Summary
This Florida session law (Ch. 2024-238) amends probate and community property statutes, effective June 13, 2024 (with certain sections effective January 1, 2025). It revises the Uniform Disposition of Community Property Rights at Death Act to exclude tenancy by entirety and homestead property, creates a mandatory declaratory relief action with a two-year statute of repose for community property disputes, and limits personal representatives’ duties to discover such property absent written demand. The law also expands probate recording requirements, protects third parties acting in good faith, and allows waiver of a surviving spouse’s community property rights.
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Key quotations
“Upon the death of a married person, one-half of the property to which ss. 732.216-732.228 apply is the property of the surviving spouse, is not property of the decedent's probate estate, and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state.” (Section 4)
“By executing this contract, agreement, or waiver, I intend to waive my right as a surviving spouse to assert a claim to any right, title or interest in property held by the decedent at the time of the decedent's death arising under the Florida Uniform Disposition of Community Property Rights at Death Act (ss. 732.216-732.228, Florida Statutes), wholly or partly, as provided herein.” (Section 4)
“Any demand or dispute arising, wholly or partly, under ss. 732.216-732.228, regarding any right, title, or interest in any property held by the decedent or surviving spouse at the time of the decedent's death shall be determined in an action for declaratory relief governed by the rules of civil procedure. Notwithstanding any other law, a complaint for such action must be filed within 2 years after the decedent's death or be forever barred.” (Section 6)
“A payor or other third party is not liable for paying, distributing, or transferring such property to a beneficiary designated in a governing instrument, or for taking any other action in good faith reliance on the validity of a governing instrument.” (Section 8)
Factual background
Chapter 2024-238, Laws of Florida, is a legislative act amending Florida Statutes relating to wills, estates, and the Uniform Disposition of Community Property Rights at Death Act. It expands probate recording requirements, clarifies property subject to community property rights, establishes exclusive declaratory relief actions with a 2-year statute of repose, provides immunity for personal representatives and third parties, and updates waiver and notice provisions. The act generally takes effect June 13, 2024, except Section 1 which takes effect January 1, 2025.