HB 521

1
A bill to be entitled
2An act relating to probate; amending s. 655.935, F.S.;
3revising procedures relating to opening a decedent's safe-
4deposit box; amending s. 655.936, F.S.; revising
5procedures relating to delivery of a decedent's safe-
6deposit box by lessor; amending s. 655.937, F.S.; revising
7procedures relating to granting access to safe-deposit
8boxes leased in two or more names; amending s. 732.2135,
9F.S.; revising provisions relating to time of filing or
10withdrawing certain estate share elections; amending s.
11732.402, F.S.; revising procedures relating to filing
12petitions for determinations of exempt property; amending
13s. 733.212, F.S.; revising procedures and requirements
14relating to notices of administration and petitions for
15relief; amending s. 733.6065, F.S.; revising procedures
16relating to the opening of a safe-deposit box leased or
17co-leased by decedent; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 655.935, Florida Statutes, is amended
22to read:
23     655.935  Search procedure on death of lessee.--If
24satisfactory proof of the death of the lessee is presented, a
25lessor shall permit the person named in a court order for the
26purpose, or if no order has been served upon the lessor, the
27spouse, a parent, an adult descendant, or a person named as a
28personal representative in a copy of a purported will produced
29by such person, to open and examine the contents of a safe-
30deposit box leased or co-leased by a decedent, or any documents
31delivered by a decedent for safekeeping, in the presence of an
32officer of the lessor; and the lessor, if so requested by such
33person, shall deliver:
34     (1)  Any writing purporting to be a will of the decedent,
35to the court having probate jurisdiction in the county in which
36the financial institution is located.;
37     (2)  Any writing purporting to be a deed to a burial plot
38or to give burial instructions, to the person making the request
39for a search.; and
40     (3)  Any document purporting to be an insurance policy on
41the life of the decedent, to the beneficiary named therein.
42
43No other contents may be removed pursuant to this section.
44Access granted pursuant to this section shall not be considered
45the initial opening of the safe-deposit box pursuant to s.
46733.6065 by a personal representative appointed by a court in
47this state.
48     Section 2.  Subsections (1) and (2) of section 655.936,
49Florida Statutes, are amended to read:
50     655.936  Delivery of safe-deposit box contents or property
51held in safekeeping to personal representative.--
52     (1)  Subject to the provisions of subsection (3), the
53lessor shall immediately deliver to a resident personal
54representative appointed by a court in this state, upon
55presentation of a certified copy of his or her letters of
56authority, all property deposited with it by the decedent for
57safekeeping, and shall grant the resident personal
58representative access to any safe-deposit box in the decedent's
59name and permit him or her to remove from such box any part or
60all of the contents thereof.
61     (2)  If a foreign personal representative of a deceased
62lessee has been appointed by a court of any other state, a
63lessor may, at its discretion, after 3 months from the issuance
64to such foreign personal representative of his or her letters of
65authority, deliver to such foreign personal representative all
66properties deposited with it for safekeeping and the contents of
67any safe-deposit box in the name of the decedent if at such time
68the lessor has not received written notice of the appointment of
69a personal representative in this state, and such delivery is a
70valid discharge of the lessor for all property or contents so
71delivered. A Such foreign personal representative appointed by a
72court of any other state shall furnish the lessor with an
73affidavit setting forth facts showing the domicile of the
74deceased lessee to be other than this state and stating that
75there are no unpaid creditors of the deceased lessee in this
76state, together with a certified copy of his or her letters of
77authority. A lessor making delivery pursuant to this subsection
78shall maintain in its files a receipt executed by such foreign
79personal representative which itemizes in detail all property so
80delivered.
81     Section 3.  Section 655.937, Florida Statutes, is amended
82to read:
83     655.937  Access to safe-deposit boxes leased in two or more
84names.--
85     (1)  Unless When specifically provided in the lease or
86rental agreement to the contrary, when covering a safe-deposit
87box is heretofore or hereafter rented or leased in the names of
88two or more lessees, that access to the safe-deposit box will be
89granted to either lessee, or to either or the survivor, access
90to the safe-deposit box shall be granted to:
91     (a)  Either or any of such lessees, regardless of whether
92or not the other lessee or lessees or any of them are living or
93competent.
94     (b)  Subject to s. 655.933, those persons named in s.
95655.933.
96     (c)  Subject to s. 655.935, those persons named in s.
97655.935.;or
98     (d)(b)  Subject to s. 733.6065, the personal representative
99of the estate of either or any of such lessees who is deceased,
100or the guardian of the property of either or any of such lessees
101who is incapacitated.; and,
102     (2)  In all cases described in subsection (1), either such
103case, the provisions of s. 655.933 apply, and the signature on
104the safe-deposit entry or access record (or the receipt or
105acquittance, in the case of property or documents otherwise held
106for safekeeping) is a valid and sufficient release and discharge
107to the lessor for granting access to such safe-deposit box or
108for the delivery of such property or documents otherwise held
109for safekeeping.
110     (3)(2)  A lessor may not be held liable for damages or
111penalty by reason of any access granted or delivery made
112pursuant to this section.
113     (4)  The right of access by a co-lessee is separate from
114the rights and responsibilities of other persons who may be
115granted access to a safe-deposit box after the death or
116incapacity of another co-lessee and such right of access is not
117subject to the provisions of s. 655.935, s. 733.6065, or other
118requirements imposed upon personal representatives, guardians,
119or other fiduciaries.
120     (5)  After the death of a co-lessee, the surviving co-
121lessee or any other person who is granted access to the safe-
122deposit box pursuant to this section may make a written
123inventory of the box which shall be conducted by the person
124making the request in the presence of one other person as
125specified in this subsection. Each person present shall verify
126the contents of the box by signing a copy of the inventory under
127penalties of perjury.
128     (a)  If the person making the written inventory is a
129surviving co-lessee, the other person may be any other person
130granted access pursuant to this section, an employee of the
131institution at which the box is located, or an attorney licensed
132in this state.
133     (b)  If the person making the written inventory is not a
134surviving co-lessee, the other person may be a surviving co-
135lessee, an employee of the institution at which the box is
136located, or an attorney licensed in this state.
137     Section 4.  Subsections (1) and (3) of section 732.2135,
138Florida Statutes, are amended to read:
139     732.2135  Time of election; extensions; withdrawal.--
140     (1)  Except as provided in subsection (2), the election
141must be filed on or before within the earlier of the date that
142is 6 months after of the date of service of a copy of the notice
143of administration on the surviving spouse, or an attorney in
144fact or guardian of the property of the surviving spouse, or the
145date that is 2 years after the date of the decedent's death.
146     (3)  The surviving spouse or an attorney in fact, guardian
147of the property, or personal representative of the surviving
148spouse may withdraw an election on or before the earlier of the
149date that is at any time within 8 months after the date of the
150decedent's death or the date of a court and before the court's
151order of contribution. If an election is withdrawn, the court
152may assess attorney's fees and costs against the surviving
153spouse or the surviving spouse's estate.
154     Section 5.  Subsection (6) of section 732.402, Florida
155Statutes, is amended to read:
156     732.402  Exempt property.--
157     (6)  Persons entitled to exempt property shall be deemed to
158have waived their rights under this section unless a petition
159for determination of exempt property is filed by or on behalf of
160the persons entitled to the exempt property on or before the
161later of the date that is within 4 months after the date of
162service of the notice of administration or the date that is
163within 40 days after from the date of termination of any
164proceeding involving the construction, admission to probate, or
165validity of the will or involving any other matter affecting any
166part of the estate subject to this section.
167     Section 6.  Section 733.212, Florida Statutes, is amended
168to read:
169     733.212  Notice of administration; filing of objections.--
170     (1)  The personal representative shall promptly serve a
171copy of the notice of administration on the following persons
172who are known to the personal representative:
173     (a)  The decedent's surviving spouse;
174     (b)  Beneficiaries;
175     (c)  The trustee of any trust described in s. 733.707(3)
176and each beneficiary of the trust as defined in s.
177737.303(4)(b), if each trustee is also a personal representative
178of the estate; and
179     (d)  Persons who may be entitled to exempt property
180
181in the manner provided for service of formal notice, unless
182served under s. 733.2123. The personal representative may
183similarly serve a copy of the notice on any devisees under a
184known prior will or heirs or others who claim or may claim an
185interest in the estate.
186     (2)  The notice shall state:
187     (a)  The name of the decedent, the file number of the
188estate, the designation and address of the court in which the
189proceedings are pending, whether the estate is testate or
190intestate, and, if testate, the date of the will and any
191codicils.,
192     (b)  The name and address of the personal representative,
193and the name and address of the personal representative's
194attorney.
195     (c)  The notice shall state That any interested person
196persons are required to file with the court any objection by an
197interested person on whom a copy of the notice of administration
198is the notice was served must file on or before the date that is
1993 months after the date of service of a copy of the notice of
200administration on that person any objection that challenges the
201validity of the will, the qualifications of the personal
202representative, the venue, or the jurisdiction of the court
203within 3 months after the date of service of a copy of the
204notice of administration on the objecting person.
205     (d)  That persons who may be entitled to exempt property
206under s. 732.402 will be deemed to have waived their rights to
207claim that property as exempt property unless a petition for
208determination of exempt property is filed by such persons or on
209their behalf on or before the later of the date that is 4 months
210after the date of service of a copy of the notice of
211administration on such persons or the date that is 40 days after
212the date of termination of any proceeding involving the
213construction, admission to probate, or validity of the will or
214involving any other matter affecting any part of the exempt
215property.
216     (e)  That an election to take an elective share must be
217filed on or before the earlier of the date that is 6 months
218after the date of service of a copy of the notice of
219administration on the surviving spouse, or an attorney in fact
220or a guardian of the property of the surviving spouse, or the
221date that is 2 years after the date of the decedent's death.
222     (3)  Any interested person on whom a copy of the notice of
223administration is was served must object to the validity of the
224will, the qualifications of the personal representative, the
225venue, or the jurisdiction of the court by filing a petition or
226other pleading requesting relief in accordance with the Florida
227Probate Rules on or before the date that is within 3 months
228after the date of service of a copy of the notice of
229administration on the objecting person, or those objections are
230forever barred.
231     (4)  The appointment of a personal representative or a
232successor personal representative shall not extend or renew the
233period for filing objections under this section, unless a new
234will or codicil is admitted.
235     (5)(4)  The personal representative is not individually
236liable to any person for giving notice under this section,
237regardless of whether it is later determined that notice was not
238required by this section. The service of notice in accordance
239with this section shall not be construed as conferring any
240right.
241     (6)(5)  If the personal representative in good faith fails
242to give notice required by this section, the personal
243representative is not liable to any person for the failure.
244Liability, if any, for the failure is on the estate.
245     (7)(6)  If a will or codicil is subsequently admitted to
246probate, the personal representative shall promptly serve a copy
247of a new notice of administration as required for an initial
248will admission.
249     (8)  For the purpose of determining deadlines established
250by reference to the date of service of a copy of the notice of
251administration in cases in which such service has been waived,
252service shall be deemed to occur on the date the waiver is
253filed.
254     Section 7.  Section 733.6065, Florida Statutes, is amended
255to read:
256     733.6065  Opening safe-deposit box.--
257     (1)  Subject to the provisions of s. 655.936(2), the
258initial opening of a the decedent's safe-deposit box leased or
259co-leased by the decedent shall be conducted in the presence of
260any two of the following persons: an employee of the institution
261where the box is located, the personal representative, or the
262personal representative's attorney of record. Each person who is
263present must verify the contents of the box by signing a copy of
264the inventory under penalties of perjury. The personal
265representative shall file the safe-deposit box inventory,
266together with a copy of the box entry record from a date which
267is 6 months prior to the date of death to the date of inventory,
268with the court within 10 days after the box is opened. Unless
269otherwise ordered by the court, this inventory and the attached
270box entry record is subject to inspection only by persons
271entitled to inspect an inventory under s. 733.604(1). The
272personal representative may remove the contents of the box.
273     (2)  The right to open and examine the contents of a safe-
274deposit box leased by a decedent, or any documents delivered by
275a decedent for safekeeping, and to receive items as provided for
276in s. 655.935 are separate from in addition to the rights
277provided for in subsection (1).
278     Section 8.  This act shall take effect July 1, 2006.


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