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A bill to be entitled

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An act relating to probate; amending s. 732.103, F.S.;

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authorizing intestate property that has escheated to the

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state to descend to certain Holocaust descendants prior to

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the 10-year escheatment period; extending the effective

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date of this provision; amending s. 732.402, F.S.;

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revising the list of property that is exempt from most

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claims against the estate; amending s. 733.602, F.S.;

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revising which standard of care is applicable to a

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personal representative responsible for settling an

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estate; providing an effective date.

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

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     Section 1.  Subsection (6) of section 732.103, Florida

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Statutes, is amended to read:

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     732.103  Share of other heirs.--The part of the intestate

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estate not passing to the surviving spouse under s. 732.102, or

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the entire intestate estate if there is no surviving spouse,

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descends as follows:

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     (6)  If none of the foregoing, and if any of the descendants

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of the decedent's great-grandparents were Holocaust victims as

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defined in s. 626.9543(3)(a), including such victims in countries

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cooperating with the discriminatory policies of Nazi Germany,

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then to the descendants of the great-grandparents. The court

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shall allow any such descendant to meet a reasonable, not unduly

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restrictive, standard of proof to substantiate his or her

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lineage. This subsection only applies only to estate property

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deposited with the Chief Financial Officer pursuant to s.

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732.107, regardless of whether the specified 10-year escheatment

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period has run, escheated property and shall cease to be

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effective for proceedings filed after December 31, 2010 2004.

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     Section 2.  Subsection (2) of section 732.402, Florida

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Statutes, is amended to read:

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     732.402  Exempt property.--

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     (2)  Exempt property shall consist of:

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     (a)  Household furniture, furnishings, and appliances in the

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decedent's usual place of abode up to a net value of $20,000

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$10,000 as of the date of death.

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     (b) Up to two motor vehicles as defined in s. 316.003(21),

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each of which do not have a gross vehicle weight in excess of

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15,000 pounds, All automobiles held in the decedent's name and

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regularly used by the decedent or members of the decedent's

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immediate family as their personal vehicles automobiles.

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     (c) All qualified tuition programs authorized by s. 529 of

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the Internal Revenue Code, including, but not limited to, advance

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payment contracts under s 1009.98 and participation agreements

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under s. 1009.981 Stanley G. Tate Florida Prepaid College Program

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contracts purchased and Florida College Savings agreements

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established under part IV of chapter 1009.

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     (d)  All benefits paid pursuant to s. 112.1915.

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     Section 3.  Subsection (1) of section 733.602, Florida

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Statutes, is amended to read:

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     733.602  General duties.--

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     (1)  A personal representative is a fiduciary who shall

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observe the standards of care applicable to trustees as described

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by part VII of chapter 736. A personal representative is under a

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duty to settle and distribute the estate of the decedent in

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accordance with the terms of the decedent's will and this code as

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expeditiously and efficiently as is consistent with the best

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interests of the estate. A personal representative shall use the

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authority conferred by this code, the authority in the will, if

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any, and the authority of any order of the court, for the best

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interests of interested persons, including creditors.

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     Section 4.  This act shall take effect July 1, 2008.