Florida Statute 732.402 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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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.

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F.S. 732.402 on CourtListener

Amendments to 732.402

Annotations, Discussions, Cases:

Cases Citing Statute 732.402

Total Results: 29

Shriners Hospitals for Crippled Children v. Zrillic

563 So. 2d 64, 1990 WL 74588

Supreme Court of Florida | Filed: May 31, 1990 | Docket: 2518593

Cited 25 times | Published

Stat. (1985), personal property exemptions, § 732.402, Fla. Stat. (1985), and a family allowance, §

In Re Estate of Ritz

385 So. 2d 1102

District Court of Appeal of Florida | Filed: Jun 18, 1980 | Docket: 1337460

Cited 4 times | Published

furniture and furnishings therein by reason of Section 732.402, Florida Statutes. The personalty, therefore

Amendments to Florida Probate Rules

683 So. 2d 78, 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880

Supreme Court of Florida | Filed: Oct 3, 1996 | Docket: 466033

Cited 3 times | Published

Florida Constitution and section 732.402, Florida Statutes. Section 732.402, Florida Statutes, specifies

In Re Amendments to the Florida Probate Rules

73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

Administrative Order AOSC06-14. Statutory reference to section 732.402, Florida Statutes, added. Committee Notes revised

Faulkner v. Woodruff

159 So. 3d 319, 2015 Fla. App. LEXIS 3185, 2015 WL 968723

District Court of Appeal of Florida | Filed: Mar 6, 2015 | Docket: 60246561

Cited 1 times | Published

the value of an estate in probate court.4 See § 732.402, Fla. Stat. (2010). Therefore, they contend, the

Babcock v. ESTATE OF BABCOCK

995 So. 2d 1044, 2008 WL 4863088

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 1285367

Cited 1 times | Published

motion to determine exempt property pursuant to section 732.402(6), Florida Statutes, which provides that the

Solomon v. Dunlap

372 So. 2d 218

District Court of Appeal of Florida | Filed: Jun 29, 1979 | Docket: 1695500

Cited 1 times | Published

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

In Re: Amendments to Florida Probate Rules - 2024 Legislation

Supreme Court of Florida | Filed: Sep 5, 2024 | Docket: 69131363

Published

who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

Florida Constitution and section 732.402, Florida Statutes. Section 732.402, Florida Statutes, specifies

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

Florida Constitution and section 732.402, Florida Statutes. Section 732.402, Florida Statutes, specifies

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Feb 18, 2021 | Docket: 59299022

Published

who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived

In Re: Amendments to the Florida Probate Rules - 2020 Fast-Track Report

Supreme Court of Florida | Filed: Dec 31, 2020 | Docket: 27333564

Published

who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

who may be entitled to exempt property under section 732.402, Florida Statutes, will be deemed to have waived

Martini v. Estate of Conner

113 So. 3d 147, 2013 Fla. App. LEXIS 8121, 2013 WL 2233986

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60231451

Published

of Louise B. Conner, Ms. Martini’s mother. See § 732.402, Fla. Stat. (2011); Fla. Prob. R. 5.406. We have

In Re Amend. to Florida Probate Rules

986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1426902

Published

Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla

In re Amendments to the Florida Probate Rules

912 So. 2d 1178, 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258

Supreme Court of Florida | Filed: Sep 29, 2005 | Docket: 64840686

Published

Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla

Amendments to the Florida Probate Rules

848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Supreme Court of Florida | Filed: Jun 19, 2003 | Docket: 64823856

Published

Stat. Time of election; extensions; withdrawal. § 732.402, Fla. Stat. Exempt property. § 732.801(5), Fla

Corbin v. Sherman

645 So. 2d 39, 1994 Fla. App. LEXIS 10398

District Court of Appeal of Florida | Filed: Oct 24, 1994 | Docket: 64752152

Published

petition to determine exempt property pursuant to section 732.402, Florida Statutes. The trial judge determined

In Re Estate of Corbin

645 So. 2d 39, 1994 WL 577384

District Court of Appeal of Florida | Filed: Oct 24, 1994 | Docket: 1654486

Published

petition to determine exempt property pursuant to section 732.402, Florida Statutes. The trial judge determined

In re Amendments to the Florida Probate Rules

607 So. 2d 1306, 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 64671175

Published

and Resection 732.-402, Florida Statutes. Section 732.402, Florida Statutes, specifies the time within

In re the Estate of Corbin

603 So. 2d 127, 1992 Fla. App. LEXIS 8538, 1992 WL 191174

District Court of Appeal of Florida | Filed: Aug 7, 1992 | Docket: 64669224

Published

whether the term “automobiles” as used in section 732.-402(2)(b), Florida Statutes (1991), includes a

Paredes v. McLucas

561 So. 2d 439, 1990 Fla. App. LEXIS 3490, 1990 WL 64114

District Court of Appeal of Florida | Filed: May 17, 1990 | Docket: 64650667

Published

situations section 732.402 property is exempt. That examination begins and ends in section 732.402(3), which

Grant v. Norris

558 So. 2d 208, 1990 Fla. App. LEXIS 1884, 1990 WL 31733

District Court of Appeal of Florida | Filed: Mar 23, 1990 | Docket: 64648813

Published

“exempt property” provision in the probate code. § 732.402, Fla.Stat. (1987). The exempt property statute

In re Estate of Dubin

536 So. 2d 1186, 14 Fla. L. Weekly 173, 1989 Fla. App. LEXIS 81, 1989 WL 622

District Court of Appeal of Florida | Filed: Jan 11, 1989 | Docket: 64639641

Published

petition to set aside exempt property pursuant to section 732.-402(6), Florida Statutes (1985). According*1187ly

Florida Bar

537 So. 2d 500, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64640022

Published

107 Escheat. F.S. 732.212 Time of election. F.S. 732.402 Exempt property. F.S. 732.801(5) Disclaimer

Florida Bar

531 So. 2d 1261, 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64637451

Published

107 Escheat. F.S. 732.212 Time of election. F.S. 732.402 Exempt property. F.S. 732.801(5) Disclaimer

Killings ex rel. Burks v. Estate of Burks

473 So. 2d 827, 10 Fla. L. Weekly 1908, 1985 Fla. App. LEXIS 15192

District Court of Appeal of Florida | Filed: Aug 9, 1985 | Docket: 64613522

Published

376.86 funeral bill. Killings maintains that Section 732.402, Florida Statutes, supplements Article X, Section

Florida Bar re Amendment to Rules

458 So. 2d 1079, 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390

Supreme Court of Florida | Filed: Sep 13, 1984 | Docket: 64608151

Published

Constitution and F.S. 732.402. Rule History 1984 Revision: New rule. Statutory References F.S. 732.402 Exempt property