CS/HB 941

1
A bill to be entitled
2An act relating to probate; amending s. 732.103, F.S.;
3limiting application of certain descent provisions to
4certain estate property deposited with the Chief Financial
5Officer notwithstanding the running of the 10-year
6escheatment period; extending an effective date; amending
7s. 732.402, F.S.; revising the list of property exempt
8from certain claims against an estate; amending s.
9733.602, F.S.; revising which standard of care is
10applicable to a personal representative responsible for
11settling an estate; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (6) of section 732.103, Florida
16Statutes, is amended to read:
17     732.103  Share of other heirs.--The part of the intestate
18estate not passing to the surviving spouse under s. 732.102, or
19the entire intestate estate if there is no surviving spouse,
20descends as follows:
21     (6)  If none of the foregoing, and if any of the
22descendants of the decedent's great-grandparents were Holocaust
23victims as defined in s. 626.9543(3)(a), including such victims
24in countries cooperating with the discriminatory policies of
25Nazi Germany, then to the descendants of the great-grandparents.
26The court shall allow any such descendant to meet a reasonable,
27not unduly restrictive, standard of proof to substantiate his or
28her lineage. This subsection only applies only to estate
29property deposited with the Chief Financial Officer pursuant to
30s. 732.107, regardless of whether the specified 10-year
31escheatment period has run, escheated property and shall cease
32to be effective for proceedings filed after December 31, 2010
332004.
34     Section 2.  Subsection (2) of section 732.402, Florida
35Statutes, is amended to read:
36     732.402  Exempt property.--
37     (2)  Exempt property shall consist of:
38     (a)  Household furniture, furnishings, and appliances in
39the decedent's usual place of abode up to a net value of $20,000
40$10,000 as of the date of death.
41     (b)  Up to two motor vehicles as defined in s. 316.003(21),
42each of which does not have a gross vehicle weight in excess of
4315,000 pounds, All automobiles held in the decedent's name and
44regularly used by the decedent or members of the decedent's
45immediate family as their personal vehicles automobiles.
46     (c)  All qualified tuition programs authorized by s. 529 of
47the Internal Revenue Code of 1986, as amended, including, but
48not limited to, advance payment contracts under s. 1009.98 and
49participation agreements under s. 1009.981 Stanley G. Tate
50Florida Prepaid College Program contracts purchased and Florida
51College Savings agreements established under part IV of chapter
521009.
53     (d)  All benefits paid pursuant to s. 112.1915.
54     Section 3.  Subsection (1) of section 733.602, Florida
55Statutes, is amended to read:
56     733.602  General duties.--
57     (1)  A personal representative is a fiduciary who shall
58observe the standards of care applicable to trustees as
59described by part VII of chapter 736. A personal representative
60is under a duty to settle and distribute the estate of the
61decedent in accordance with the terms of the decedent's will and
62this code as expeditiously and efficiently as is consistent with
63the best interests of the estate. A personal representative
64shall use the authority conferred by this code, the authority in
65the will, if any, and the authority of any order of the court,
66for the best interests of interested persons, including
67creditors.
68     Section 4.  This act shall take effect July 1, 2008.


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