be waived, wholly or partly, by a written contract, 122
agreement, or waiver, signed by the surviving spouse, or any 123
person acting on behalf of a surviving spouse, including, but 124
not limited to, an attorney in fact; agent; guardian of the 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
property; or personal representative, if the written contract, 126
agreement, or waiver includes the following or substantially 127
similar language: 128
"By executing this contract, agreement, or waiver, I intend 129
to waive my right as a surviving spouse to assert a claim 130
to any right, title or interest in property held by the 131
decedent at the time of the decedent's death arising under 132
the Florida Uniform Disposition of Community Property 133
Rights at Death Act (ss. 732.216 -732.228, Florida 134
Statutes), wholly or partly, as provided h erein." 135
Section 5. Section 732.221, Florida Statutes, is repealed. 136
Section 6. Section 732.2211, Florida Statutes, is created 137
to read: 138
732.2211 Demands or disputes; statute of repose. — 139
(1)(a) Any demand or dispute arising, wholly or partly, 140
under ss. 732.216-732.228, regarding any right, title, or 141
interest in any property held by the decedent or surviving 142
spouse at the time of the decedent's death shall be determined 143
in an action for declaratory relief governed by the rules of 144
civil procedure. Notwithstanding any other law, a complaint for 145
such action must be filed within 2 years after the decedent's 146
death or be forever barred. 147
(b) A action for declaratory relief instituted pursuant to 148
this section is not a claim, as defined in s. 731.201, and i s 149
not subject to ss. 733.701 -733.710. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) The personal representative or curator has no duty to 151
discover whether property held by the decedent or surviving 152
spouse at the time of the decedent's death is property to which 153
ss. 732.216-732.228 apply, or may apply, unless a written demand 154
is made by: 155
(a) The surviving spouse or a beneficiary within 6 months 156
after service of a copy of the notice of administration on the 157
surviving spouse or beneficiary. 158
(b) A creditor, except as provided in paragraph (c), 159
within 3 months after the time of the first publication of the 160
notice to creditors. 161
(c) A creditor required to be served with a copy of the 162
notice to creditors, within the later of 30 days after the date 163
of service on the creditor or the time under paragra ph (b). 164
(3) The rights of any interested person who fails to 165
timely file an action for declaratory relief pursuant to this 166
section are forfeited. The decedent's surviving spouse, personal 167
representative or curator, or any other person or entity that at 168
any time is in possession of any property to which ss. 732.216 -169
732.228 apply, or may apply, shall not be subject to liability 170
for any such forfeit rights. The decedent's personal 171
representative or curator may distribute the assets of the 172
decedent's estate without liability for any such forfeit rights. 173
(4) This section does not affect any issue or matter not 174
arising, wholly or partly, under ss. 732.216 -732.228. 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 7. Section 732.223, Florida Statutes, is repealed. 176
Section 8. Section 732.2231, F lorida Statutes, is created 177
to read: 178
732.2231 Protection of payors and other third parties. — 179
(1) As used in this section the terms: 180
(a) "Governing instrument" has the same meaning as in s. 181
732.2025. 182
(b) "Payor" means the decedent's personal repres entative, 183
a trustee of a trust created by the decedent, an insurer, 184
business entity, employer, government, governmental agency or 185
subdivision, or any other person authorized or obligated by law 186
or a governing instrument to make payments. 187
(c) "Person" has the same meaning as in s. 732.2025. 188
(2) A property interest is subject to property rights 189
under ss. 732.216-732.228, however a payor or other third party 190
is not liable for paying, distributing, or transferring such 191
property to a beneficiary designated i n a governing instrument, 192
or for taking any other action in good faith reliance on the 193
validity of a governing instrument. 194
Section 9. Section 732.225, Florida Statutes, is amended 195
to read: 196
732.225 Acts of married persons. —Sections 732.216-732.228 197
do not prevent married persons from severing or altering their 198
interests in property to which these sections apply. The 199
reinvestment of any property to which these sections apply in 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
real property located in this state which is or becomes real or 201
personal property held by tenants by the entirety or homestead 202
property creates a conclusive presumption that the spouses have 203
agreed to terminate the community property attribute of the 204
property reinvested. 205
Section 10. Subsection (1) of section 732.702, Florida 206
Statutes, is amended to read: 207
732.702 Waiver of spousal rights. — 208
(1) The rights of a surviving spouse to an elective share, 209
intestate share, pretermitted share, homestead, exempt property, 210
family allowance, or to assert a claim under the Florida Unifo rm 211
Disposition of Community Property Rights at Death Act as 212
described in ss. 732.216 -732.228, and preference in appointment 213
as personal representative of an intestate estate or any of 214
those rights, may be waived, wholly or partly, before or after 215
marriage, by a written contract, agreement, or waiver, signed by 216
the waiving party in the presence of two subscribing witnesses. 217
The requirement of witnesses shall be applicable only to 218
contracts, agreements, or waivers signed by Florida residents 219
after the effective date of this law. Any contract, agreement, 220
or waiver executed by a nonresident of Florida, either before or 221
after this law takes effect, is valid in this state if valid 222
when executed under the laws of the state or country where it 223
was executed, whether or not he or she is a Florida resident at 224
the time of death. Unless the waiver provides to the contrary, a 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
waiver of "all rights," or equivalent language, in the property 226
or estate of a present or prospective spouse, or a complete 227
property settlement enter ed into after, or in anticipation of, 228
separation, dissolution of marriage, or divorce, is a waiver of 229
all rights to elective share, intestate share, pretermitted 230
share, homestead, exempt property, family allowance, or to 231
assert a claim under the Florida Un iform Disposition of 232
Community Property Rights at Death Act as described in ss. 233
732.216-732.228, and preference in appointment as personal 234
representative of an intestate estate, by the waiving party in 235
the property of the other and a renunciation by the wa iving 236
party of all benefits that would otherwise pass to the waiving 237
party from the other by intestate succession or by the 238
provisions of any will executed before the written contract, 239
agreement, or waiver. 240
Section 11. Paragraph (g) is added to subsect ion (2) of 241
section 733.212, Florida Statutes, to read: 242
733.212 Notice of administration; filing of objections. — 243
(2) The notice shall state: 244
(g) That the personal representative or curator has no 245
duty to discover whether any property held at the time of the 246
decedent's death by the decedent or the decedent's surviving 247
spouse is property to which the Florida Uniform Disposition of 248
Community Property Rights at Death Act as described in ss. 249
732.216-732.228 applies, or may apply, unless a written demand 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
is made by the surviving spouse or a beneficiary as specified 251
under s. 732.2211. 252
Section 12. Subsection (1) of section 733.2121, Florida 253
Statutes, is amended to read: 254
733.2121 Notice to creditors; filing of claims. — 255
(1) Unless creditors' claims are ot herwise barred by s. 256
733.710, the personal representative shall promptly publish a 257
notice to creditors. The notice shall contain the name of the 258
decedent, the file number of the estate, the designation and 259
address of the court in which the proceedings are pending, the 260
name and address of the personal representative, the name and 261
address of the personal representative's attorney, and the date 262
of first publication. The notice shall state that creditors must 263
file claims against the estate with the court during the time 264
periods set forth in s. 733.702, or be forever barred. The 265
notice shall state that a personal representative or curator has 266
no duty to discover whether any property held at the time of the 267
decedent's death by the decedent or the decedent's surviv ing 268
spouse is property to which the Florida Uniform Disposition of 269
Community Property Rights at Death Act as described in ss. 270
732.216-732.228, applies, or may apply, unless a written demand 271
is made by a creditor as specified under s. 732.2211. 272
Section 13. Subsection (1) of section 733.607, Florida 273
Statutes, is amended to read: 274
733.607 Possession of estate. — 275
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(1) Except as otherwise provided by a decedent's will, 276
every personal representative has a right to, and shall take 277
possession or control of, th e decedent's property, except the 278
protected homestead, but any real property or tangible personal 279
property may be left with, or surrendered to, the person 280
presumptively entitled to it unless possession of the property 281
by the personal representative will be necessary for purposes of 282
administration. The request by a personal representative for 283
delivery of any property possessed by a beneficiary is 284
conclusive evidence that the possession of the property by the 285
personal representative is necessary for the purpo ses of 286
administration, in any action against the beneficiary for 287
possession of it. The personal representative shall take all 288
steps reasonably necessary for the management, protection, and 289
preservation of the estate until distribution and may maintain 290
an action to recover possession of property or to determine the 291
title to it. Notwithstanding anything in this section, the 292
personal representative has no right to, and shall not knowingly 293
take possession or control of, a surviving spouse's one -half 294
share of property to which the Florida Uniform Disposition of 295
Community Property Rights at Death Act as described in ss. 296
732.216-732.228, applies. 297
Section 14. Except as otherwise expressly provided in this 298
act, this act shall take effect upon becoming a law. 299