CS/HB 137: Probate
GENERAL BILL by Council for Smarter Government ; Goodlette ; (CO-INTRODUCERS) Cantens ; Pickens ; Seiler ; Bense ; Fiorentino ; Joyner
Probate; provides for right of inheritance re adoption; revises language re recovery of payments made on behalf of certain Medicaid-eligible persons; amends provisions re opening of decedent's safe-deposit box & re Florida Probate Code; revises language re share of spouse; increases monetary amount of certain shares; provides that aliens shall have same right of inheritance as citizens, etc. Amends FS.
Effective Date: 01/01/2002
Last Action: 6/13/2001 - Approved by Governor; Chapter No. 2001-226; See also CS/CS/HB 107 (Ch. 2001-36)
Bill Text: Web Page | PDF
Last Action: 6/13/2001 - Approved by Governor; Chapter No. 2001-226; See also CS/CS/HB 107 (Ch. 2001-36)
Bill Text: Web Page | PDF
Bill History
| Date | Chamber | Action |
|---|---|---|
| 1/10/2001 | House |
• Prefiled |
| 1/23/2001 | House |
• Referred to Judicial Oversight (SGC); Banking (CCC); Council for Smarter Government |
| 1/29/2001 | House |
• On Committee agenda-- Judicial Oversight (SGC), 02/06/01, 1:30 pm, Reed Hall |
| 2/6/2001 | House |
• Favorable with 7 amendment(s) by Judicial Oversight (SGC); YEAS 10 NAYS 0 |
| 2/7/2001 | House |
• Now in Banking (CCC) |
| 3/5/2001 | House |
• On Committee agenda-- Banking (CCC), 03/07/01, 9:00 am, 214-C |
| 3/6/2001 | House |
• Introduced, referred to Judicial Oversight (SGC); Banking (CCC); Council for Smarter Government -HJ 00021; On Committee agenda-- Judicial Oversight (SGC), 02/06/01, 1:30 pm, Reed Hall; Favorable with 7 amendment(s) by Judicial Oversight (SGC); YEAS 10 NAYS 0 -HJ 00077; Now in Banking (CCC) -HJ 00077; On Committee agenda-- Banking (CCC), 03/07/01, 9:00 am, 214-C |
| 3/7/2001 | House |
• Favorable with 5 amendment(s) by Banking (CCC); YEAS 8 NAYS 0 -HJ 00159 |
| 3/8/2001 | House |
• Now in Council for Smarter Government -HJ 00159 |
| 3/20/2001 | House |
• On Council agenda-- Council for Smarter Government, 03/22/01, 10:15 am, Morris Hall |
| 3/22/2001 | House |
• CS by- Council for Smarter Government; YEAS 10 NAYS 0 -HJ 00504 |
| 4/10/2001 | House |
• CS read first time on 04/10/01 -HJ 00499 • Placed on Calendar, on second reading -HJ 00504 |
| 4/6/2001 | House |
• Pending review of CS under Rule 6 -HJ 00504 |
| 4/26/2001 | House |
• Placed on Special Order Calendar; Retained on Calendar |
| 4/27/2001 | House |
• Placed on Special Order Calendar; Read second time -HJ 01329; Amendment(s) adopted -HJ 01331 |
| 4/30/2001 | House |
• Read third time -HJ 01423; Amendment(s) adopted -HJ 01424; CS passed as amended; YEAS 117 NAYS 0 -HJ 01425 |
| 4/30/2001 | Senate |
• In Messages |
| 5/2/2001 | Senate |
• Received, referred to Judiciary; Appropriations Subcommittee on Public Safety and Judiciary; Appropriations -SJ 00953 |
| 5/3/2001 | Senate |
• Withdrawn from Judiciary; Appropriations Subcommittee on Public Safety and Judiciary; Appropriations -SJ 01052; Substituted for CS/SB 402 -SJ 01054; Read second time -SJ 01054 |
| 5/4/2001 | Senate |
• Read third time -SJ 01357; CS passed; YEAS 37 NAYS 0 -SJ 01359 |
| 5/4/2001 | House |
• Ordered enrolled -HJ 02593 |
| 5/30/2001 |
• Signed by Officers and presented to Governor |
|
| 6/13/2001 |
• Approved by Governor; Chapter No. 2001-226; See also CS/CS/HB 107 (Ch. 2001-36) |
Related Bills
| Bill Number | Subject | Filed By | Relationship | Last Action and Location |
|---|---|---|---|---|
| S 402 (c1) | Probate | Burt | Similar | Last Action: 5/3/2001 S Placed on Special Order Calendar -SJ 00951; Read second time -SJ 01050; Amendment(s) adopted -SJ 01050; House Bill substituted -SJ 01054; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/HB 137 (Ch. 2001-226); See also CS/CS/HB 107 (Ch. 2001-36) |
| H 17 | Intangible Personal Property Taxes | Melvin, Davis | Compare | Last Action: 5/4/2001 H Died in Council on Fiscal Responsibility Council, Link/Iden/Sim/Compare passed, refer to CS/HB 137 (Ch. 2001-226) |
| H 107 (e2) | Prieguez | Compare | Last Action: 4/30/2001 Approved by Governor; Chapter No. 2001-36; See also CS/HB 137 (Ch. 2001-226) -HJ 01431 | |
| S 976 | Intangible Personal Property Taxes | Peaden | Compare | Last Action: 5/4/2001 S Died in Committee on Commerce and Economic Opportunities, Link/Iden/Sim/Compare passed, refer to CS/HB 137 (Ch. 2001-226) |
| S 1398 (e1) | Unclaimed Property | Carlton | Compare | Last Action: 4/11/2001 S House Bill substituted -SJ 00318; Laid on Table, Link/Iden/Sim/Compare passed, refer to CS/CS/HB 107 (Ch. 2001-36); See also CS/HB 137 (Ch. 2001-226) |
Bill Text
| Version | Posted | Format |
|---|---|---|
| H 137 Filed | 1/11/2001 12:29 AM | Web Page | PDF |
| H 137 c1 | 4/7/2001 2:17 AM | Web Page | PDF |
| H 137 e2 | 5/3/2001 4:18 AM | Web Page | PDF |
| H 137 e1 | 5/3/2001 5:05 AM | Web Page | PDF |
| H 137 er | 5/5/2001 5:23 AM | Web Page | PDF |
Committee Amendments
| Amendment | Sponsor | Filed | Last Committee Action | Format |
|---|---|---|---|---|
|
044331 - Amendment |
Judicial Oversight |
2/6/2001 4:55 PM |
Web Page
|
|
|
241877 - Amendment |
Judicial Oversight |
2/6/2001 5:04 PM |
Web Page
|
|
|
450267 - Amendment |
Judicial Oversight |
2/6/2001 5:05 PM |
Web Page
|
|
|
554949 - Amendment |
Judicial Oversight |
2/6/2001 5:06 PM |
Web Page
|
|
|
462601 - Amendment |
Judicial Oversight |
2/6/2001 5:06 PM |
Web Page
|
|
|
870223 - Amendment |
Judicial Oversight |
2/6/2001 5:07 PM |
Web Page
|
|
|
073361 - Amendment |
Judicial Oversight |
2/6/2001 5:07 PM |
Web Page
|
|
|
611275 - Amendment |
Banking |
3/7/2001 4:01 PM |
Web Page
|
|
|
334405 - Amendment |
Banking |
3/7/2001 4:14 PM |
Web Page
|
|
|
545791 - Amendment |
Banking |
3/7/2001 4:15 PM |
Web Page
|
|
|
654517 - Amendment |
Banking |
3/7/2001 4:16 PM |
Web Page
|
|
|
464391 - Amendment |
Banking |
3/7/2001 4:17 PM |
Web Page
|
| Amendment | Sponsor | Filed | Last Committee Action | Format |
|---|---|---|---|---|
|
720117 - Technical Amendment |
4/30/2001 2:32 PM |
Web Page
|
Bill Analyses
| Type | Analysis | Author | Posted | Format |
|---|---|---|---|---|
| Bill Analysis | H 137 | Banking (Post-Meeting) | 2/14/2001 12:00 AM | |
| Bill Analysis | H 137 | Banking (Post-Meeting) | 3/7/2001 12:00 AM | |
| Bill Analysis | H 137 | Judicial Oversight (Post-Meeting) | 2/5/2001 12:00 AM | |
| Bill Analysis | H 137 | Judicial Oversight (Post-Meeting) | 2/7/2001 12:00 AM | |
| Bill Analysis | H 137 | Council for Smarter Government (Post-Meeting) | 4/3/2001 12:00 AM | |
| Bill Analysis | H 137 | Judicial Oversight (Post-Meeting) | 7/20/2001 12:00 AM |
Vote History - Committee
No Committee Vote History AvailableVote History - Floor
| Vote | Date | Chamber | Result |
|---|---|---|---|
| H 137 c1 | 4/30/2001 5:39 PM | House | 117 Yeas - 0 Nays |
| H 137 e2 | 5/4/2001 11:11 AM | Senate | 37 Yeas - 0 Nays |
Citations - Statutes (209)
| Citation | Catchline | Location in Bill Location In Bill Help |
|---|---|---|
| 63.172 | Effect of judgment of adoption. | |
| 215.965 | Disbursement of state moneys. | |
| 381.004 | HIV testing. | |
| 381.0041 | Donation and transfer of human tissue; testing requirements. | |
| 409.9101 | Recovery for payments made on behalf of Medicaid-eligible persons. | |
| 655.936 | Delivery of safe-deposit box contents or property held in safekeeping to personal representative. | |
| 660.46 | Substitution of fiduciaries. | |
| 731.005 | Short title. | |
| 731.011 | Determination of substantive rights; procedures. | |
| 731.104 | Verification of documents. | |
| 731.106 | Assets of nondomiciliaries. | |
| 731.107 | Adversary proceedings. | |
| 731.110 | Caveat; proceedings. | |
| 731.111 | Notice to creditors. | |
| 731.201 | General definitions. | |
| 731.301 | Notice; method and time; proof. | |
| 731.303 | Representation. | |
| 732.101 | Intestate estate. | |
| 732.102 | Share of spouse. | |
| 732.103 | Share of other heirs. | |
| 732.107 | Escheat. | |
| 732.1101 | Aliens. | |
| 732.2025 | Definitions. | |
| 732.2035 | Property entering into elective estate. | |
| 732.2045 | Exclusions and overlapping application. | |
| 732.2055 | Valuation of the elective estate. | |
| 732.2075 | Sources from which elective share payable; abatement. | |
| 732.2085 | Liability of direct recipients and beneficiaries. | |
| 732.2095 | Valuation of property used to satisfy elective share. | |
| 732.2105 | Effect of election on other interests. | |
| 732.2125 | Right of election; by whom exercisable. | |
| 732.2135 | Time of election; extensions; withdrawal. | |
| 732.2145 | Order of contribution; personal representative's duty to collect contribution. | |
| 732.2155 | Effective date; effect of prior waivers; transition rules. | |
| 732.218 | Rebuttable presumptions. | |
| 732.219 | Disposition upon death. | |
| 732.221 | Perfection of title of personal representative, heir, or devisee. | |
| 732.222 | Purchaser for value or lender. | |
| 732.223 | Perfection of title of surviving spouse. | |
| 732.302 | Pretermitted children. | |
| 732.401 | Descent of homestead. | |
| 732.4015 | Devise of homestead. | |
| 732.402 | Exempt property. | |
| 732.403 | Family allowance. | |
| 732.501 | Who may make a will. | |
| 732.502 | Execution of wills. | |
| 732.503 | Self-proof of will. | |
| 732.505 | Revocation by writing. | |
| 732.507 | Effect of subsequent marriage, birth, or dissolution of marriage. | |
| 732.513 | Devises to trustee. | |
| 732.514 | Vesting of devises. | |
| 732.515 | Separate writing identifying devises of tangible property. | |
| 732.6005 | Rules of construction and intention. | |
| 732.601 | Simultaneous Death Law. | |
| 732.603 | Antilapse; deceased devisee; class gifts. | |
| 732.604 | Failure of testamentary provision. | |
| 732.605 | Change in securities; accessions; nonademption. | |
| 732.606 | Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance. | |
| 732.701 | Agreements concerning succession. | |
| 732.702 | Waiver of right to elect and of other rights. | |
| 732.801 | Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. | |
| 732.804 | Provisions relating to cremation. | |
| 732.901 | Production of wills. | |
| 732.910 | Legislative declaration. | |
| 732.911 | Definitions. | |
| 732.912 | Persons who may make an anatomical gift. | |
| 732.913 | Persons and entities that may become donees; purposes for which anatomical gifts may be made. | |
| 732.914 | Manner of executing anatomical gifts. | |
| 732.915 | Delivery of document; organ and tissue donor registry. | |
| 732.916 | Amendment or revocation of the gift. | |
| 732.917 | Rights and duties at death. | |
| 732.918 | Eye banks. | |
| 732.9185 | Corneal removal by medical examiners. | |
| 732.919 | Enucleation of eyes by licensed funeral directors. | |
| 732.921 | Donations as part of driver license or identification card process. | |
| 732.9215 | Education program relating to anatomical gifts. | |
| 732.92155 | Florida Organ and Tissue Donor Education and Procurement Trust Fund. | |
| 732.9216 | Organ and tissue donor education panel. | |
| 732.922 | Duty of certain hospital administrators; liability of hospital administrators, organ procurement organizations, eye banks, and tissue banks. | |
| 733.101 | Venue of probate proceedings. | |
| 733.103 | Effect of probate. | |
| 733.104 | Suspension of statutes of limitation in favor of the personal representative. | |
| 733.105 | Determination of beneficiaries. | |
| 733.106 | Costs and attorney fees. | |
| 733.107 | Burden of proof in contests. | |
| 733.109 | Revocation of probate. | |
| 733.201 | Proof of wills. | |
| 733.202 | Petition. | |
| 733.203 | Notice; when required. | |
| 733.204 | Probate of a will written in a foreign language. | |
| 733.205 | Probate of notarial will. | |
| 733.206 | Probate of will of resident after foreign probate. | |
| 733.207 | Establishment and probate of lost or destroyed will. | |
| 733.208 | Discovery of later will. | |
| 733.209 | Estates of missing persons. | |
| 733.212 | Notice of administration; filing of objections and claims. | |
| 733.2121 | ||
| 733.2123 | Adjudication before issuance of letters. | |
| 733.213 | Probate as prerequisite to petition for construction of will. | |
| 733.301 | Preference in appointment of personal representative. | |
| 733.302 | Who may be appointed personal representative. | |
| 733.305 | Trust companies and other corporations and associations. | |
| 733.306 | Effect of appointment of debtor. | |
| 733.307 | Succession of administration. | |
| 733.308 | Administrator ad litem. | |
| 733.309 | Executor de son tort. | |
| 733.310 | ||
| 733.401 | Issuance of letters. | |
| 733.402 | Bond of personal representative; when required; form. | |
| 733.403 | Amount of bond. | |
| 733.404 | Liability of surety. | |
| 733.405 | Release of surety. | |
| 733.406 | Bond premium allowable as expense or costs. | |
| 733.501 | Curators. | |
| 733.502 | Resignation of personal representative. | |
| 733.503 | Appointment of successor upon resignation. | |
| 733.5035 | ||
| 733.5036 | ||
| 733.504 | Causes of removal of personal representative. | |
| 733.505 | Jurisdiction in removal proceedings. | |
| 733.506 | Proceedings for removal. | |
| 733.5061 | ||
| 733.507 | Administration following resignation or removal. | |
| 733.508 | Accounting upon removal. | |
| 733.509 | Surrender of assets upon removal. | |
| 733.601 | Time of accrual of duties and powers. | |
| 733.602 | General duties. | |
| 733.603 | Personal representative to proceed without court order. | |
| 733.604 | Inventory. | |
| 733.605 | Appraisers. | |
| 733.6065 | ||
| 733.607 | Possession of estate. | |
| 733.608 | General power of the personal representative. | |
| 733.609 | Improper exercise of power; breach of fiduciary duty. | |
| 733.610 | Sale, encumbrance or transaction involving conflict of interest. | |
| 733.611 | Persons dealing with the personal representative; protection. | |
| 733.612 | Transactions authorized for the personal representative; exceptions. | |
| 733.6121 | Powers of personal representatives conferred by this part in relation to environmental or human health laws affecting property subject to administration or to property subject to administration contaminated with hazardous or toxic substances; liability. | |
| 733.613 | Personal representative's right to sell real property. | |
| 733.614 | Powers and duties of successor personal representative. | |
| 733.615 | Joint personal representatives; when joint action required. | |
| 733.616 | Powers of surviving personal representatives. | |
| 733.617 | Compensation of personal representative. | |
| 733.6171 | Compensation of attorney for the personal representative. | |
| 733.6175 | Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. | |
| 733.619 | Individual liability of personal representative. | |
| 733.701 | Notifying creditors. | |
| 733.702 | Limitations on presentation of claims. | |
| 733.703 | Form and manner of presenting claim. | |
| 733.704 | Amendment of claims. | |
| 733.705 | Payment of and objection to claims. | |
| 733.707 | Order of payment of expenses and obligations. | |
| 733.708 | Compromise. | |
| 733.710 | Limitations on claims against estates. | |
| 733.801 | Delivery of devises and distributive shares. | |
| 733.802 | Proceedings for compulsory payment of devises or distributive interest. | |
| 733.803 | Encumbered property; liability for payment. | |
| 733.805 | Order in which assets are appropriated. | |
| 733.806 | Advancement. | |
| 733.808 | Death benefits; disposition of proceeds. | |
| 733.809 | Right of retainer. | |
| 733.810 | Distribution in kind; valuation. | |
| 733.811 | Distribution; right or title of distributee. | |
| 733.812 | Improper distribution; liability of distributee. | |
| 733.813 | Purchasers from distributees protected. | |
| 733.814 | Partition for purpose of distribution. | |
| 733.815 | Private agreements among distributees. | |
| 733.816 | Disposition of unclaimed property held by personal representatives. | |
| 733.817 | Apportionment of estate taxes. | |
| 733.901 | Distribution; final discharge. | |
| 733.903 | Subsequent administration. | |
| 734.101 | Foreign personal representative. | |
| 734.102 | Ancillary administration. | |
| 734.1025 | Nonresident decedent's estate with property not exceeding | |
| 734.104 | Foreign wills; admission to record; effect on title. | |
| 734.201 | Jurisdiction by act of foreign personal representative. | |
| 734.202 | Jurisdiction by act of decedent. | |
| 735.101 | Family administration; nature of proceedings. | |
| 735.103 | Petition for family administration. | |
| 735.107 | Family administration distribution. | |
| 735.201 | Summary administration; nature of proceedings. | |
| 735.203 | Petition for summary administration. | |
| 735.206 | Summary administration distribution. | |
| 735.2063 | Notice to creditors. | |
| 735.209 | Joinder of heirs, devisees, or surviving spouse in summary administration. | |
| 735.301 | Disposition without administration. | |
| 735.302 | Income tax refunds in certain cases. | |
| 737.111 | Execution requirements for express trusts. | |
| 737.208 | ||
| 737.3054 | Trustee's duty to pay expenses and obligations of settlor's estate. | |
| 737.306 | Personal liability of trustee. | |
| 737.3061 | ||
| 737.308 | Notice of trust. | |
| 765.510 | ||
| 765.511 | ||
| 765.512 | ||
| 765.513 | ||
| 765.514 | ||
| 765.515 | ||
| 765.516 | ||
| 765.517 | ||
| 765.518 | ||
| 765.5185 | ||
| 765.519 | ||
| 765.521 | ||
| 765.5215 | ||
| 765.52155 | ||
| 765.5216 | ||
| 765.522 |
Citations - Constitution (0)
No Constitutional citations.
Citations - Chapter Law (0)
No Chapter Law citations.
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