What it means
Some property is set aside for the family before creditors and general devisees touch the estate. Under §732.402 the surviving spouse — or the children if there's no spouse — takes, as exempt property: household furniture, furnishings, and appliances up to a net value of $20,000 as of the date of death; two motor vehicles the decedent regularly drove (each under 15,000 pounds); all Florida-Prepaid-style 529 tuition plans; and certain teacher death benefits.
Exempt property is on top of homestead, the statutory allowances, and the elective share, and it's shielded from most creditor claims. Property specifically devised by the will is excluded.
- Goes to the surviving spouse, or to the decedent's children if there is no spouse.
- Household furniture, furnishings, and appliances up to $20,000 net value as of the date of death.
- Two motor vehicles the decedent regularly used, each under 15,000 pounds gross weight.
- All qualified 529 tuition programs and certain s. 112.1915 death benefits.
- Exempt property is in addition to homestead, statutory allowances, and the elective share, and is protected from most claims.
- Property specifically or demonstratively devised by the will does not count as exempt property.
How it plays out
Exempt property is quiet money that families routinely leave on the table. The two cars and the $20,000 in furnishings pass to the spouse or children ahead of creditors — but the right has to be claimed, and there's a deadline tied to when the estate is served. We flag it early in every administration with a surviving spouse or minor children, because in a modest estate the exempt-property and family-allowance carve-outs can be most of what the family actually keeps.
Where this shows up
Pages on this site where § 732.402 does real work:
Questions people ask
