SB 358 — Decedents’ Property

Florida Senate - 2020 CS for SB 358 By Senatorthe BermanCommittee 31-00015B-20on 2020358__Judiciary; A bill to be entitled An act relating to decedents’ property;

and Senator Berman 590-01177-20 2020358c1 A bill to be entitled An act relating to estates and trusts;

733.607, F.S.;

specifying that a personal representative has the exclusive right to maintain an action to recover possession of property or determine the title to property;

specifying that a personal representative does not have a duty to maintain certain causes of action;

amending s.

5549 Be It Enacted by the Legislature of the State of Florida:

5751 Section 1. Effective July 1, 2020, section 731.1065, Florida Statutes, is created to read:

731.301 Notice.— (2) In a probate proceeding, formal notice to a person is sufficient notice for the court to acquireexercise its in rem to acquire jurisdiction over the person receiving formal notice to the extent of the person’s interest in the estate property or in the decedent’s protected homestead.

FormalThe noticecourt isdoes not sufficientacquire to invoke the court’s personal jurisdiction over thea person receivingby service of formal notice.

Section 6. Subsection6. Effective (1)July of1, 2020, section 733.607,733.610, Florida Statutes, is amended to read:

733.607 Possession of estate.— (1) Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except the protected homestead, but any real property or tangible personal property may be left with, or surrendered to, the person presumptively entitled to it unless possession of the property by the personal representative will be necessary for purposes of administration.

The request by a personal representative for delivery of any property possessed by a beneficiary is conclusive evidence that the possession of the property by the personal representative is necessary for the purposes of administration, in any action against the beneficiary for possession of it.

The personal representative shall take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution and has the exclusive right to may maintain an action to recover possession of property or to determine the title to it.

The personal representative does not have a duty to maintain a cause of action that has been abandoned, assigned, distributed, or otherwise adjudicated by court order.

Section 7. Effective July 1, 2020, section 733.610, Florida Statutes, is amended to read:

Section 8. Subsection7. Subsection (20) of section 733.612, Florida Statutes, is amended to read:

Section 9. Subsection8. Subsection (6) of section 733.617, Florida Statutes, is amended, and subsection (8) is added to that section, to read:

200171 I, ...(Name)..., declare that:

202173 I have designated my attorney, an attorney employed in the same law firm as my attorney, or a person related to my attorney as a nominated personal representative in my will or codicil dated ...(insert date)....

207178 Before executing the will or codicil, I was informed that:

221192 ...(Signature)...

225196 (c) For purposes of this subsection:

Section 10. Subsection9. Subsection (4) is added to section 736.0708, Florida Statutes, to read:

303274 I, ...(Name)..., declare that:

305276 I have designated my attorney, an attorney employed in the same law firm as my attorney, or a person related to my attorney as a trustee in my trust instrument dated ...(insert date)....

309280 Before executing the trust, I was informed that:

321292 ...(Signature)...

325296 (c) For purposes of this subsection:

Section 11. Except10. Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect October 1, 2020.