Florida Statutes

Fla. Stat. § 732.402 (2025)

Exempt property.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 28 cases (4 in the last 5 years), 1979–2024 · leading case: Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003).

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Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 12× “§ 732.402, Fla. Stat. Exempt property. § 732.”

Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 5× “F.S. 732.402 Exempt property. F.S. 732.801(5) Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment.”

Shriners Hospitals for Crippled Child. v. Zrillic, 563 So. 2d 64 (Fla. 1990). · cites it 2× “(1985), personal property exemptions, § 732.402, Fla. Stat. (1985), and a family allowance, § 732.”

Paredes v. McLucas, 561 So. 2d 439 (Fla. 2d DCA 1990). · cites it 10× “401), exempt property (F.S.A. 732.402), and family allowance (F.”

Amendments to Florida Prob. Rules, 683 So. 2d 78 (Fla. 1996). · cites it 4× “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…”

Babcock v. Est. of Babcock, 995 So. 2d 1044 (Fla. 4th DCA 2008). · cites it 5× “" § 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.”

Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). · cites it 2× “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.”

In re Brown, 521 B.R. 205 (Bankr. S.D. Tex. 2014). “Fla. Stat. Ann. § 732.402 (West 2014). In contrast to Texas law, there is no provision of Florida law that provides for allowances “in lieu of’ tangible exempt property — i.”

In Re Est. of Corbin, 645 So. 2d 39 (Fla. 1st DCA 1994). · cites it 2× “Corbin filed a petition to determine exempt property pursuant to section 732.402, Florida Statutes. The trial judge determined that a motor home and a travel trailer did not come within the definition of automobile.”

Faulkner v. Woodruff, 159 So. 3d 319 (Fla. 2d DCA 2015). · cites it 2× “4 See § 732.402, Fla. Stat. (2010). Therefore, they contend, the probate court did not have jurisdiction to review the reasonableness of the fees and this dispute must be heard in the civil division of the circuit court.”

In Re Amend. to Florida Prob. Rules, 986 So. 2d 576 (Fla. 2008). · cites it 2× “§ 732.402, Fla. Stat. Exempt property. § 732.”

In Re Est. of Ritz, 385 So. 2d 1102 (Fla. 5th DCA 1980). · cites it 2× “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. The…”

Show all 28 citing cases →

— 732.402(1) — 2 cases

Paredes v. McLucas, 561 So. 2d 439 (Fla. 2d DCA 1990). “401), exempt property (F.S.A. 732.402), and family allowance (F.”

Babcock v. Est. of Babcock, 995 So. 2d 1044 (Fla. 4th DCA 2008). “" § 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(2)(a) — 1 case

Grant v. Norris, 558 So. 2d 208 (Fla. 2d DCA 1990).

— 732.402(2)(b) — 1 case

In re the Est. of Corbin, 603 So. 2d 127 (Fla. 1st DCA 1992).

— 732.402(3) — 2 cases

Paredes v. McLucas, 561 So. 2d 439 (Fla. 2d DCA 1990). “401), exempt property (F.S.A. 732.402), and family allowance (F.”

Grant v. Norris, 558 So. 2d 208 (Fla. 2d DCA 1990).

— 732.402(5) — 1 case

— 732.402(6) — 3 cases

Paredes v. McLucas, 561 So. 2d 439 (Fla. 2d DCA 1990). “401), exempt property (F.S.A. 732.402), and family allowance (F.”

Grant v. Norris, 558 So. 2d 208 (Fla. 2d DCA 1990).

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