If the decedent lived in Florida, the surviving spouse, or if none, the decedent’s children, may claim certain property as “exempt property” (§ 732.402):
- household furniture, furnishings, and appliances in the decedent’s home, up to a net value of $20,000;
- up to two motor vehicles (each 15,000 pounds or less) in the decedent’s name and regularly used by the decedent or the immediate family;
- all 529 college savings plans, including Florida Prepaid accounts; and
- death benefits paid under Florida’s statute for teachers and school administrators killed by violence connected with their work (§ 112.1915).
Exempt property is protected from estate creditors, except lenders with perfected security interests, and comes in addition to the homestead and what the will or intestacy gives. It must be claimed by petition on time.
The deadline
The right is waived unless a petition to determine exempt property is filed by the later of four months after the claimant is served with the notice of administration, or 40 days after any proceeding over the will’s validity, construction, or other matter affecting the exempt property ends (§ 732.402, § 733.212).
How it fits with other rights
- Exempt property is in addition to protected homestead, the family allowance, and the claimant’s share under the will or intestacy (§ 732.402).
- It is excluded from the estate’s value before residuary, intestate, pretermitted, or elective shares are calculated, which can affect other beneficiaries.
- The family allowance, up to $18,000 during administration for the spouse and dependent lineal heirs, is a separate right (§ 732.403).
Specific gifts in the will
Property the will specifically gives to someone cannot also be claimed as exempt property by someone else. But if the person who would be entitled to it as exempt property is also the one it was left to, that person can ask the court to declare it exempt from creditors (§ 732.402(5)).
What changes the answer
- Whether the decedent was domiciled in Florida
- Whether there is a surviving spouse (if so, the children have no exempt-property right)
- Whether a car is subject to a loan, which survives as a perfected security interest
- Whether the will specifically gives the property to someone
An example
A widow dies in Florida with two adult children, a paid-off car, household furniture worth about $8,000, and a credit card debt larger than her bank account. Her children file a petition for exempt property within four months after they were served with the notice of administration. The court determines the car and furniture exempt, so they pass to the children free of the credit card claim.
Common mistakes
- Missing the deadline, which waives the right
- Assuming a car with a loan is free and clear
- Not realizing children have no claim if a spouse survives
- Selling the furniture or car before the claim is decided
What to gather
- Vehicle titles and any loan statements
- A reasonable estimate of the furniture’s value
- Any 529 or Florida Prepaid account statements
- The date the notice of administration was served on you
Next step
If you may be entitled to exempt property, calendar the four-month deadline from the date you were served with the notice of administration, and ask the personal representative not to sell those items until the petition is decided.
Related guidance
- What does a surviving spouse inherit?
- Do beneficiaries inherit estate debts?
- How do I transfer a deceased person’s vehicle?
- Formal administration
Sources: Florida Statutes § 112.1915, § 732.402, § 732.403, and § 733.212 (2026). Checked on October 23, 2026.