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FL H1241

Bill

Status

Failed

3/10/2018

Primary Sponsor

Sam Killebrew

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Authorizes Florida financial institutions to pay up to $10,000 from a deceased depositor's accounts directly to a surviving successor without court proceedings, provided payment is made no sooner than 45 days after death.

  • Defines "surviving successor" as the decedent's surviving spouse, or if none exists, an adult child, or if none exists, a parent.

  • Requires the surviving successor to provide a certified death certificate and sworn affidavit confirming their relationship to the decedent, that no personal representative has been appointed, and that total deposits do not exceed $10,000.

  • Financial institutions are not required to verify the affidavit's truthfulness and receive full liability protection upon payment; knowingly making false statements in the affidavit constitutes theft under Florida law.

  • Surviving successors who withdraw funds become personally liable to creditors, personal representatives, and other heirs for amounts exceeding their proper share; this section supersedes conflicting provisions of the Florida Probate Code and takes effect July 1, 2018.

Legislative Description

Financial Institution Payments to Surviving Successors

Last Action

Died in Insurance and Banking Subcommittee

3/10/2018

Committee Referrals

Insurance And Banking Subcommittee1/12/2018

Full Bill Text

No bill text available