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.
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
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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)
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CS/HB 137, Enrolled (Current Bill Version) Posted 5/5/2001 at 5:23 AM
Bill Text: Web Page | PDF Analyses: None Related Bills (5)
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)
Location: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)
Location: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
Location: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)
Location: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)
Location: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 -
CS/HB 137, Engrossed 2 Posted 5/3/2001 at 4:18 AM
Bill Text: Web Page | PDF Analyses: Judicial Oversight (Post-Meeting) 7/20/2001 (pdf)
Floor Votes (1)
Date Chamber Result 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 -
CS/HB 137, Engrossed 1 Posted 5/3/2001 at 5:05 AM
Bill Text: Web Page | PDF Analyses: None Committee Amendments (1)
Amendment Sponsor Filed Last Committee Action Format 720117 - Technical Amendment
4/30/2001
2:32 PMWeb Page
PDFCitations - 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 -
CS/HB 137, Committee Substitute 1 Posted 4/7/2001 at 2:17 AM
Bill Text: Web Page | PDF Analyses: Council for Smarter Government (Post-Meeting) 4/3/2001 (pdf)
Floor Amendments (2)
Amendment Sponsor Filed Last Floor Action Format 073405 - Amendment
Goodlette 4/19/2001
11:27 AMWeb Page
PDF685411 - Amendment
Goodlette 4/26/2001
9:39 AMWeb Page
PDFFloor Votes (1)
Date Chamber Result 4/30/2001 5:39 PM House 117 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 -
HB 137, Original Filed Version Posted 1/11/2001 at 12:29 AM
Bill Text: Web Page | PDF Analyses: Banking (Post-Meeting) 2/14/2001 (pdf)
Banking (Post-Meeting) 3/7/2001 (pdf)
Judicial Oversight (Post-Meeting) 2/5/2001 (pdf)
Judicial Oversight (Post-Meeting) 2/7/2001 (pdf)
Committee Amendments (12)
Amendment Sponsor Filed Last Committee Action Format 044331 - Amendment
Judicial Oversight 2/6/2001
4:55 PMWeb Page
PDF241877 - Amendment
Judicial Oversight 2/6/2001
5:04 PMWeb Page
PDF450267 - Amendment
Judicial Oversight 2/6/2001
5:05 PMWeb Page
PDF554949 - Amendment
Judicial Oversight 2/6/2001
5:06 PMWeb Page
PDF462601 - Amendment
Judicial Oversight 2/6/2001
5:06 PMWeb Page
PDF870223 - Amendment
Judicial Oversight 2/6/2001
5:07 PMWeb Page
PDF073361 - Amendment
Judicial Oversight 2/6/2001
5:07 PMWeb Page
PDF611275 - Amendment
Banking 3/7/2001
4:01 PMWeb Page
PDF334405 - Amendment
Banking 3/7/2001
4:14 PMWeb Page
PDF545791 - Amendment
Banking 3/7/2001
4:15 PMWeb Page
PDF654517 - Amendment
Banking 3/7/2001
4:16 PMWeb Page
PDF464391 - Amendment
Banking 3/7/2001
4:17 PMWeb Page
PDFCitations - Statutes (201)
Citation Catchline Location in Bill Location In Bill Help 63.172 Effect of judgment of adoption. 215.965 Disbursement of state moneys. 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. 732.2045 Exclusions and overlapping application. 732.2085 Liability of direct recipients and beneficiaries. 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. 737.3054 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