What it means
If the decedent was domiciled in Florida at death, the surviving spouse, or the children if there is no spouse, has the right to exempt property. (§ 732.402(1))
Exempt property consists of: household furniture, furnishings, and appliances in the decedent's usual place of abode, up to a net value of $20,000 at death; two motor vehicles of 15,000 pounds gross vehicle weight or less each, held in the decedent's name and regularly used as personal vehicles by the decedent or immediate family; all 529 qualified tuition programs, including Florida Prepaid College contracts and agreements; and benefits paid under § 112.1915 (death benefits for teachers and school administrators). (§ 732.402(2))
It is exempt from all claims against the estate except perfected security interests, and is in addition to protected homestead, statutory entitlements, and property passing under the will or by intestate succession. Property specifically or demonstratively devised is not included, though the devisee may ask the court to determine it exempt. The right is waived unless a petition is filed by the later of 4 months after service of the notice of administration or 40 days after certain proceedings about the will or estate end. (§ 732.402(3)-(6))
- Goes to the surviving spouse, or to the children if there is no spouse, when the decedent was domiciled in Florida (§ 732.402(1)).
- Includes household furniture, furnishings, and appliances up to $20,000 net value as of the date of death (§ 732.402(2)(a)).
- Includes two motor vehicles, each 15,000 pounds gross vehicle weight or less, held in the decedent's name (§ 732.402(2)(b)).
- Includes all 529 qualified tuition programs and benefits paid under § 112.1915 (§ 732.402(2)(c), (d)).
- Exempt from all claims except perfected security interests, and in addition to homestead and property passing by will or intestacy (§ 732.402(3), (4)).
- Waived unless a petition is filed by the later of 4 months after service of the notice of administration or 40 days after related proceedings end (§ 732.402(6)).
Text of the statute (2026)
(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.
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.402.
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.
How it applies
Property determined to be exempt is excluded from the value of the estate before residuary, intestate, pretermitted, or elective shares are determined (§ 732.402(7)). The right is claimed by petition, and the filing period in subsection (6) is tied to service of the notice of administration or the end of related proceedings, not to the date of death. Property that the will specifically or demonstratively devises is handled separately: a devisee who would otherwise qualify may ask the court to determine it exempt from claims after complying with subsection (6) (§ 732.402(5)).
Where this shows up
Pages on this site where § 732.402 does real work:
- Do I need probate in Florida? Which assets and estates skip it
- Florida probate timeline 2026: deadlines and steps from death to discharge
- What Florida homestead protects: tax exemption, creditor protection and inheritance rules
- Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
- Florida intestate succession: who inherits when there is no will, the spouse's share, descendants, parents, siblings and other relatives, the homestead, who is not an heir and steps to settle the estate
- Florida spousal elective share: 30 percent of the elective estate, what the elective estate includes and leaves out, the filing deadline, waiver, the court process and a worked example
- Florida personal representative duties: who can serve, a phased checklist from appointment to discharge, creditor and tax deadlines, compensation, liability, resignation and removal
- Family allowance and exempt property in Florida: amounts, eligibility and deadlines
- Disposition without administration in Florida under § 735.301: who qualifies, limits and filing steps
- Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
Questions people ask
Sources
- Fla. Stat. § 732.402 (2026), Online Sunshine / Florida Senate (Subsection (2)(a): up to a net value of $20,000 as of the date of death; subsection (6): 4 months after the date of service of the notice of administration)
- Fla. Stat. § 112.1915 (2026), Florida Senate (Section 112.1915 is titled "Teachers and school administrators; death benefits"; its subsection (3)(a) payment is exempt from creditors' claims "pursuant to s. 732.402(2)(d).")
Last checked: October 17, 2026
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