The Comprehensive Guide to Probate, Trusts, Estate Planning, and Inheritance Litigation

Exempt Property Under Florida Probate Code

The Florida Probate Code provides that the surviving spouse, or if there is no surviving spouse, the children, may have a right to receive a share of the estate free from creditors.  This share is known as exempt property under the Florida Probate Code.  The exempt property statute is Section 732.402.

Who Is Entitled to Exempt Property?

If the decedent was a resident of Florida, certain family members may receive the exempt property.  If the decedent was married at the time of death, the surviving spouse can receive the exempt property.  If not married, the children of the decedent can receive the exempt property.

What Property Can Be Exempt Property Under the Florida Probate Code?

  • Household furnishings at the usual place of abode, valued at no more than $20,000
  • Two motor vehicles held in the decedent’s name and regularly used by the decedent and or members of the immediate family.  Each vehicle cannot weight more than 15,000 pounds.
  • Qualified tuition programs under Section 529 of the Internal Revenue Code
  • Certain types of educator death benefits

Any Additional Rules?

If the exempt property is bequeathed in a will to someone who would not be entitled to exempt property, the property goes to that person as non-exempt property.  Otherwise, the property is exempt.

How Is Exempt Property Claimed Under the Florida Probate Code?

A petition for the determination of exempt property must be filed by the later of (i) 4 months after the date of service of the notice of administration, or (ii) 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of a will or involving any other matter affecting any part of the estate subject to exempt property.  In case of doubt as to when to file, a protective exempt property election should be filed.

What is the Benefit of Exempt Property?

  • Exempt from the claims of creditors
  • Excluded from the value of the estate before residuary, intestate, or pretermitted or elective shares are determined.

Find Your Probate Star

Lawyer Locator Front End

Miami

Niuris Bezanilla

Broward County (Ft. Lauderdale)

Natasha M. Dalton

Pinellas County (Clearwater)

Matthew Weidner

Orange County (Orlando)

Philip W. Gunthert

Sarasota County

Dawn Bates-Buchanan

Hillsborough County (Tampa)

R. Todd Burbine

Marion County (Ocala)

Katina Pantazis

Palm Beach County

Nicole Quattrocchi

St. Lucie County

Romaine Brown

Collier County (Naples)

Gregory J. Nussbickel

Pasco County (Port Richey)

Matthew Weidner

Volusia County (Daytona)

Heather Caeners

Martin County (Stuart)

Jon L. Martin

Seminole County (Sanford)

Matthew Weidner

Duval County (Jacksonville)

Long H. Duong

Sumter County (The Villages)

Matthew Weidner

Polk County (Lakeland)

Lesly Vaillancourt

Manatee County

Brice Zoecklein

Osceola County (South Orlando)

Matthew Weidner

Monroe County (Key West)

Matthew Weidner

Lee County (Ft. Myers)

Scott Kuhn

Lake County (West Orlando)

Matthew Weidner

Charlotte County

Matthew Weidner

Complete Guide to Florida Probate

Opening the Probate Estate / Initial Steps
Payment of Creditors, Expenses And Beneficiaries
Florida Spousal and Family Rights
Closing the Probate Estate
Probate Litigation and Will Contests
Florida Probate Quick Guides

Complete Guide to Florida Probate

Opening the Probate Estate - Initial Steps
Payment of Creditors, Expenses And Beneficiaries
Florida Spousal and Family Rights

Find Your Florida Probate Star

Broward County (Ft. Lauderdale)

Natasha M. Dalton

Pasco County (Port Richey)

Matthew Weidner

Sarasota County

Dawn Bates-Buchanan

Palm Beach County

Nicole Quattrocchi

Duval County (Jacksonville)

Long H. Duong

St. Lucie County

Romaine Brown

Orange County (Orlando)

Philip W. Gunthert

Marion County (Ocala)

Katina Pantazis

Pinellas County (Clearwater)

Matthew Weidner

Collier County (Naples)

Gregory J. Nussbickel

Miami

Niuris Bezanilla

Hillsborough County (Tampa)

R. Todd Burbine

Volusia County (Daytona)

Heather Caeners

Martin County (Stuart)

Jon L. Martin

Lee County (Ft. Myers)

Scott Kuhn

Sumter County (The Villages)

Matthew Weidner

Polk County (Lakeland)

Lesly Vaillancourt

Manatee County

Brice Zoecklein