A new Florida law (House Bill 923) protecting a surviving spouse’s property rights at death became effective on June 13, 2024. A surviving spouse is no longer required to file a creditor claim to assert ownership rights in property subject to the Florida Uniform Disposition of Community Property Rights at Death Act (“Act”).
In the case of disputed property ownership rights arising under the Act, a declaratory action must be filed within 2 years from the date of death of the first spouse. Failure to file declaratory action by the deadline may result in forfeiture of important property ownership rights under the Act. There were a number of other important changes to the Florida probate code made in House Bill 923.
Married couples moving to Florida who previously resided in a community property jurisdiction should consult with an attorney regarding the impact of this new law on their estate planning and any pending estate administration. In this video, Anthony explains what this new bill means for families and couples moving to Florida.
