HB 0521CS

CHAMBER ACTION



1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to probate; amending s. 655.935, F.S.;
7revising procedures relating to opening a decedent's safe-
8deposit box; amending s. 655.936, F.S.; revising
9procedures relating to delivery of a decedent's safe-
10deposit box by lessor; amending s. 655.937, F.S.; revising
11procedures relating to granting access to safe-deposit
12boxes leased in two or more names; amending s. 732.2135,
13F.S.; revising provisions relating to time of filing or
14withdrawing certain estate share elections; amending s.
15732.402, F.S.; revising procedures relating to filing
16petitions for determinations of exempt property; amending
17s. 733.212, F.S.; revising procedures and requirements
18relating to notices of administration and petitions for
19relief; amending s. 733.6065, F.S.; revising procedures
20relating to the opening of a safe-deposit box leased or
21co-leased by decedent; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 655.935, Florida Statutes, is amended
26to read:
27     655.935  Search procedure on death of lessee.--If
28satisfactory proof of the death of the lessee is presented, a
29lessor shall permit the person named in a court order for the
30purpose, or if no order has been served upon the lessor, the
31spouse, a parent, an adult descendant, or a person named as a
32personal representative in a copy of a purported will produced
33by such person, to open and examine the contents of a safe-
34deposit box leased or co-leased by a decedent, or any documents
35delivered by a decedent for safekeeping, in the presence of an
36officer of the lessor; and the lessor, if so requested by such
37person, shall deliver:
38     (1)  Any writing purporting to be a will of the decedent,
39to the court having probate jurisdiction in the county in which
40the financial institution is located.;
41     (2)  Any writing purporting to be a deed to a burial plot
42or to give burial instructions, to the person making the request
43for a search.; and
44     (3)  Any document purporting to be an insurance policy on
45the life of the decedent, to the beneficiary named therein.
46
47No other contents may be removed pursuant to this section.
48Access granted pursuant to this section shall not be considered
49the initial opening of the safe-deposit box pursuant to s.
50733.6065 by a personal representative appointed by a court in
51this state.
52     Section 2.  Subsections (1) and (2) of section 655.936,
53Florida Statutes, are amended to read:
54     655.936  Delivery of safe-deposit box contents or property
55held in safekeeping to personal representative.--
56     (1)  Subject to the provisions of subsection (3), the
57lessor shall immediately deliver to a resident personal
58representative appointed by a court in this state, upon
59presentation of a certified copy of his or her letters of
60authority, all property deposited with it by the decedent for
61safekeeping, and shall grant the resident personal
62representative access to any safe-deposit box in the decedent's
63name and permit him or her to remove from such box any part or
64all of the contents thereof.
65     (2)  If a foreign personal representative of a deceased
66lessee has been appointed by a court of any other state, a
67lessor may, at its discretion, after 3 months from the issuance
68to such foreign personal representative of his or her letters of
69authority, deliver to such foreign personal representative all
70properties deposited with it for safekeeping and the contents of
71any safe-deposit box in the name of the decedent if at such time
72the lessor has not received written notice of the appointment of
73a personal representative in this state, and such delivery is a
74valid discharge of the lessor for all property or contents so
75delivered. A Such foreign personal representative appointed by a
76court of any other state shall furnish the lessor with an
77affidavit setting forth facts showing the domicile of the
78deceased lessee to be other than this state and stating that
79there are no unpaid creditors of the deceased lessee in this
80state, together with a certified copy of his or her letters of
81authority. A lessor making delivery pursuant to this subsection
82shall maintain in its files a receipt executed by such foreign
83personal representative which itemizes in detail all property so
84delivered.
85     Section 3.  Section 655.937, Florida Statutes, is amended
86to read:
87     655.937  Access to safe-deposit boxes leased in two or more
88names.--
89     (1)  Unless When specifically provided in the lease or
90rental agreement to the contrary, when covering a safe-deposit
91box is heretofore or hereafter rented or leased in the names of
92two or more lessees, that access to the safe-deposit box will be
93granted to either lessee, or to either or the survivor, access
94to the safe-deposit box shall be granted to:
95     (a)  Either or any of such lessees, regardless of whether
96or not the other lessee or lessees or any of them are living or
97competent.
98     (b)  Subject to s. 655.933, those persons named in s.
99655.933.
100     (c)  Subject to s. 655.935, those persons named in s.
101655.935.;or
102     (d)(b)  Subject to s. 733.6065, the personal representative
103of the estate of either or any of such lessees who is deceased,
104or the guardian of the property of either or any of such lessees
105who is incapacitated.; and,
106     (2)  In all cases described in subsection (1), either such
107case, the provisions of s. 655.933 apply, and the signature on
108the safe-deposit entry or access record (or the receipt or
109acquittance, in the case of property or documents otherwise held
110for safekeeping) is a valid and sufficient release and discharge
111to the lessor for granting access to such safe-deposit box or
112for the delivery of such property or documents otherwise held
113for safekeeping.
114     (3)(2)  A lessor may not be held liable for damages or
115penalty by reason of any access granted or delivery made
116pursuant to this section.
117     (4)  The right of access by a co-lessee is separate from
118the rights and responsibilities of other persons who may be
119granted access to a safe-deposit box after the death or
120incapacity of another co-lessee and such right of access is not
121subject to the provisions of s. 655.935, s. 733.6065, or other
122requirements imposed upon personal representatives, guardians,
123or other fiduciaries.
124     (5)  After the death of a co-lessee, the surviving co-
125lessee or any other person who is granted access to the safe-
126deposit box pursuant to this section may make a written
127inventory of the box which shall be conducted by the person
128making the request in the presence of one other person as
129specified in this subsection. Each person present shall verify
130the contents of the box by signing a copy of the inventory under
131penalties of perjury.
132     (a)  If the person making the written inventory is a
133surviving co-lessee, the other person may be any other person
134granted access pursuant to this section, an employee of the
135institution at which the box is located, or an attorney licensed
136in this state.
137     (b)  If the person making the written inventory is not a
138surviving co-lessee, the other person may be a surviving co-
139lessee, an employee of the institution at which the box is
140located, or an attorney licensed in this state.
141     Section 4.  Subsections (1) and (3) of section 732.2135,
142Florida Statutes, are amended to read:
143     732.2135  Time of election; extensions; withdrawal.--
144     (1)  Except as provided in subsection (2), the election
145must be filed on or before within the earlier of the date that
146is 6 months after of the date of service of a copy of the notice
147of administration on the surviving spouse, or an attorney in
148fact or guardian of the property of the surviving spouse, or the
149date that is 2 years after the date of the decedent's death.
150     (3)  The surviving spouse or an attorney in fact, guardian
151of the property, or personal representative of the surviving
152spouse may withdraw an election on or before the earlier of the
153date that is at any time within 8 months after the date of the
154decedent's death or the date of a court and before the court's
155order of contribution. If an election is withdrawn, the court
156may assess attorney's fees and costs against the surviving
157spouse or the surviving spouse's estate.
158     Section 5.  Subsection (6) of section 732.402, Florida
159Statutes, is amended to read:
160     732.402  Exempt property.--
161     (6)  Persons entitled to exempt property shall be deemed to
162have waived their rights under this section unless a petition
163for determination of exempt property is filed by or on behalf of
164the persons entitled to the exempt property on or before the
165later of the date that is within 4 months after the date of
166service of the notice of administration or the date that is
167within 40 days after from the date of termination of any
168proceeding involving the construction, admission to probate, or
169validity of the will or involving any other matter affecting any
170part of the estate subject to this section.
171     Section 6.  Section 733.212, Florida Statutes, is amended
172to read:
173     733.212  Notice of administration; filing of objections.--
174     (1)  The personal representative shall promptly serve a
175copy of the notice of administration on the following persons
176who are known to the personal representative:
177     (a)  The decedent's surviving spouse;
178     (b)  Beneficiaries;
179     (c)  The trustee of any trust described in s. 733.707(3)
180and each beneficiary of the trust as defined in s.
181737.303(4)(b), if each trustee is also a personal representative
182of the estate; and
183     (d)  Persons who may be entitled to exempt property
184
185in the manner provided for service of formal notice, unless
186served under s. 733.2123. The personal representative may
187similarly serve a copy of the notice on any devisees under a
188known prior will or heirs or others who claim or may claim an
189interest in the estate.
190     (2)  The notice shall state:
191     (a)  The name of the decedent, the file number of the
192estate, the designation and address of the court in which the
193proceedings are pending, whether the estate is testate or
194intestate, and, if testate, the date of the will and any
195codicils.,
196     (b)  The name and address of the personal representative,
197and the name and address of the personal representative's
198attorney.
199     (c)  The notice shall state That any interested person
200persons are required to file with the court any objection by an
201interested person on whom a copy of the notice of administration
202is the notice was served must file on or before the date that is
2033 months after the date of service of a copy of the notice of
204administration on that person any objection that challenges the
205validity of the will, the qualifications of the personal
206representative, the venue, or the jurisdiction of the court
207within 3 months after the date of service of a copy of the
208notice of administration on the objecting person.
209     (d)  That persons who may be entitled to exempt property
210under s. 732.402 will be deemed to have waived their rights to
211claim that property as exempt property unless a petition for
212determination of exempt property is filed by such persons or on
213their behalf on or before the later of the date that is 4 months
214after the date of service of a copy of the notice of
215administration on such persons or the date that is 40 days after
216the date of termination of any proceeding involving the
217construction, admission to probate, or validity of the will or
218involving any other matter affecting any part of the exempt
219property.
220     (e)  That an election to take an elective share must be
221filed on or before the earlier of the date that is 6 months
222after the date of service of a copy of the notice of
223administration on the surviving spouse, or an attorney in fact
224or a guardian of the property of the surviving spouse, or the
225date that is 2 years after the date of the decedent's death.
226     (3)  Any interested person on whom a copy of the notice of
227administration is was served must object to the validity of the
228will, the qualifications of the personal representative, the
229venue, or the jurisdiction of the court by filing a petition or
230other pleading requesting relief in accordance with the Florida
231Probate Rules on or before the date that is within 3 months
232after the date of service of a copy of the notice of
233administration on the objecting person, or those objections are
234forever barred.
235     (4)  The appointment of a personal representative or a
236successor personal representative shall not extend or renew the
237period for filing objections under this section, unless a new
238will or codicil is admitted.
239     (5)(4)  The personal representative is not individually
240liable to any person for giving notice under this section,
241regardless of whether it is later determined that notice was not
242required by this section. The service of notice in accordance
243with this section shall not be construed as conferring any
244right.
245     (6)(5)  If the personal representative in good faith fails
246to give notice required by this section, the personal
247representative is not liable to any person for the failure.
248Liability, if any, for the failure is on the estate.
249     (7)(6)  If a will or codicil is subsequently admitted to
250probate, the personal representative shall promptly serve a copy
251of a new notice of administration as required for an initial
252will admission.
253     (8)  For the purpose of determining deadlines established
254by reference to the date of service of a copy of the notice of
255administration in cases in which such service has been waived,
256service shall be deemed to occur on the date the waiver is
257filed.
258     Section 7.  Section 733.6065, Florida Statutes, is amended
259to read:
260     733.6065  Opening safe-deposit box.--
261     (1)  Subject to the provisions of s. 655.936(2), the
262initial opening of a the decedent's safe-deposit box leased or
263co-leased by the decedent shall be conducted in the presence of
264any two of the following persons: an employee of the institution
265where the box is located, the personal representative, or the
266personal representative's attorney of record. Each person who is
267present must verify the contents of the box by signing a copy of
268the inventory under penalties of perjury. The personal
269representative shall file the safe-deposit box inventory,
270together with a copy of the box entry record from a date which
271is 6 months prior to the date of death to the date of inventory,
272with the court within 10 days after the box is opened. Unless
273otherwise ordered by the court, this inventory and the attached
274box entry record is subject to inspection only by persons
275entitled to inspect an inventory under s. 733.604(1). The
276personal representative may remove the contents of the box.
277     (2)  The right to open and examine the contents of a safe-
278deposit box leased by a decedent, or any documents delivered by
279a decedent for safekeeping, and to receive items as provided for
280in s. 655.935 are separate from in addition to the rights
281provided for in subsection (1).
282     Section 8.  This act shall take effect July 1, 2006.


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