Senate Bill sb1824

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1824

    By Senator Aronberg





    27-911A-06                                       See CS/HB 521

  1                      A bill to be entitled

  2         An act relating to probate; amending s.

  3         655.935, F.S.; revising procedures relating to

  4         opening a decedent's safe-deposit box; amending

  5         s. 655.936, F.S.; revising procedures relating

  6         to delivery of a decedent's safe-deposit box by

  7         lessor; amending s. 655.937, F.S.; revising

  8         procedures relating to granting access to

  9         safe-deposit boxes leased in two or more names;

10         amending s. 732.2135, F.S.; revising provisions

11         relating to time of filing or withdrawing

12         certain estate share elections; amending s.

13         732.402, F.S.; revising procedures relating to

14         filing petitions for determinations of exempt

15         property; amending s. 733.212, F.S.; revising

16         procedures and requirements relating to notices

17         of administration and petitions for relief;

18         amending s. 733.6065, F.S.; revising procedures

19         relating to the opening of a safe-deposit box

20         leased or co-leased by decedent; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 655.935, Florida Statutes, is

26  amended to read:

27         655.935  Search procedure on death of lessee.--If

28  satisfactory proof of the death of the lessee is presented, a

29  lessor shall permit the person named in a court order for the

30  purpose, or if no order has been served upon the lessor, the

31  spouse, a parent, an adult descendant, or a person named as a

                                  1

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1  personal representative in a copy of a purported will produced

 2  by such person, to open and examine the contents of a

 3  safe-deposit box leased or co-leased by a decedent, or any

 4  documents delivered by a decedent for safekeeping, in the

 5  presence of an officer of the lessor; and the lessor, if so

 6  requested by such person, shall deliver:

 7         (1)  Any writing purporting to be a will of the

 8  decedent, to the court having probate jurisdiction in the

 9  county in which the financial institution is located.;

10         (2)  Any writing purporting to be a deed to a burial

11  plot or to give burial instructions, to the person making the

12  request for a search.; and

13         (3)  Any document purporting to be an insurance policy

14  on the life of the decedent, to the beneficiary named therein.

15  

16  No other contents may be removed pursuant to this section.

17  Access granted pursuant to this section shall not be

18  considered the initial opening of the safe-deposit box

19  pursuant to s. 733.6065 by a personal representative appointed

20  by a court in this state.

21         Section 2.  Subsections (1) and (2) of section 655.936,

22  Florida Statutes, are amended to read:

23         655.936  Delivery of safe-deposit box contents or

24  property held in safekeeping to personal representative.--

25         (1)  Subject to the provisions of subsection (3), the

26  lessor shall immediately deliver to a resident personal

27  representative appointed by a court in this state, upon

28  presentation of a certified copy of his or her letters of

29  authority, all property deposited with it by the decedent for

30  safekeeping, and shall grant the resident personal

31  representative access to any safe-deposit box in the

                                  2

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1  decedent's name and permit him or her to remove from such box

 2  any part or all of the contents thereof.

 3         (2)  If a foreign personal representative of a deceased

 4  lessee has been appointed by a court of any other state, a

 5  lessor may, at its discretion, after 3 months from the

 6  issuance to such foreign personal representative of his or her

 7  letters of authority, deliver to such foreign personal

 8  representative all properties deposited with it for

 9  safekeeping and the contents of any safe-deposit box in the

10  name of the decedent if at such time the lessor has not

11  received written notice of the appointment of a personal

12  representative in this state, and such delivery is a valid

13  discharge of the lessor for all property or contents so

14  delivered. A Such foreign personal representative appointed by

15  a court of any other state shall furnish the lessor with an

16  affidavit setting forth facts showing the domicile of the

17  deceased lessee to be other than this state and stating that

18  there are no unpaid creditors of the deceased lessee in this

19  state, together with a certified copy of his or her letters of

20  authority. A lessor making delivery pursuant to this

21  subsection shall maintain in its files a receipt executed by

22  such foreign personal representative which itemizes in detail

23  all property so delivered.

24         Section 3.  Section 655.937, Florida Statutes, is

25  amended to read:

26         655.937  Access to safe-deposit boxes leased in two or

27  more names.--

28         (1)  Unless When specifically provided in the lease or

29  rental agreement to the contrary, when covering a safe-deposit

30  box is heretofore or hereafter rented or leased in the names

31  of two or more lessees, that access to the safe-deposit box

                                  3

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1  will be granted to either lessee, or to either or the

 2  survivor, access to the safe-deposit box shall be granted to:

 3         (a)  Either or any of such lessees, regardless of

 4  whether or not the other lessee or lessees or any of them are

 5  living or competent.

 6         (b)  Subject to s. 655.933, those persons named in s.

 7  655.933.

 8         (c)  Subject to s. 655.935, those persons named in s.

 9  655.935.;or

10         (d)(b)  Subject to s. 733.6065, the personal

11  representative of the estate of either or any of such lessees

12  who is deceased, or the guardian of the property of either or

13  any of such lessees who is incapacitated.; and,

14         (2)  In all cases described in subsection (1), either

15  such case, the provisions of s. 655.933 apply, and the

16  signature on the safe-deposit entry or access record (or the

17  receipt or acquittance, in the case of property or documents

18  otherwise held for safekeeping) is a valid and sufficient

19  release and discharge to the lessor for granting access to

20  such safe-deposit box or for the delivery of such property or

21  documents otherwise held for safekeeping.

22         (3)(2)  A lessor may not be held liable for damages or

23  penalty by reason of any access granted or delivery made

24  pursuant to this section.

25         (4)  The right of access by a co-lessee is separate

26  from the rights and responsibilities of other persons who may

27  be granted access to a safe-deposit box after the death or

28  incapacity of another co-lessee and such right of access is

29  not subject to the provisions of s. 655.935, s. 733.6065, or

30  other requirements imposed upon personal representatives,

31  guardians, or other fiduciaries.

                                  4

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1         (5)  After the death of a co-lessee, the surviving

 2  co-lessee or any other person who is granted access to the

 3  safe-deposit box pursuant to this section may make a written

 4  inventory of the box which shall be conducted by the person

 5  making the request in the presence of one other person as

 6  specified in this subsection. Each person present shall verify

 7  the contents of the box by signing a copy of the inventory

 8  under penalties of perjury.

 9         (a)  If the person making the written inventory is a

10  surviving co-lessee, the other person may be any other person

11  granted access pursuant to this section, an employee of the

12  institution at which the box is located, or an attorney

13  licensed in this state.

14         (b)  If the person making the written inventory is not

15  a surviving co-lessee, the other person may be a surviving

16  co-lessee, an employee of the institution at which the box is

17  located, or an attorney licensed in this state.

18         Section 4.  Subsections (1) and (3) of section

19  732.2135, Florida Statutes, are amended to read:

20         732.2135  Time of election; extensions; withdrawal.--

21         (1)  Except as provided in subsection (2), the election

22  must be filed on or before within the earlier of the date that

23  is 6 months after of the date of service of a copy of the

24  notice of administration on the surviving spouse, or an

25  attorney in fact or guardian of the property of the surviving

26  spouse, or the date that is 2 years after the date of the

27  decedent's death.

28         (3)  The surviving spouse or an attorney in fact,

29  guardian of the property, or personal representative of the

30  surviving spouse may withdraw an election on or before the

31  earlier of the date that is at any time within 8 months after

                                  5

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1  the date of the decedent's death or the date of a court and

 2  before the court's order of contribution. If an election is

 3  withdrawn, the court may assess attorney's fees and costs

 4  against the surviving spouse or the surviving spouse's estate.

 5         Section 5.  Subsection (6) of section 732.402, Florida

 6  Statutes, is amended to read:

 7         732.402  Exempt property.--

 8         (6)  Persons entitled to exempt property shall be

 9  deemed to have waived their rights under this section unless a

10  petition for determination of exempt property is filed by or

11  on behalf of the persons entitled to the exempt property on or

12  before the later of the date that is within 4 months after the

13  date of service of the notice of administration or the date

14  that is within 40 days after from the date of termination of

15  any proceeding involving the construction, admission to

16  probate, or validity of the will or involving any other matter

17  affecting any part of the estate subject to this section.

18         Section 6.  Section 733.212, Florida Statutes, is

19  amended to read:

20         733.212  Notice of administration; filing of

21  objections.--

22         (1)  The personal representative shall promptly serve a

23  copy of the notice of administration on the following persons

24  who are known to the personal representative:

25         (a)  The decedent's surviving spouse;

26         (b)  Beneficiaries;

27         (c)  The trustee of any trust described in s.

28  733.707(3) and each beneficiary of the trust as defined in s.

29  737.303(4)(b), if each trustee is also a personal

30  representative of the estate; and

31         (d)  Persons who may be entitled to exempt property

                                  6

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1  

 2  in the manner provided for service of formal notice, unless

 3  served under s. 733.2123. The personal representative may

 4  similarly serve a copy of the notice on any devisees under a

 5  known prior will or heirs or others who claim or may claim an

 6  interest in the estate.

 7         (2)  The notice shall state:

 8         (a)  The name of the decedent, the file number of the

 9  estate, the designation and address of the court in which the

10  proceedings are pending, whether the estate is testate or

11  intestate, and, if testate, the date of the will and any

12  codicils.,

13         (b)  The name and address of the personal

14  representative, and the name and address of the personal

15  representative's attorney.

16         (c)  The notice shall state That any interested person

17  persons are required to file with the court any objection by

18  an interested person on whom a copy of the notice of

19  administration is the notice was served must file on or before

20  the date that is 3 months after the date of service of a copy

21  of the notice of administration on that person any objection

22  that challenges the validity of the will, the qualifications

23  of the personal representative, the venue, or the jurisdiction

24  of the court within 3 months after the date of service of a

25  copy of the notice of administration on the objecting person.

26         (d)  That persons who may be entitled to exempt

27  property under s. 732.402 will be deemed to have waived their

28  rights to claim that property as exempt property unless a

29  petition for determination of exempt property is filed by such

30  persons or on their behalf on or before the later of the date

31  that is 4 months after the date of service of a copy of the

                                  7

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1  notice of administration on such persons or the date that is

 2  40 days after the date of termination of any proceeding

 3  involving the construction, admission to probate, or validity

 4  of the will or involving any other matter affecting any part

 5  of the exempt property.

 6         (e)  That an election to take an elective share must be

 7  filed on or before the earlier of the date that is 6 months

 8  after the date of service of a copy of the notice of

 9  administration on the surviving spouse, or an attorney in fact

10  or a guardian of the property of the surviving spouse, or the

11  date that is 2 years after the date of the decedent's death.

12         (3)  Any interested person on whom a copy of the notice

13  of administration is was served must object to the validity of

14  the will, the qualifications of the personal representative,

15  the venue, or the jurisdiction of the court by filing a

16  petition or other pleading requesting relief in accordance

17  with the Florida Probate Rules on or before the date that is

18  within 3 months after the date of service of a copy of the

19  notice of administration on the objecting person, or those

20  objections are forever barred.

21         (4)  The appointment of a personal representative or a

22  successor personal representative shall not extend or renew

23  the period for filing objections under this section, unless a

24  new will or codicil is admitted.

25         (5)(4)  The personal representative is not individually

26  liable to any person for giving notice under this section,

27  regardless of whether it is later determined that notice was

28  not required by this section. The service of notice in

29  accordance with this section shall not be construed as

30  conferring any right.

31  

                                  8

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1         (6)(5)  If the personal representative in good faith

 2  fails to give notice required by this section, the personal

 3  representative is not liable to any person for the failure.

 4  Liability, if any, for the failure is on the estate.

 5         (7)(6)  If a will or codicil is subsequently admitted

 6  to probate, the personal representative shall promptly serve a

 7  copy of a new notice of administration as required for an

 8  initial will admission.

 9         (8)  For the purpose of determining deadlines

10  established by reference to the date of service of a copy of

11  the notice of administration in cases in which such service

12  has been waived, service shall be deemed to occur on the date

13  the waiver is filed.

14         Section 7.  Section 733.6065, Florida Statutes, is

15  amended to read:

16         733.6065  Opening safe-deposit box.--

17         (1)  Subject to the provisions of s. 655.936(2), the

18  initial opening of a the decedent's safe-deposit box leased or

19  co-leased by the decedent shall be conducted in the presence

20  of any two of the following persons: an employee of the

21  institution where the box is located, the personal

22  representative, or the personal representative's attorney of

23  record. Each person who is present must verify the contents of

24  the box by signing a copy of the inventory under penalties of

25  perjury. The personal representative shall file the

26  safe-deposit box inventory, together with a copy of the box

27  entry record from a date which is 6 months prior to the date

28  of death to the date of inventory, with the court within 10

29  days after the box is opened. Unless otherwise ordered by the

30  court, this inventory and the attached box entry record is

31  subject to inspection only by persons entitled to inspect an

                                  9

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






    Florida Senate - 2006                                  SB 1824
    27-911A-06                                       See CS/HB 521




 1  inventory under s. 733.604(1). The personal representative may

 2  remove the contents of the box.

 3         (2)  The right to open and examine the contents of a

 4  safe-deposit box leased by a decedent, or any documents

 5  delivered by a decedent for safekeeping, and to receive items

 6  as provided for in s. 655.935 are separate from in addition to

 7  the rights provided for in subsection (1).

 8         Section 8.  This act shall take effect July 1, 2006.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

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