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.