| 1 | A bill to be entitled | 
| 2 | An act relating to probate; amending s. 732.103, F.S.; | 
| 3 | limiting application of certain descent provisions to | 
| 4 | certain estate property deposited with the Chief Financial | 
| 5 | Officer notwithstanding the running of the 10-year | 
| 6 | escheatment period; extending an effective date; amending | 
| 7 | s. 732.402, F.S.; revising the list of property exempt | 
| 8 | from certain claims against an estate; amending s. | 
| 9 | 733.602, F.S.; revising which standard of care is | 
| 10 | applicable to a personal representative responsible for | 
| 11 | settling an estate; providing an effective date. | 
| 12 | 
 | 
| 13 | Be It Enacted by the Legislature of the State of Florida: | 
| 14 | 
 | 
| 15 | Section 1.  Subsection (6) of section 732.103, Florida | 
| 16 | Statutes, is amended to read: | 
| 17 | 732.103  Share of other heirs.--The part of the intestate | 
| 18 | estate not passing to the surviving spouse under s. 732.102, or | 
| 19 | the entire intestate estate if there is no surviving spouse, | 
| 20 | descends as follows: | 
| 21 | (6)  If none of the foregoing, and if any of the | 
| 22 | descendants of the decedent's great-grandparents were Holocaust | 
| 23 | victims as defined in s. 626.9543(3)(a), including such victims | 
| 24 | in countries cooperating with the discriminatory policies of | 
| 25 | Nazi Germany, then to the descendants of the great-grandparents. | 
| 26 | The court shall allow any such descendant to meet a reasonable, | 
| 27 | not unduly restrictive, standard of proof to substantiate his or | 
| 28 | her lineage. This subsection onlyapplies only to estate | 
| 29 | property deposited with the Chief Financial Officer pursuant to | 
| 30 | s. 732.107, regardless of whether the specified 10-year | 
| 31 | escheatment period has run, escheated propertyand shall cease | 
| 32 | to be effective for proceedings filed after December 31, 2010 | 
| 33 | 2004. | 
| 34 | Section 2.  Subsection (2) of section 732.402, Florida | 
| 35 | Statutes, is amended to read: | 
| 36 | 732.402  Exempt property.-- | 
| 37 | (2)  Exempt property shall consist of: | 
| 38 | (a)  Household furniture, furnishings, and appliances in | 
| 39 | the decedent's usual place of abode up to a net value of $20,000 | 
| 40 | $10,000as of the date of death. | 
| 41 | (b)  Up to two motor vehicles as defined in s. 316.003(21), | 
| 42 | each of which does not have a gross vehicle weight in excess of | 
| 43 | 15,000 pounds, All automobilesheld in the decedent's name and | 
| 44 | regularly used by the decedent or members of the decedent's | 
| 45 | immediate family as their personal vehicles automobiles. | 
| 46 | (c)  All qualified tuition programs authorized by s. 529 of | 
| 47 | the Internal Revenue Code of 1986, as amended, including, but | 
| 48 | not limited to, advance payment contracts under s. 1009.98 and | 
| 49 | participation agreements under s. 1009.981 Stanley G. Tate  | 
| 50 | Florida Prepaid College Program contracts purchased and Florida  | 
| 51 | College Savings agreements established under part IV of chapter  | 
| 52 | 1009. | 
| 53 | (d)  All benefits paid pursuant to s. 112.1915. | 
| 54 | Section 3.  Subsection (1) of section 733.602, Florida | 
| 55 | Statutes, is amended to read: | 
| 56 | 733.602  General duties.-- | 
| 57 | (1)  A personal representative is a fiduciary who shall | 
| 58 | observe the standards of care applicable to trustees as  | 
| 59 | described by part VII of chapter 736. A personal representative | 
| 60 | is under a duty to settle and distribute the estate of the | 
| 61 | decedent in accordance with the terms of the decedent's will and | 
| 62 | this code as expeditiously and efficiently as is consistent with | 
| 63 | the best interests of the estate. A personal representative | 
| 64 | shall use the authority conferred by this code, the authority in | 
| 65 | the will, if any, and the authority of any order of the court, | 
| 66 | for the best interests of interested persons, including | 
| 67 | creditors. | 
| 68 | Section 4.  This act shall take effect July 1, 2008. |