Additionally amended FLA LEG XLII-733.607, possession of estate; bill also repealed provision FLA LEG XLII-732.221, perfection of title of personal rep, beneficiary.
Repealed FLA LEG XLII-732.223, provision re perfection of title of surviving spouse.
Bill Provisions.
Provided clarified procedures to resolve probate disputes regarding property owned by spouses in FLA but acquired while spouses lived in 1 of 9 community property states.
Provided that clerks must file, in addition to those documents already required under current law, orders admitting will to probate and orders determining beneficiaries.
Clarified existing law by exempting title disputes arising from term claim as defined in probate code; limitations, 2-year statute of repose applicable to probate creditor claim.
Created new dispute resolution mechanism, statute of repose specifically designed for title disputes; made targeted and narrowly-focused modifications to improve clarity.
To reduce risk of unintended forfeitures of property rights Act is intended to preserve.
Legislative History
On Dec. 18, 2023, bill was introduced in House; on Feb.28, 2024, bill passed House.
On Feb. 28, 2024, bill was introduced in Senate; on Mar. 1, 2024, bill passed Senate.
On May 30, 2024, bill sent to governor; on Jun. 13, 2024, governor approved bill.
Effectiveness
Amendments to probate rule FLA LEG 28.223 become effective Jan. 1, 2025.
Remainder of bill became effective upon becoming law; Jun. 13, 2024.
Jun. 17, 2024 FLA LEG Bill Chaptered
On Jun. 17, 2024, FLA LEG reported bill HB 923 was assigned Chapter 2024-238.
