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FL S1064
Bill
Status
Introduced
12/21/2023
Primary Sponsor
Banking and Insurance
Click for details
AI Summary
- Amends Florida's Uniform Disposition of Community Property Rights at Death Act to exclude property held as tenants by the entirety and homestead property from its application, and clarifies that a surviving spouse's one-half share of community property is not part of the decedent's probate estate
- Creates a 2-year statute of repose requiring any demand or dispute over community property rights to be filed as a declaratory relief action within 2 years of the decedent's death or be forever barred
- Relieves personal representatives and curators of any duty to discover whether property held by the decedent or surviving spouse is subject to the community property act, unless a written demand is made by a surviving spouse, beneficiary, or creditor within specified timeframes (6 months, 3 months, or 30 days depending on party type)
- Allows a surviving spouse to waive community property rights through a written contract, agreement, or waiver, and expands existing spousal waiver provisions (s. 732.702) to explicitly include claims under the community property act as part of a waiver of "all rights"
- Requires clerks of court to record orders admitting wills to probate and orders determining beneficiaries, and mandates that notices of administration and notices to creditors include statements about the personal representative's limited duty regarding community property, effective January 1, 2025 (for the recording provision)
Legislative Description
Wills and Estates
Last Action
Laid on Table, refer to CS/HB 923
3/1/2024
Committee Referrals
Rules2/8/2024
Banking and Insurance1/30/2024
Full Bill Text
No bill text available