What Exempt Property Does a Surviving Spouse Receive in Florida?

Section 732.402(2) lists the categories. They include household furniture, furnishings, and appliances in the decedent's usual residence up to a net value of $20,000, and up to two motor vehicles that do not exceed 15,000 pounds gross vehicle weight and were regularly used by the decedent or immediate family members. Qualified tuition program accounts under section 529 of the Internal Revenue Code and certain benefits paid under section 112.1915 are also included.

Property specifically or demonstratively devised by the will is not included in exempt property. A devisee who would otherwise be entitled to that property as exempt property may still ask the court to determine it exempt from claims, except perfected security interests.

Exempt property is not automatic. Under section 732.402(6), a petition to determine exempt property must be filed by the later of 4 months after service of the notice of administration or 40 days after the termination of any proceeding involving the construction, admission to probate, or validity of the will or any other matter affecting any part of the estate subject to the section. If no petition is filed in time, the right is considered waived.

Exempt property is excluded from the value of the estate before residuary, intestate, pretermitted, or elective shares are determined. It is one of several categories discussed in which assets are exempt from probate in Florida.