The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

View Entire Chapter

F.S. 732.402

732.402 Exempt property.—

(1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.”

(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 $20,000 as of the date of death.

(b) Two motor vehicles as defined in s. 316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles.

(c) All qualified tuition programs authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and the Florida Prepaid College Trust Fund participation agreements under s. 1009.981.

(d) All benefits paid pursuant to s. 112.1915.

(3) Exempt property shall be exempt from all claims against the estate except perfected security interests thereon.

(4) Exempt property shall be in addition to protected homestead, statutory entitlements, and property passing under the decedent’s will or by intestate succession.

(5) Property specifically or demonstratively devised by the decedent’s will to any devisee shall not be included in exempt property. However, persons to whom property has been specifically or demonstratively devised and who would otherwise be entitled to it as exempt property under this section may have the court determine the property to be exempt from claims, except for perfected security interests thereon, after complying with the provisions of subsection (6).

(6) Persons entitled to exempt property shall be deemed to have waived their rights under this section unless a petition for determination of exempt property is filed by or on behalf of the persons entitled to the exempt property on or before the later of the date that is 4 months after the date of service of the notice of administration or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the estate subject to this section.

(7) Property determined as exempt under this section shall be excluded from the value of the estate before residuary, intestate, or pretermitted or elective shares are determined.

History.—s. 1, ch. 74-106; s. 19, ch. 75-220; s. 10, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 81-238; s. 3, ch. 85-79; s. 67, ch. 87-226; s. 51, ch. 98-421; s. 3, ch. 99-220; s. 3, ch. 2001-180; s. 39, ch. 2001-226; s. 1036, ch. 2002-387; s. 5, ch. 2006-134; s. 5, ch. 2006-303; s. 8, ch. 2009-115; s. 81, ch. 2016-239.

Note.—Section 8, ch. 85-79, provides in pertinent part that with respect to s. 3, ch. 85-79, “the substantive rights of all persons which have vested prior to October 1, 1985, shall be determined as provided in s. 732.402, Florida Statutes, 1983.”

Note.—Created from former s. 734.08.

F.S. 732.402 on Google Scholar

F.S. 732.402 on Casetext

Amendments to 732.402

Arrestable Offenses / Crimes under Fla. Stat. 732.402

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.402.

Annotations, Discussions, Cases:

Cases from cite.case.law:

T. FAULKNER, L. v. WOODRUFF P. A., 159 So. 3d 319 (Fla. Dist. Ct. App. 2015)

. . . See § 732.402, Fla. Stat. (2010). . . .

In BROWN, Co. MG LLC,, 521 B.R. 205 (Bankr. S.D. Tex. 2014)

. . . Florida Statute 732.402 provides, in relevant part, that: (1) If a decedent was domiciled in this state . . . Ann. § 732.402 (West 2014). . . .

MARTINI, v. ESTATE OF B. CONNER, H., 113 So. 3d 147 (Fla. Dist. Ct. App. 2013)

. . . See § 732.402, Fla. Stat. (2011); Fla. Prob. R. 5.406. We have jurisdiction. Fla. R.App. . . .

BABCOCK, v. ESTATE OF L. BABCOCK, L., 995 So. 2d 1044 (Fla. Dist. Ct. App. 2008)

. . . Tawn filed a motion to determine exempt property pursuant to section 732.402(6), Florida Statutes, which . . . , which includes certain “[h]ousehold furniture,” “furnishings,” “appliances,” and “automobiles.” § 732.402 . . . demonstratively devised by the decedent’s will to any devisee shall not be included in exempt property.” § 732.402 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla-. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla. Stat. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla. Stat. . . . of exempt property in accordance with article X, section 4 of the Florida Constitution and section 732.402 . . . Const- Statutory References uments. 04 o o O o o 5S £ GO o T — i 1-1 CO § 732.402, Fla. Stat. . . . Committee Notes Section 732.402, Florida Statutes, requires persons entitled to exempt property, which . . . Statutory References § 732.402, Fla. Stat. Exempt property. § 735.301, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . of exempt property in accordance with article X, section 4 of the Florida Constitution and section 732.402 . . . Section 732.402, Florida Statutes, specifies the time within which the petition to determine exempt property . . . Statutory Reference § 732.402, Fla.Stat. Exempt property. . . .

In ESTATE OF CORBIN. CORBIN, Sr. v. SHERMAN, W. a k a, 645 So. 2d 39 (Fla. Dist. Ct. App. 1994)

. . . Corbin filed a petition to determine exempt property pursuant to section 732.402, Florida Statutes. . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Time of election. 732.402, Fla.Stat. Exempt property- 732.801(5), Fla.Stat. . . . Section 732.402, Florida Statutes, specifies the time within which the petition to determine exempt property . . . Statutory References 732.402, Fla.Stat. . . . Committee Notes Fr&Section 732.402, Florida Statutes, requires persons entitled to exempt property, which . . . Statutory References 732.402, Fla.Stat. Exempt property- ⅜⅜⅛ 735.301, Fla.Stat. . . .

In ESTATE OF CORBIN,, 603 So. 2d 127 (Fla. Dist. Ct. App. 1992)

. . . exempt property, claiming the vehicles were instead exempt from the probate estate pursuant to section 732.402 . . . In challenging the court’s ruling, appellant argues that the term “automobiles” as used in section 732.402 . . . of Burks, 473 So.2d 827 (Fla. 1st DCA 1985), this court held that “[sjince the language of Section 732.402 . . .

SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, v. E. ZRILLIC, ESTATE OF E. ROMANS, v. E. ZRILLIC,, 563 So. 2d 64 (Fla. 1990)

. . . provides for an elective share, §§ 732.201-.215, Fla.Stat. (1985), personal property exemptions, § 732.402 . . .

PAREDES, v. B. McLUCAS,, 561 So. 2d 439 (Fla. Dist. Ct. App. 1990)

. . . That examination begins and ends in section 732.402(3), which indicates that section 732.402 property . . . Furthermore, there are several provisions which indicate that section 732.402 property is subject to . . . Section 732.402(1) indicates that section 732.402 property is a “share of the estate” that is simply . . . Section 732.402(6) indicates that property of the estate becomes exempt only if a petition is filed to . . . Section 732.402 describes exempt property as specific articles of the decedent’s personal property which . . .

In ESTATE OF F. GRANT, GRANT F. v. NORRIS,, 558 So. 2d 208 (Fla. Dist. Ct. App. 1990)

. . . . § 732.402, Fla.Stat. (1987). . . . . § 732.402(2)(a), Fla.Stat. (1987). . . . for general purposes of the probate code as “property of a decedent’s estate which is described in s. 732.402 . . . Section 732.402 is not intended to, and does not, deprive the surviving family members or third parties . . . DANAHY, A.C.J., and PARKER, J., concur. . § 732.402(3), Fla.Stat. (1987). . § 732.402(6), Fla.Stat. ( . . .

In ESTATE OF J. HILL, SHEHAN, v. W. POLLACK,, 552 So. 2d 1133 (Fla. Dist. Ct. App. 1989)

. . . within the meaning of Article X, section 4 of the Florida Constitution and sections 732.401(1) and 732.402 . . . See §§ 732.401; 732.-4015; 732.402, Fla.Stat. (1987). Here, Ms. Cates and Mr. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 732.402 Exempt property. . . . determination of exempt property in accordance with article X, section 4 of the Florida Constitution and F.S. 732.402 . . . Statutory References F.S. 732.402 Exempt property. Art. X, § 4, Fla. Const. . . . Committee Notes F.S. 732.402 requires persons entitled to exempt property, which excludes property specifically . . . Statutory References F.S. 732.402 Exempt property. F.S. 735.301 Disposition without administration. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

KILLINGS, BURKS, v. In ESTATE OF BURKS,, 473 So. 2d 827 (Fla. Dist. Ct. App. 1985)

. . . Killings maintains that Section 732.402, Florida Statutes, supplements Article X, Section 4 of the Florida . . . Section 732.402, Florida Statutes (1983), provides: 732.402 Exempt property. — In addition to the homestead . . . awarding the 1978 Buick Regal to the two minor children, subject to the $396.40 lien, pursuant to Section 732.402 . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . determination of exempt property in accordance with article X, section 4 of the Florida Constitution and F.S. 732.402 . . . Statutory References F.S. 732.402 Exempt property. Art. X, § 4, Fla. Const. Rule 5.410. . . .

In ESTATE F. RITZ, P. RITZ, v. W. RITZ J., 385 So. 2d 1102 (Fla. Dist. Ct. App. 1980)

. . . and that the widow takes all of the household furniture and furnishings therein by reason of Section 732.402 . . .

B. SOLOMON, v. F. DUNLAP, 372 So. 2d 218 (Fla. Dist. Ct. App. 1979)

. . . For an example, see the provisions of Section 732.402, Florida Statutes (1977), where the legislature . . .