FL H0923

Amends Florida's Uniform Disposition of Community Property Rights at Death Act (ss. 732.216-732.228) to clarify that upon a married person's death, one-half of applicable community property belongs to the surviving spouse and is excluded from the decedent's probate estate, while the other half is included in the probate estate for testamentary disposition or intestate succession

Creates a 2-year statute of repose (s. 732.2211) requiring any demand or dispute arising under the community property act to be filed as a declaratory relief action within 2 years of the decedent's death or be forever barred, and relieves personal representatives and curators of any duty to discover whether property is subject to the act unless a timely written demand is made

Allows a surviving spouse to waive community property rights through a written contract, agreement, or waiver containing specified statutory language, signed by the spouse or an authorized representative such as an attorney in fact, agent, guardian, or personal representative

Expands the types of probate documents clerks must record (effective January 1, 2025) to include orders admitting wills to probate and orders determining beneficiaries, and adds protections for payors and third parties who distribute property in good faith reliance on governing instruments

Adds claims under the community property act to the list of spousal rights that may be waived under s. 732.702, and prohibits personal representatives from knowingly taking possession or control of a surviving spouse's one-half share of community property