HB 521

1	A bill to be entitled
2	An act relating to probate; amending s. 732.2135, F.S.;
3	revising provisions relating to time of filing or
4	withdrawing certain estate share elections; amending s.
5	732.402, F.S.; revising procedures relating to filing
6	petitions for determinations of exempt property; amending
7	s. 733.212, F.S.; revising procedures and requirements
8	relating to notices of administration and petitions for
9	relief; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (1) and (3) of section 732.2135,
14	Florida Statutes, are amended to read:
15	732.2135  Time of election; extensions; withdrawal.--
16	(1)  Except as provided in subsection (2), the election
17	must be filed on or before within the earlier of the date that
18	is 6 months after of the date of service of a copy of the notice
19	of administration on the surviving spouse, or an attorney in
20	fact or guardian of the property of the surviving spouse, or the
21	date that is 2 years after the date of the decedent's death.
22	(3)  The surviving spouse or an attorney in fact, guardian
23	of the property, or personal representative of the surviving
24	spouse may withdraw an election on or before the earlier of the
25	date that is at any time within 8 months after the date of the
26	decedent's death or the date of a court and before the court's
27	order of contribution. If an election is withdrawn, the court
28	may assess attorney's fees and costs against the surviving
29	spouse or the surviving spouse's estate.
30	Section 2.  Subsection (6) of section 732.402, Florida
31	Statutes, is amended to read:
32	732.402  Exempt property.--
33	(6)  Persons entitled to exempt property shall be deemed to
34	have waived their rights under this section unless a petition
35	for determination of exempt property is filed by or on behalf of
36	the persons entitled to the exempt property on or before the
37	later of the date that is within 4 months after the date of
38	service of the notice of administration or the date that is
39	within 40 days after from the date of termination of any
40	proceeding involving the construction, admission to probate, or
41	validity of the will or involving any other matter affecting any
42	part of the estate subject to this section.
43	Section 3.  Section 733.212, Florida Statutes, is amended
44	to read:
45	733.212  Notice of administration; filing of objections.--
46	(1)  The personal representative shall promptly serve a
47	copy of the notice of administration on the following persons
48	who are known to the personal representative:
49	(a)  The decedent's surviving spouse;
50	(b)  Beneficiaries;
51	(c)  The trustee of any trust described in s. 733.707(3)
52	and each beneficiary of the trust as defined in s.
53	737.303(4)(b), if each trustee is also a personal representative
54	of the estate; and
55	(d)  Persons who may be entitled to exempt property
56
57	in the manner provided for service of formal notice, unless
58	served under s. 733.2123. The personal representative may
59	similarly serve a copy of the notice on any devisees under a
60	known prior will or heirs or others who claim or may claim an
61	interest in the estate.
62	(2)  The notice shall state:
63	(a)  The name of the decedent, the file number of the
64	estate, the designation and address of the court in which the
65	proceedings are pending, whether the estate is testate or
66	intestate, and, if testate, the date of the will and any
67	codicils.,
68	(b)  The name and address of the personal representative,
69	and the name and address of the personal representative's
70	attorney.
71	(c)  The notice shall state That any interested person
72	persons are required to file with the court any objection by an
73	interested person on whom a copy of the notice of administration
74	is the notice was served must file on or before the date that is
75	3 months after the date of service of a copy of the notice of
76	administration on that person any objection that challenges the
77	validity of the will, the qualifications of the personal
78	representative, the venue, or the jurisdiction of the court
79	within 3 months after the date of service of a copy of the
80	notice of administration on the objecting person.
81	(d)  That persons who may be entitled to exempt property
82	under s. 732.402 will be deemed to have waived their rights to
83	claim that property as exempt property unless a petition for
84	determination of exempt property is filed by or on their behalf
85	on or before the later of the date that is 4 months after the
86	date of service of a copy of the notice of administration on
87	such persons or the date that is 40 days after the date of
88	termination of any proceeding involving the construction,
89	admission to probate, or validity of the will or involving any
90	other matter affecting any part of the exempt property.
91	(e)  That an election to take an elective share must be
92	filed on or before the earlier of the date that is 6 months
93	after the date of service of a copy of the notice of
94	administration on the surviving spouse, or an attorney in fact
95	or a guardian of the property of the surviving spouse, or the
96	date that is 2 years after the date of the decedent's death.
97	(3)  Any interested person on whom a copy of the notice of
98	administration is was served must object to the validity of the
99	will, the qualifications of the personal representative, the
100	venue, or the jurisdiction of the court by filing a petition or
101	other pleading requesting relief in accordance with the Florida
102	Probate Rules on or before the date that is within 3 months
103	after the date of service of a copy of the notice of
104	administration on the objecting person, or those objections are
105	forever barred.
106	(4)  The appointment of a personal representative or a
107	successor personal representative shall not extend or renew the
108	period for filing objections under this section, unless a new
109	will or codicil is admitted.
110	(5)(4)  The personal representative is not individually
111	liable to any person for giving notice under this section,
112	regardless of whether it is later determined that notice was not
113	required by this section. The service of notice in accordance
114	with this section shall not be construed as conferring any
115	right.
116	(6)(5)  If the personal representative in good faith fails
117	to give notice required by this section, the personal
118	representative is not liable to any person for the failure.
119	Liability, if any, for the failure is on the estate.
120	(7)(6)  If a will or codicil is subsequently admitted to
121	probate, the personal representative shall promptly serve a copy
122	of a new notice of administration as required for an initial
123	will admission.
124	(8)  For the purpose of determining deadlines established
125	by reference to the date of service of a copy of the notice of
126	administration in cases in which such service has been waived,
127	service shall be deemed to occur on the date the waiver is
128	filed.
129	Section 4.  This act shall take effect July 1, 2006.

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