CS/HB 1237

1	A bill to be entitled
2	An act relating to probate procedures; amending s.
3	655.934, F.S.; updating terminology relating to a durable
4	power of attorney; amending s. 655.935, F.S.; imposing
5	additional duties on the lessor of a safe-deposit box
6	relating to the contents of the box when the lessee has
7	died; authorizing the lessor to charge fees for performing
8	such duties; amending s. 731.110, F.S.; revising
9	requirements relating to filing a caveat; providing that a
10	caveat may be filed before or after a person's death;
11	providing for the expiration of the caveat; amending s.
12	731.201, F.S.; revising the definitions of "formal notice"
13	and "informal notice"; amending s. 731.301, F.S.; revising
14	provisions relating to notice; amending s. 732.2125, F.S.;
15	revising a provision relating to the right of election;
16	amending s. 732.401, F.S.; providing that a decedent's
17	spouse may elect to take an interest in a homestead as a
18	tenant in common rather than a life estate; providing
19	procedures and forms for filing notice of such election;
20	providing that such election is irrevocable; providing for
21	the allocation of expenses relating to the homestead;
22	specifying that the interests of the decedent's
23	descendants in the homestead may not be divested if the
24	spouse's interest is disclaimed; amending s. 732.4015,
25	F.S.; providing that if a spouse's interest in a homestead
26	has been disclaimed, the disclaimed interest passes in
27	accordance with ch. 739, F.S.; creating s. 732.4017, F.S.;
28	providing for the inter vivos transfer of homestead
29	property; providing limitations; amending s. 732.608,
30	F.S.; revising provisions relating to which laws apply
31	when determining intestate succession in certain
32	circumstances; creating s. 732.805, F.S.; denying certain
33	rights or benefits to a surviving spouse who procured a
34	marriage by fraud, duress, or undue influence; providing
35	procedures for challenging a surviving spouse; providing
36	for the award of costs and fees; providing a limitation of
37	liability relating to distributions made without notice of
38	a pending claim; providing for means of notice; providing
39	a time limitation on bringing such actions; creating s.
40	733.1051, F.S.; authorizing a court to construe the terms
41	of certain wills for certain purposes under certain
42	circumstances; providing definitions; providing criteria
43	for court construction of a will; providing for
44	nonapplication to certain dispositions; authorizing a
45	personal representative to take certain actions without
46	court order pending a determination of estate
47	distribution; limiting personal representative liability;
48	preserving certain rights to construe a will; providing
49	for retroactive operation; amending s. 733.107, F.S.;
50	providing that, in a will contest, certain affidavits and
51	oaths are prima facie evidence relating to execution and
52	attestation of a will; amending s. 733.2123, F.S.;
53	deleting the requirement for attaching a copy of a will to
54	a notice of a petition for administration; amending s.
55	733.608, F.S.; specifying the manner for serving notice of
56	the personal representative's lien for expenditures and
57	obligations incurred; amending s. 735.203, F.S.; revising
58	provisions relating to providing notice for a petition for
59	summary administration; amending s. 736.1102, F.S.;
60	clarifying provisions relating to which laws apply when
61	determining intestate succession in certain circumstances;
62	amending s. 744.444, F.S.; conforming provisions to
63	changes made by the act; providing effective dates.
64
65	Be It Enacted by the Legislature of the State of Florida:
66
67	Section 1.  Section 655.934, Florida Statutes, is amended
68	to read:
69	655.934  Effect of lessee's death or incapacity.-If a
70	lessor without knowledge of the death or of an order determining
71	the incapacity of the lessee deals with the lessee's agent in
72	accordance with a written power of attorney or a durable family
73	power of attorney signed by such lessee, the transaction binds
74	the lessee's estate and the lessee.
75	Section 2.  Section 655.935, Florida Statutes, is amended
76	to read:
77	655.935  Search procedure on death of lessee.-If
78	satisfactory proof of the death of the lessee is presented, a
79	lessor shall permit the person named in a court order for that
80	the purpose, or if no order has been served upon the lessor, the
81	spouse, a parent, an adult descendant, or a person named as a
82	personal representative in a copy of a purported will produced
83	by such person, to open and examine the contents of a safe-
84	deposit box leased or coleased by a decedent, or any documents
85	delivered by a decedent for safekeeping, in the presence of an
86	officer of the lessor.; and the lessor,
87	(1)  If so requested by such person, the lessor shall
88	remove and deliver only shall deliver:
89	(a)(1)  Any writing purporting to be a will of the
90	decedent, to the court having probate jurisdiction in the county
91	in which the financial institution is located.
92	(b)(2)  Any writing purporting to be a deed to a burial
93	plot or to give burial instructions, to the person making the
94	request for a search.
95	(c)(3)  Any document purporting to be an insurance policy
96	on the life of the decedent, to the beneficiary named therein.
97	(2)  The officer of the lessor shall make a complete copy
98	of any document removed and delivered pursuant to this section
99	and place that copy, together with a memorandum of delivery
100	identifying the name of the officer, the person to whom the
101	document was delivered, the purported relationship of the person
102	to whom the document was delivered, and the date of delivery, in
103	the safe-deposit box leased or coleased by the decedent.
104	(3)  The lessor may charge reasonable fees to cover costs
105	incurred pursuant to this section.
106	(4)  No other contents may be removed pursuant to this
107	section. Access granted pursuant to this section is shall not be
108	considered the initial opening of the safe-deposit box pursuant
109	to s. 733.6065 by a personal representative appointed by a court
110
111	Section 3.  Section 731.110, Florida Statutes, is amended
112	to read:
113	731.110  Caveat; proceedings.-
114	(1)  Any interested person, including a creditor, who is
115	apprehensive that an estate, either testate or intestate, will
116	be administered or that a will may be admitted to probate
117	without that the person's knowledge may file a caveat with the
118	court. The caveat of the interested person, other than a
119	creditor, may be filed before or after the death of the person
120	for whom the estate will be, or is being, administered. The
121	caveat of a creditor may be filed only after the person's death.
122	(2)  A caveat shall contain the decedent's social security
123	number, last known residence address, and date of birth, if they
124	are known, as identification, a statement of the interest of the
125	caveator in the estate, the name and specific residence address
126	of the caveator, and, If the caveator, other than a state
127	agency, is a nonresident and is not represented by an attorney
128	admitted to practice in this state who has signed the caveat
129	nonresident of the county, the caveator must designate
130	additional name and specific residence address of some person
131	residing in the county in which the caveat is filed, or office
132	address of a member of The Florida Bar residing in Florida,
133	designated as the agent of the caveator, upon whom service may
134	be made; however, if the caveator is represented by an attorney
135	admitted to practice in this state who has signed the caveat, it
136	is not necessary to designate a resident agent.
137	(3)  If When a caveat has been filed by an interested
138	person other than a creditor, the court may shall not admit a
139	will of the decedent to probate or appoint a personal
140	representative until formal notice of the petition for
141	administration has been served on the caveator or the caveator's
142	designated agent by formal notice and the caveator has had the
143	opportunity to participate in proceedings on the petition, as
144	provided by the Florida Probate Rules.
145	(4)  A caveat filed before the death of the person for whom
146	the estate will be administered expires 2 years after filing.
147	Section 4.  Subsections (18) and (22) of section 731.201,
148	Florida Statutes, are amended to read:
149	731.201  General definitions.-Subject to additional
150	definitions in subsequent chapters that are applicable to
151	specific chapters or parts, and unless the context otherwise
152	requires, in this code, in s. 409.9101, and in chapters 736,
153	738, 739, and 744, the term:
154	(18)  "Formal notice" means a form of formal notice that is
155	described in and served by a method of services provided under
156	rule 5.040(a) of the Florida Probate Rules.
157	(22)  "Informal notice" or "notice" means a method of
158	service for pleadings or papers as provided informal notice
159	under rule 5.040(b) of the Florida Probate Rules.
160	Section 5.  Section 731.301, Florida Statutes, is amended
161	to read:
162	731.301  Notice.-
163	(1)  If When notice to an interested person of a petition
164	or other proceeding is required, the notice shall be given to
165	the interested person or that person's attorney as provided in
166	the code or the Florida Probate Rules.
167	(2)  In a probate proceeding, formal notice is shall be
168	sufficient to acquire jurisdiction over the person receiving
169	formal notice to the extent of the person's interest in the
170	estate or in the decedent's protected homestead.
171	(3)  Persons given proper notice of a any proceeding are
172	shall be bound by all orders entered in that proceeding.
173	Section 6.  Subsection (2) of section 732.2125, Florida
174	Statutes, is amended to read:
175	732.2125  Right of election; by whom exercisable.-The right
176	of election may be exercised:
177	(2)  With approval of the court having jurisdiction of the
178	probate proceeding by an attorney in fact or a guardian of the
179	property of the surviving spouse. Before approving the election,
180	the court shall determine that the election is in as the best
181	interests of the surviving spouse, during the spouse's probable
182	lifetime, require.
183	Section 7.  Section 732.401, Florida Statutes, is amended
184	to read:
185	732.401  Descent of homestead.-
186	(1)  If not devised as authorized permitted by law and the
187	Florida constitution, the homestead shall descend in the same
188	manner as other intestate property; but if the decedent is
189	survived by a spouse and one or more descendants, the surviving
190	spouse shall take a life estate in the homestead, with a vested
191	remainder to the descendants in being at the time of the
192	decedent's death per stirpes.
193	(2)  In lieu of a life estate under subsection (1), the
194	surviving spouse may elect to take an undivided one-half
195	interest in the homestead as a tenant in common, with the
196	remaining undivided one-half interest vesting in the decedent's
197	descendants in being at the time of the decedent's death, per
198	stirpes.
199	(a)  The right of election may be exercised:
200	1.  By the surviving spouse; or
201	2.  With the approval of a court having jurisdiction of the
202	real property, by an attorney in fact or guardian of the
203	property of the surviving spouse. Before approving the election,
204	the court shall determine that the election is in the best
205	interests of the surviving spouse during the spouse's probable
206	lifetime.
207	(b)  The election must be made within 6 months after the
208	decedent's death and during the surviving spouse's lifetime. The
209	time for making the election may not be extended except as
210	provided in paragraph (c).
211	(c)  A petition by an attorney in fact or guardian of the
212	property for approval to make the election tolls the time for
213	making the election until 6 months after the decedent's death or
214	30 days after the rendition of an order authorizing the
215	election, whichever occurs last.
216	(d)  Once made, the election is irrevocable.
217	(e)  The election shall be made by filing a notice of
218	election containing the legal description of the homestead
219	property for recording in the official record books of the
220	county or counties where the homestead property is located. The
221	notice must be in substantially the following form:
222
223	ELECTION OF SURVIVING SPOUSE
224	TO TAKE A ONE-HALF INTEREST OF
225	DECEDENT'S INTEREST IN HOMESTEAD PROPERTY
226
227	STATE OF............
228	COUNTY OF............
229
230	1.  The decedent, ______________, died on ______________.
231	On the date of the decedent's death, The decedent was married to
232	________________, who survived the decedent.
233	2.  At the time of the decedent's death, the decedent owned
234	an interest in real property that the affiant believes to be
235	homestead property described in s. 14, Article X of the State
236	Constitution, that real property being in _________County,
237	Florida, and described as: ...(description of homestead
238	property)....
239	3.  Affiant elects to take one-half of decedent's interest
240	in the homestead as a tenant in common in lieu of a life estate.
241	4.  If affiant is not the surviving spouse, affiant is the
242	surviving spouse's attorney in fact or guardian of the property
243	and an order has been rendered by a court having jurisdiction of
244	the real property authorizing the undersigned to make this
245	election.
246
247	................
248	...(Affiant)...
249
250	Sworn to (or affirmed) and subscribed before me this .... day of
251	...(month)..., ...(year)..., by ...(affiant)...
252
253	...(Signature of Notary Public-State of Florida)...
254
255	...(Print, Type, or Stamp Commissioned Name of Notary Public)...
256
257	Personally Known OR Produced Identification
258	...(Type of Identification Produced)...
259
260	(3)  Unless and until an election is made under subsection
261	(2), expenses relating to the ownership of the homestead shall
262	be allocated between the surviving spouse, as life tenant, and
263	the decedent's descendants, as remaindermen, in accordance with
264	chapter 738. If an election is made, expenses relating to the
265	ownership of the homestead shall be allocated between the
266	surviving spouse and the descendants as tenants in common in
267	proportion to their respective shares, effective as of the date
268	the election is filed for recording.
269	(4)  If the surviving spouse's life estate created in
270	subsection (1) is disclaimed pursuant to chapter 739, the
271	interests of the decedent's descendants may not be divested.
272	(5)(2)  This section does Subsection (1) shall not apply to
273	property that the decedent and the surviving spouse owned in
274	tenancy by the entireties or joint tenancy with rights of
275	survivorship as tenants by the entirety.
276	Section 8.  Subsection (3) is added to section 732.4015,
277	Florida Statutes, to read:
278	732.4015  Devise of homestead.-
279	(3)  If an interest in homestead has been devised to the
280	surviving spouse as authorized by law and the constitution, and
281	the surviving spouse's interest is disclaimed, the disclaimed
282	interest shall pass in accordance with chapter 739.
283	Section 9.  Section 732.4017, Florida Statutes, is created
284	to read:
285	732.4017  Inter vivos transfer of homestead property.-
286	(1)  If the owner of homestead property transfers an
287	interest in that property, including a transfer in trust, with
288	or without consideration, to one or more persons during the
289	owner's lifetime, the transfer is not a devise for purposes of
290	s. 731.201(10) or s. 732.4015, and the interest transferred does
291	not descend as provided in s. 732.401 if the transferor fails to
292	retain a power, held in any capacity, acting alone or in
293	conjunction with any other person, to revoke or revest that
294	interest in the transferor.
295	(2)  As used in this section, the term "transfer in trust"
296	refers to a trust under which the transferor of the homestead
297	property, alone or in conjunction with another person, does not
298	possess a right of revocation as that term is defined in s.
299	733.707(3)(e). A power possessed by the transferor which is
300	exercisable during the transferor's lifetime to alter the
301	beneficial use and enjoyment of the interest within a class of
302	beneficiaries identified only in the trust instrument is not a
303	right of revocation if the power may not be exercised in favor
304	of the transferor, the transferor's creditors, the transferor's
305	estate, or the creditors of the transferor's estate or exercised
306	to discharge the transferor's legal obligations. This subsection
307	does not create an inference that a power not described in this
308	subsection is a power to revoke or revest an interest in the
309	transferor.
310	(3)  The transfer of an interest in homestead property
311	described in subsection (1) may not be treated as a devise of
312	that interest even if:
313	(a)  The transferor retains a separate legal or equitable
314	interest in the homestead property, directly or indirectly
315	through a trust or other arrangement such as a term of years,
316	life estate, reversion, possibility of reverter, or fractional
317	fee interest;
318	(b)  The interest transferred does not become a possessory
319	interest until a date certain or upon a specified event, the
320	occurrence or nonoccurrence of which does not constitute a power
321	held by the transferor to revoke or revest the interest in the
322	transferor, including, without limitation, the death of the
323	transferor; or
324	(c)  The interest transferred is subject to divestment,
325	expiration, or lapse upon a date certain or upon a specified
326	event, the occurrence or nonoccurrence of which does not
327	constitute a power held by the transferor to revoke or revest
328	the interest in the transferor, including, without limitation,
329	survival of the transferor.
330	(4)  It is the intent of the Legislature that this section
331	clarify existing law.
332	Section 10.  Section 732.608, Florida Statutes, is amended
333	to read:
334	732.608  Construction of generic terms.-The laws used to
335	determine paternity and Adopted persons and persons born out of
336	wedlock are included in class gift terminology and terms of
337	relationship, in accordance with rules for determining
338	relationships for the purposes of intestate succession apply
339	when determining whether class gift terminology and terms of
340	relationship include adopted persons and persons born out-of-
341	wedlock.
342	Section 11.  Section 732.805, Florida Statutes, is created
343	to read:
344	732.805  Spousal rights procured by fraud, duress, or undue
345	influence.-
346	(1)  A surviving spouse who is found to have procured a
347	marriage to the decedent by fraud, duress, or undue influence is
348	not entitled to any of the following rights or benefits that
349	inure solely by virtue of the marriage or the person's status as
350	surviving spouse of the decedent unless both spouses
351	subsequently ratified the marriage:
352	(a)  Any rights or benefits under the Florida Probate Code,
353	including, but not limited to, entitlement to elective share or
354	family allowance; preference in appointment as personal
355	representative; inheritance by intestacy, homestead, or exempt
356	property; or inheritance as a pretermitted spouse.
357	(b)  Any rights or benefits under a bond, life insurance
358	policy, or other contractual arrangement if the decedent is the
359	principal obligee or the person upon whose life the policy is
360	issued, unless the surviving spouse is provided for by name,
361	whether or not designated as the spouse, in the bond, life
362	insurance policy, or other contractual arrangement.
363	(c)  Any rights or benefits under a will, trust, or power
364	of appointment, unless the surviving spouse is provided for by
365	name, whether or not designated as the spouse, in the will,
366	trust, or power of appointment.
367	(d)  Any immunity from the presumption of undue influence
368	that a surviving spouse may have under state law.
369	(2)  Any of the rights or benefits listed in paragraphs
370	(1)(a)-(c) which would have passed solely by virtue of the
371	marriage to a surviving spouse who is found to have procured the
372	marriage by fraud, duress, or undue influence shall pass as if
373	the spouse had predeceased the decedent.
374	(3)  A challenge to a surviving spouse's rights under this
375	section may be maintained as a defense, objection, or cause of
376	action by any interested person after the death of the decedent
377	in any proceeding in which the fact of marriage may be directly
378	or indirectly material.
379	(4)  The contestant has the burden of establishing, by a
380	preponderance of the evidence, that the marriage was procured by
381	fraud, duress, or undue influence. If ratification of the
382	marriage is raised as a defense, the surviving spouse has the
383	burden of establishing, by a preponderance of the evidence, the
384	subsequent ratification by both spouses.
385	(5)  In all actions brought under this section, the court
386	shall award taxable costs as in chancery actions, including
387	attorney's fees. When awarding taxable costs and attorney's
388	fees, the court may direct payment from a party's interest, if
389	any, in the estate, or enter a judgment that may be satisfied
390	from other property of the party, or both.
391	(6)  An insurance company, financial institution, or other
392	obligor making payment according to the terms of its policy or
393	obligation is not liable by reason of this section unless,
394	before payment, it received written notice of a claim pursuant
395	to this section.
396	(a)  The notice required by this subsection must be in
397	writing and must be accomplished in a manner reasonably suitable
398	under the circumstances and likely to result in receipt of the
399	notice. Permissible methods of notice include first-class mail,
400	personal delivery, delivery to the person's last known place of
401	residence or place of business, or a properly directed facsimile
402	or other electronic message.
403	(b)  To be effective, notice to a financial institution or
404	insurance company must contain the name, address, and the
405	taxpayer identification number, or the account or policy number,
406	of the principal obligee or person whose life is insured and
407	shall be directed to an officer or a manager of the financial
408	institution or insurance company in this state. If the financial
409	institution or insurance company has no offices in this state,
410	the notice shall be directed to the principal office of the
411	financial institution or insurance company.
412	(c)  Notice shall be effective when given, except that
413	notice to a financial institution or insurance company is not
414	effective until 5 business days after being given.
415	(7)  The rights and remedies granted in this section are in
416	addition to any other rights or remedies a person may have at
417	law or equity.
418	(8)  Unless sooner barred by adjudication, estoppel, or a
419	provision of the Florida Probate Code or Florida Probate Rules,
420	an interested person is barred from bringing an action under
421	this section unless the action is commenced within 4 years after
422	the decedent's date of death. A cause of action under this
423	section accrues on the decedent's date of death.
424	Section 12.  Effective upon this act becoming a law,
425	section 733.1051, Florida Statutes, is created to read:
426	733.1051  Limited judicial construction of will with
427	federal tax provisions.-
428	(1)  Upon the application of a personal representative or a
429	person who is or may be a beneficiary who is affected by the
430	outcome of the construction, a court at any time may construe
431	the terms of a will to define the respective shares or determine
432	beneficiaries, in accordance with the intention of a testator,
433	if a disposition occurs during the applicable period and the
434	will contains a provision that:
435	(a)  Includes a disposition formula referring to the terms
436	"unified credit," "estate tax exemption," "applicable exemption
437	amount," "applicable credit amount," "applicable exclusion
438	amount," "generation-skipping transfer tax exemption," "GST
439	exemption," "marital deduction," "maximum marital deduction,"
440	"unlimited marital deduction," or "maximum charitable
441	deduction";
442	(b)  Measures a share of an estate based on the amount that
443	may pass free of federal estate tax or the amount that may pass
444	free of federal generation-skipping transfer tax;
445	(c)  Otherwise makes a disposition referring to a
446	charitable deduction, marital deduction, or another provision of
447	federal estate tax or generation-skipping transfer tax law; or
448	(d)  Appears to be intended to reduce or minimize the
449	federal estate tax or generation-skipping transfer tax.
450	(2)  For purposes of this section:
451	(a)  The term "applicable period" means a period beginning
452	January 1, 2010, and ending on the end of the day on the earlier
453	of December 31, 2010, or the day before the date that an act
454	becomes law that repeals or otherwise modifies or has the effect
455	of repealing or modifying s. 901 of The Economic Growth and Tax
456	Relief Reconciliation Act of 2001.
457	(b)  A "disposition occurs" when the testator dies.
458	(3)  In construing the will, the court shall consider the
459	terms and purposes of the will, the facts and circumstances
460	surrounding the creation of the will, and the testator's
461	probable intent. In determining the testator's probable intent,
462	the court may consider evidence relevant to the testator's
463	intent even though the evidence contradicts an apparent plain
464	meaning of the will.
465	(4)  This section does not apply to a disposition that is
466	specifically conditioned upon no federal estate or generation-
467	skipping transfer tax being imposed.
468	(5)(a)  Unless otherwise ordered by the court, during the
469	applicable period and without court order, the personal
470	representative administering a will containing one or more
471	provisions described in subsection (1) may:
472	1.  Delay or refrain from making any distribution.
473	2.  Incur and pay fees and costs reasonably necessary to
474	determine its duties and obligations, including compliance with
475	provisions of existing and reasonably anticipated future federal
476	tax laws.
477	3.  Establish and maintain reserves for the payment of
478	these fees and costs and federal taxes.
479	(b)  The personal representative shall not be liable for
480	its actions as provided in this subsection made or taken in good
481	faith.
482	(6)  The provisions of this section are in addition to, and
483	not in derogation of, rights under the common law to construe a
484	will.
485	(7)  This section is remedial in nature and intended to
486	provide a new or modified legal remedy. This section shall
487	operate retroactively to January 1, 2010.
488	Section 13.  Subsection (1) of section 733.107, Florida
489	Statutes, is amended to read:
490	733.107  Burden of proof in contests; presumption of undue
491	influence.-
492	(1)  In all proceedings contesting the validity of a will,
493	the burden shall be upon the proponent of the will to establish
494	prima facie its formal execution and attestation. A self-proving
495	affidavit executed in accordance with s. 732.503 or an oath of
496	an attesting witness executed as required in s. 733.201(2) is
497	admissible and establishes prima facie the formal execution and
498	attestation of the will. Thereafter, the contestant shall have
499	the burden of establishing the grounds on which the probate of
500	the will is opposed or revocation is sought.
501	Section 14.  Section 733.2123, Florida Statutes, is amended
502	to read:
503	733.2123  Adjudication before issuance of letters.-A
504	petitioner may serve formal notice of the petition for
505	administration on interested persons. A copy of the will offered
506	for probate shall be attached to the notice. A No person who is
507	served with such formal notice before of the petition for
508	administration prior to the issuance of letters or who has
509	waived notice may not challenge the validity of the will,
510	testacy of the decedent, qualifications of the personal
511	representative, venue, or jurisdiction of the court, except in
512	the proceedings before issuance of letters.
513	Section 15.  Subsection (4) of section 733.608, Florida
514	Statutes, is amended to read:
515	733.608  General power of the personal representative.-
516	(4)  The personal representative's lien shall attach to the
517	property and take priority as of the date and time a notice of
518	that lien is recorded in the official records of the county
519	where that property is located, and the lien may secure
520	expenditures and obligations incurred, including, but not
521	limited to, fees and costs made before or after recording the
522	notice. The notice of lien may be recorded before adjudicating
523	prior to the adjudication of the amount of the debt. The notice
524	of lien also shall also be filed in the probate proceeding, but
525	failure to do so does shall not affect the validity of the lien.
526	A copy of the notice of lien shall be served in the manner
527	provided for service of by formal notice upon each person
528	appearing to have an interest in the property. The notice of
529	lien must shall state:
530	(a)  The name and address of the personal representative
531	and the personal representative's attorney;
532	(b)  The legal description of the property;
533	(c)  The name of the decedent and also, to the extent known
534	to the personal representative, the name and address of each
535	person appearing to have an interest in the property; and
536	(d)  That the personal representative has expended or is
537	obligated to expend funds to preserve, maintain, insure, and
538	protect the property and that the lien stands as security for
539	recovery of those expenditures and obligations incurred,
540	including, but not limited to, fees and costs.
541
542	Substantial compliance with the foregoing provisions renders
543	shall render the notice in comportment with this section.
544	Section 16.  Subsections (1) and (3) of section 735.203,
545	Florida Statutes, are amended to read:
546	735.203  Petition for summary administration.-
547	(1)  A petition for summary administration may be filed by
548	any beneficiary or person nominated as personal representative
549	in the decedent's will offered for probate. The petition must be
550	signed and verified by the surviving spouse, if any, and any
551	beneficiaries except that the joinder in a petition for summary
552	administration is not required of a beneficiary who will receive
553	a full distributive share under the proposed distribution.
554	However, formal notice of the petition must be served on a Any
555	beneficiary not joining in shall be served by formal notice with
556	the petition.
557	(3)  If each trustee of a trust that is a beneficiary of
558	the estate of the deceased person is also a petitioner, formal
559	notice of the petition for summary administration shall be
560	served on each qualified beneficiary of the trust as defined in
561	s. 736.0103 shall be served by formal notice with the petition
562	for summary administration unless joinder in, or consent to, the
563	petition is obtained from each qualified beneficiary of the
564	trust.
565	Section 17.  Section 736.1102, Florida Statutes, is amended
566	to read:
567	736.1102  Construction of generic terms.-The laws used to
568	determine paternity and Adopted persons and persons born out of
569	wedlock are included in class gift terminology and terms of
570	relationship, in accordance with rules for determining
571	relationships for the purposes of intestate succession apply
572	when determining whether class gift terminology and terms of
573	relationship include adopted persons and persons born out of
574	wedlock.
575	Section 18.  Subsection (9) of section 744.444, Florida
576	Statutes, is amended to read:
577	744.444  Power of guardian without court approval.-Without
578	obtaining court approval, a plenary guardian of the property, or
579	a limited guardian of the property within the powers granted by
580	the order appointing the guardian or an approved annual or
581	amended guardianship report, may:
582	(9)  Elect whether to dissent from a will under the
583	provisions of s. 732.2125(2), seek approval to make an election
584	in accordance with s. 732.401, or assert any other right or
585	choice available to a surviving spouse in the administration of
586	a decedent's estate.
587	Section 19.  Except as otherwise expressly provided in this
588	act, this act shall take effect October 1, 2010.

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