CopyCited 25 times | Published | Supreme Court of Florida | 1990 WL 74588
...Const.; see also §§
732.401-.4015, Fla. Stat. (1985), and a coverture restriction, art. X, § 5, Fla. Const.; see also §
732.111, Fla. Stat. (1985), The Probate Code provides for an elective share, §§
732.201-.215, Fla. Stat. (1985), personal property exemptions, §
732.402, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...The widow appeals this order. The parties to this appeal are in agreement that the residence referred to in Article III was the homestead of Walter Ritz at the time of his death and that the widow takes all of the household furniture and furnishings therein by reason of Section 732.402, Florida Statutes....
CopyCited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...it. Committee Notes This rule establishes the procedure by which the personal representative or any interested person may petition the court for determination of exempt property in accordance with article X, section 4 of the Florida Constitution and section 732.402, Florida Statutes. Section 732.402, Florida Statutes, specifies the time within which the petition to determine exempt property must be filed after first publication of notice of administration, unless extended as provided in the statute....
...1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Editorial changes in rule to conform to similar language in rule 5.405. Committee notes revised. Constitutional Reference Art. X, 4, Fla. Const. Statutory Reference 732.402, Fla.Stat....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...732.212, Florida Statutes, relating to attorney-client privilege for fiduciaries and their attorneys. Editorial changes to conform to the court's guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Statutory reference to section 732.402, Florida Statutes, added....
...Committee Notes revised. Statutory References §
731.201(23), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
731.302, Fla. Stat. Waiver and consent by interested person. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.402, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 4863088
...Thus, the will would be construed as a bequest to *1046 Braxton of the property contained in Article IV. Tawn was not mentioned in the will and constituted a pretermitted spouse. §
732.301, Fla. Stat. Tawn filed a motion to determine exempt property pursuant to section
732.402(6), Florida Statutes, which provides that the surviving spouse has the right to a share of the "exempt property," of the estate, which includes certain "[h]ousehold furniture," "furnishings," "appliances," and "automobiles." §
732.402(1), (2), Fla. Stat. However, "[p]roperty specifically or demonstratively devised by the decedent's will to any devisee shall not be included in exempt property." §
732.402(5), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 3185, 2015 WL 968723
...Appellees also argue on appeal that the probate court could not determine whether their fees were reasonable, because the fees were paid from the proceeds of the sale of homestead property, and homestead property is excluded from the value of an estate in probate court. 4 See § 732.402, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...In those instances where it is the legislative intent that property of a decedent be distributed not subject to any burden of administrative cost or taxes, it has specifically referred to such property as "exempt property." For an example, see the provisions of Section 732.402, Florida Statutes (1977), where the legislature carefully designated its intent by using the words "exempt property" and "net value." We find no provision in the applicable statutes to indicate any intent that the pretermitted spouse...
CopyPublished | Supreme Court of Florida
who may be entitled to exempt property under section
732.402, Florida Statutes, will be deemed to have waived
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...ovided for service of formal notice. Committee notes revised. Statutory References §
683.01, Fla. Stat. Legal holidays. §
731.301, Fla. Stat. Notice. §
732.107, Fla. Stat. Escheat. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.402, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...to conform for the sake of clarity. Committee notes revised. *509 Statutory References F.S.
683.01 Legal holidays. F.S. 731.111 Notice to creditors. F.S.
731.301 Notice; method and time; proof. F.S.
732.107 Escheat. F.S. 732.212 Time of election. F.S.
732.402 Exempt property....
...Committee Notes This rule establishes the procedure by which the personal representative or any interested person may petition the court for determination of exempt property in accordance with article X, section 4 of the Florida Constitution and F.S. 732.402....
...Subparagraph (b)(2) added the requirement of stating addresses of those entitled to exempt property. Paragraph (c) revised to reflect editorial changes and to require determination of the value of each item of exempt property. Committee notes revised. Statutory References F.S. 732.402 Exempt property....
...If the court is satisfied that disposition without administration is appropriate, the court may, without hearing, by letter or other writing authorize the payment, transfer, or disposition of the decedent’s personal property to those persons entitled to it. Committee Notes F.S. 732.402 requires persons entitled to exempt property, which excludes property specifically or demonstratively devised, to file timely a petition to determine exempt property....
...1988 Revision: Subparagraph (a)(3) changed to require applicant to attach accompanying statements or payment receipts regarding priority expenses. Paragraph (b) added to require persons entitled to exempt property to agree to the proposed disposition. Committee notes expanded. Statutory References F.S. 732.402 Exempt property....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...ended to conform for the sake of clarity. Committee notes revised. Statutory References F.S.
683.01 Legal holidays. F.S. 731.111 Notice to creditors. F.S.
731.301 Notice; method and time; proof. F.S.
732.107 Escheat. F.S. 732.212 Time of election. F.S.
732.402 Exempt property....
...Committee Notes This rule establishes the procedure by which the personal representative or any interested person may petition the court for determination of exempt property in accordance with article X, section 4 of the Florida Constitution and F.S. 732.402....
...Subparagraph (b)(2) added the requirement of stating addresses of those entitled to exempt property. Paragraph (c) revised to reflect editorial changes and to require determination of the value of each item of exempt property. Committee notes revised. Statutory References F.S. 732.402 Exempt property....
...If the court is satisfied that disposition without administration is appropriate, the court may, without hearing, by letter or other writing authorize the payment, transfer, or disposition of the decedent’s personal property to those persons entitled to it. Committee Notes F.S. 732.402 requires persons entitled to exempt property, which excludes property specifically or demonstratively devised, to file timely a petition to determine exempt property....
...1988 Revision: Subparagraph (a)(3) changed to require applicant to attach accompanying statements or payment receipts regarding priority expenses. Paragraph (b) added to require persons entitled to exempt property to agree to the proposed disposition. Committee notes expanded. Statutory References F.S. 732.402 Exempt property....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Citation form changes in committee notes. Statutory References
683.01, Fla.Stat. Legal holidays. ⅛⅜§ 731.111, Fla.Stat. Notice to creditors.
731.301, Fla.Stat. Notice; method and time; proof.
732.107, Fla.Stat. Escheat. 732.212, Fla.Stat. Time of election.
732.402, Fla.Stat....
...Committee Notes This rule establishes the procedure by which the personal representative or any interested person may petition the court for determination of exempt property in accordance with article X, section 4 of the Florida Constitution and Resection 732.-402, Florida Statutes. Section 732.402, Florida Statutes, specifies the time within which the petition to determine exempt property must be filed after first publication of notice of administration, unless extended as provided in the statute....
...ParagraphSubdivision (c) revised to reflect editorial changes and to require determination of the value of each item of exempt property. Committee notes revised. 1992 Revision: Committee notes revised. Citation form changes in committee notes. *1359 Constitutional Reference Art. X, § 4, Fla. Const. Statutory References 732.402, Fla.Stat....
...If the court is satisfied that disposition without administration is appropriate, the court may, without hearing, by letter or other writing authorize the payment, transfer, or disposition of the decedent’s personal property to those persons entitled to it. Committee Notes Fr&Section 732.402, Florida Statutes, requires persons entitled to exempt property, which excludes property specifically or demonstratively devised, to file timely a petition to determine exempt property....
...Para-grapbSubdivision (b) added to require persons entitled to exempt property to agree to the proposed disposition. Committee notes expanded. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. Statutory References 732.402, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...Committee Notes This rule establishes the procedure by which the personal representative or any interested person may petition .the court for determination of exempt property in accordance with article X, section 4 of the Florida Constitution and F.S. 732.402. Rule History 1984 Revision: New rule. Statutory References F.S. 732.402 Exempt property....
CopyPublished | Supreme Court of Florida
...Committee Notes
This rule establishes the procedure by which the personal
representative or any interested person may petition the court for
determination of exempt property in accordance with article X,
section 4 of the Florida Constitution and section 732.402, Florida
Statutes.
Section 732.402, Florida Statutes, specifies the time within
which the petition to determine exempt property must be filed,
within 4 months after the date of service of the notice of
administration, unless extended as provided in the statute.
R...
CopyPublished | Supreme Court of Florida
...Committee Notes
This rule establishes the procedure by which the personal
representative or any interested person may petition the court for
determination of exempt property in accordance with article X,
section 4 of the Florida Constitution and section 732.402, Florida
Statutes.
Section 732.402, Florida Statutes, specifies the time within
which the petition to determine exempt property must be filed,
within 4 months after the date of service of the notice of
administration, unless extended as provided in the statute.
R...
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 10398
...We conclude the trial judge did not abuse his discretion in denying the motions. We therefore affirm the trial judge’s denial of motions for removal of the personal representative and her attorney. Corbin filed a petition to determine exempt property pursuant to section 732.402, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 1994 WL 577384
...We conclude the trial judge did not abuse his discretion in denying the motions. We therefore affirm the trial judge's denial of motions for removal of the personal representative and her attorney. Corbin filed a petition to determine exempt property pursuant to section 732.402, Florida Statutes....
CopyPublished | Supreme Court of Florida
...(4) that any person entitled to exempt property must file a petition
for determination of exempt property within the time provided by law or the right
to exempt property is deemed waived;the persons who may be entitled to exempt
property under section 732.402, Florida Statutes, will be deemed to have waived
their rights to claim that property as exempt property unless a petition for
determination of exempt property is filed by such persons or on their behalf on or
before the later of the d...
...Definitions.
§
731.201(23), Fla. Stat. General definitions.
§
731.301, Fla. Stat. Notice.
§
731.302, Fla. Stat. Waiver and consent by interested person.
§
732.2135, Fla. Stat. Time of election; extensions; withdrawal.
§
732.402, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 8121, 2013 WL 2233986
LaROSE, Judge. Mary Cathryn Martini appeals the probate court’s order denying her petition to determine property exempt from the Estate of Louise B. Conner, Ms. Martini’s mother. See § 732.402, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3490, 1990 WL 64114
...the value of the estate before computing dower. It would also seem reasonable that, by analogy, the conclusion could be carried over to the relationship between the elective share and exempt property under the current statutory sections 732.207 and 732.402....
...The only way exempt property might also be deducted is to find that it is not property subject to administration or that it is a claim against the estate, but we have found no support for either proposition. Perhaps it would be helpful if the word “exempt” is examined to determine from what situations section 732.402 property is exempt. That examination begins and ends in section 732.402(3), which indicates that section 732.402 property is exempt from claims against the estate except perfected security interests. There is nothing in the probate code to lead one to the conclusion that section 732.402 property is exempt from administration. Furthermore, there are several provisions which indicate that section 732.402 property is subject to administration: 1. Section 732.402(1) indicates that section 732.402 property is a “share of the estate” that is simply designated as “exempt property.” 2....
...ned to be exempt property is to be surrendered to the person entitled to it, thereby implying that the personal representative surrenders it. The personal representative would have no right of possession had it not been subject to administration. 5. Section
732.402(6) indicates that property of the estate becomes exempt only if a petition is filed to establish the exemption; failure to file the petition within prescribed time limits constitutes a waiver or the right to receive exempt property. Section
731.201(13), Florida Statutes (1987), defines “exempt property” as “the property of a decedent’s estate which is described in s.
732.402.” “Estate” is defined in section
731.201(12) as “property of a decedent that is the subject of administration.” Section
732.402 describes exempt property as specific articles of the decedent’s personal property which, subject to some value limitations, is claimed as exempt by the surviving spouse or, if there is no surviving spouse, by children of the decedent....
...The order determining the amount of the elective share is affirmed. AFFIRMED. COWART and HARRIS, JJ., concur. . The amount of the elective share "is computed on all property and interests in property, real or personal ... except homestead (F.S.A.
732.401), exempt property (F.S.A.
732.402), and family allowance (F.S.A....
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 1884, 1990 WL 31733
...nium unit, or at least all personal property owned either by Mr. or Mrs. Grant, became property of Mr. Grant’s estate at his death. Their legal argument is based upon an erroneous reading of the “exempt property” provision in the probate code. § 732.402, Fla.Stat. (1987). The exempt property statute states, in part: (2) Exempt property shall consist of: (a) Household furniture, furnishings, and appliances in the decedent’s usual place of abode up to a net value of $10,-000 as of the date of death;.... § 732.402(2)(a), Fla.Stat....
...xempt property is merely “a share of the estate of the decedent.” §
732.401(1), Fla. Stat. (1987). Moreover, “exempt property” is defined for general purposes of the probate code as “property of a decedent’s estate which is described in s.
732.402.” §
731.201(13), Fla.Stat....
...An estate includes only “property of a decedent that is the subject of administration.” §
731.201(12), Fla.Stat. (1987). Under the exemption statute, the decedent’s death does not transform the personal property of others into estate property. Section
732.402 is not intended to, and does not, deprive the surviving family members or third parties of their existing rights to personal property within the decedent’s home at the time of the decedent’s death....
...sonal representative may maintain an action to recover the property. The estate, however, must allege and prove that the property was property of the decedent that is the subject of administration. Affirmed. DANAHY, A.C.J., and PARKER, J., concur. . § 732.402(3), Fla.Stat. (1987). . § 732.402(6), Fla.Stat....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...*1082 Statutory References §
683.01, Fla. Stat. Legal holidays. § 731.111, Fla. Stat. Notice to- creditors. §
731.301, Fla. Stat. Notice, — method and time; proof. §
732.107, Fla. Stat. Escheat. § 732.21235, Fla. Stat. Time of election; extensions; withdrawal. §
732.402, Fla....
...it. Committee Notes This rule establishes the procedure by which the personal representative or any interested person may petition the court for determination of exempt property in accordance with article X, section 4 of the Florida Constitution and section 732.402, Florida Statutes. Section 732.402, Florida Statutes, specifies the time within which the petition to determine exempt property must be filed after first publication of notice of administration, within 4 months after the date of service of the notice of administration, unless extended as provided in the statute....
...1996 Revision: Editorial changes in rule to conform to similar language in rule 5.405. Committee notes revised. 2003 Revision: Committee notes revised. *1131 Constitutional Reference Art. X, § 4, Fla. Const- Statutory References uments. 04 o o O o o 5S £ GO o T — i 1-1 CO § 732.402, Fla....
...If the court is satisfied that disposition without administration is appropriate, the court may, without hearing, by letter or other writing authorize the payment, transfer, or disposition of the decedent’s personal property to those persons entitled to it. Committee Notes Section 732.402, Florida Statutes, requires persons entitled to exempt property, which excludes property specifically or demonstratively devised, to file timely a petition to determine exempt property....
...Subdivision (b) added to require persons entitled to exempt property to agree to the proposed disposition. Committee notes expanded. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 732.402, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
683.01, Fla. Stat. Legal holidays. §
731.301, Fla. Stat. Notice. §
732.107, Fla. Stat. Escheat. §
732.2135, Fla. Stat. Time of election; extensions; withdrawal. §
732.402, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 173, 1989 Fla. App. LEXIS 81, 1989 WL 622
petition to set aside exempt property pursuant to section 732.-402(6), Florida Statutes (1985). According*1187ly
CopyPublished | Supreme Court of Florida
who may be entitled to exempt property under section
732.402, Florida Statutes, will be deemed to have waived
CopyPublished | Supreme Court of Florida
...Powers of guardian upon court approval.
RULE 5.240. NOTICE OF ADMINISTRATION
(a) [NO CHANGE]
(b) Contents. The notice shall state:
(1)-(3) [NO CHANGE]
(4) the persons who may be entitled to exempt property under
section 732.402, Florida Statutes, will be deemed to have waived their rights to
claim that property as exempt property unless a petition for determination of
exempt property is filed by such persons or on their behalf on or before the later of
the d...
...No administration shall be required
or formal proceedings instituted upon the estate of a decedent who:
(1) died intestate;
(2) leaves only:
-8-
(A) personal property exempt under the provisions of section
732.402, Florida Statutes,
(B) personal property exempt from the claims of creditors
under the Florida Constitution, and
(C) non-exempt personal property the value of which does
not exceed the sum of $10...
...unaware of any
unrevoked wills or codicils;
(2) a statement that the decedent has been deceased for more than 1
year;
(3) a statement that the decedent died leaving only personal
property exempt under the provisions of section 732.402, Florida Statutes, personal
property exempt from the claims of creditors under the Florida Constitution, and
non-exempt personal property the value of which does not exceed the sum of
$10,000;...
...other writing under the
seal of the court, must authorize the payment, transfer, disposition, delivery, or
assignment of the tangible or intangible personal property to those persons entitled.
Committee Notes
Section 732.402, Florida Statutes, requires persons entitled to exempt
property, which excludes property specifically or demonstratively devised, to file
timely a petition to determine exempt property....
CopyPublished | Supreme Court of Florida
...(4) that any person entitled to exempt property must file a petition
for determination of exempt property within the time provided by law or the right
to exempt property is deemed waived;the persons who may be entitled to exempt
property under section 732.402, Florida Statutes, will be deemed to have waived
their rights to claim that property as exempt property unless a petition for
determination of exempt property is filed by such persons or on their behalf on or
before the later of the d...
...Definitions.
§
731.201(23), Fla. Stat. General definitions.
§
731.301, Fla. Stat. Notice.
§
731.302, Fla. Stat. Waiver and consent by interested person.
§
732.2135, Fla. Stat. Time of election; extensions; withdrawal.
§
732.402, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1908, 1985 Fla. App. LEXIS 15192
...perty. In their verified statement, Ethel Burks and Jacquelyn Burks advised that the children of decedent intended to apply the proceeds from the *829 sale of the 1978 Buick Regal automobile to pay the $3,376.86 funeral bill. Killings maintains that Section 732.402, Florida Statutes, supplements Article X, Section 4 of the Florida Constitution, by expressly identifying personal automobiles as exempt personal property protected under the Constitution. Section 732.402, Florida Statutes (1983), provides: 732.402 Exempt property....
...he proceeds from the sale of the 1978 Buick Regal automobile were to be divided among the decedent’s eight children, and remand for entry of an order awarding the 1978 Buick Regal to the two minor children, subject to the $396.40 lien, pursuant to Section 732.402, Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8538, 1992 WL 191174
...d travel trailer. Each of the inventories filed by appellee listed the subject vehicles as assets of the estate. Appellant filed his petition to determine exempt property, claiming the vehicles were instead exempt from the probate estate pursuant to section 732.402(2)(b), thereby entitling him to possession and title to same....
...not come within the definition of ‘automobile’ under the exempt property statute.” No express ruling was made on the status of the travel trailer. In challenging the court’s ruling, appellant argues that the term “automobiles” as used in section 732.402(2)(b) is ambiguous, but that the legislative intent is apparent and the statute’s purpose is to provide a surviving spouse all such vehicles owned by the decedent at the time of death....
...ed language clearly narrows the statute’s focus and renders any inquiry thereunder by the trial court fact specific. Earlier, in Killings, Burks v. Estate of Burks,
473 So.2d 827 (Fla. 1st DCA 1985), this court held that “[sjince the language of Section
732.402, Florida Statutes, is plain and without ambiguity, the statute must be enforced according to its terms.” Id....
