Florida Exempt Property: What Surviving Spouses Can Claim

Florida law gives surviving spouses and certain heirs the right to claim household furnishings, appliances, and vehicles from the estate before creditors or other beneficiaries take anything. Florida Statutes Section 732.402 caps this exemption at $20,000 worth of specific personal property, and most creditors cannot touch it.

This guide covers what qualifies as exempt property, who can claim it, and how the exemption works in Florida probate.

What Is Florida Exempt Property?

The exempt property allowance is a statutory protection that sets aside certain personal property for the surviving spouse and heirs. Florida lawmakers created this rule because family members need basic household items, no matter what debts the estate owes or what the will says.

What Qualifies as Exempt Property

Under Florida law, exempt property includes:

Household Furniture, Furnishings, and Appliances:

• Living room and bedroom furniture
• Kitchen appliances (refrigerator, stove, dishwasher)
• Washer and dryer
• Electronics (TV, computer)
• Home decor items
• Linens and bedding

Two Automobiles:

• Up to two motor vehicles the decedent or immediate family used regularly
• Includes cars, trucks, SUVs, motorcycles
• Must have been used as regular transportation

Value Limit: $20,000

The total value of exempt property cannot exceed $20,000 (net of liens).

How Value Is Calculated:

• Fair market value of items
• Minus any outstanding liens or loans
• Total net value capped at $20,000

Quick example:

• Household furniture: $8,000
• Appliances: $3,000
• Vehicle 1 (no loan): $7,000
• Vehicle 2 (worth $15,000, loan of $10,000): $5,000 net
• Total: $23,000 The spouse can only claim $20,000 worth

Who Can Claim Exempt Property?

First in Line: Surviving Spouse and Children

Surviving Spouse: The surviving spouse gets first priority to claim exempt property, regardless of:

• What the will says
• Whether the spouse is a beneficiary
• The spouse's financial situation

Children (If No Surviving Spouse): If there is no surviving spouse, the decedent's children may claim exempt property.

Priority Order

1. Surviving spouse receives first claim
2. If no surviving spouse, lineal descendants share the exemption
3. If neither exist, the exemption is not available

Shared Claim

If there is both a surviving spouse and children, the spouse typically has priority. But children who depended on the decedent may have additional rights under the family allowance.

How Exempt Property Differs from Homestead

Florida has two distinct property protections that people often confuse. Here is the breakdown.

Both protections can apply to the same Florida estate at the same time.

Priority of Exempt Property Claims

Exempt property is protected from most creditors. Under Florida's payment priority system:

Protected From:

• Credit card debt
• Personal loans
• Medical bills
• Most unsecured creditors

NOT Protected From:

• Valid liens on the specific property (car loans, furniture financing)
• Properly perfected security interests
• Property that serves as collateral for a debt

Car with a Loan: How It Works

If the decedent owned a car worth $25,000 with a $15,000 loan:

• The net value is $10,000
• The surviving spouse can claim the car as exempt property
• But must assume or pay off the loan to keep the car
• The $10,000 net counts toward the $20,000 exemption limit

How to Claim Exempt Property

Step 1: Identify Qualifying Property

Review the decedent's personal property to identify:

• Household furniture and furnishings
• Appliances in the home
• Vehicles regularly used by family
• Approximate values

Step 2: File Petition (If Necessary)

In many cases, the personal representative simply sets aside exempt property for the surviving spouse. If there's a dispute or the estate is complex, you may need to file a formal petition with the probate court.

Step 3: Valuation

Determine fair market value of claimed items:

• Use resale or estate sale values (not replacement cost)
• Subtract any liens or loans
• Total must not exceed $20,000

Step 4: Court Order (If Contested)

If creditors or other parties object, the court may:

• Hold a hearing on the claim
• Determine which property qualifies
• Issue an order allocating exempt property

Step 5: Transfer of Title

For vehicles, the surviving spouse will need to transfer title:

• File with Florida DHSMV
• Provide death certificate and court order (if applicable)
• Pay applicable fees

Exempt Property in Different Situations

Small Estates

Exempt property claims apply even in small estates:

• Available in summary administration
• Does not require formal administration
• Can be claimed regardless of estate size

Insolvent Estates

When estate debts exceed assets:

• Exempt property is still protected
• Surviving spouse receives qualifying property before creditors
• Can be claimed even when estate cannot pay all debts

Testate vs. Intestate

The exempt property right exists whether or not there is a will:

• With a Will: Exempt property goes to spouse even if will says otherwise
• Without a Will: Exempt property goes to spouse (or children if no spouse)

Second Marriages

In second marriage situations:

• Current surviving spouse has exempt property rights
• Children from prior marriage do not have priority over current spouse
• This can create conflicts when furniture or vehicles were intended for children

Exempt Property vs. Other Spousal Rights

The surviving spouse in Florida has multiple protections:

These rights stack. A surviving spouse can claim all of them.

Waiving Exempt Property Rights

Prenuptial/Postnuptial Agreements

Exempt property rights can be waived in a valid marital agreement. Requirements:

• Written agreement
• Full financial disclosure
• Voluntary execution
• Clear language waiving the specific right

Voluntary Waiver

A surviving spouse can choose not to claim exempt property:

• To allow items to pass under the will
• To benefit children or other heirs
• When the spouse has no need for the items

Tax Implications

Exempt property transfers are:

• Not taxable income to the recipient
• Not subject to gift tax
• May affect step-up in basis calculations

The property receives a stepped-up basis to fair market value at death.

Frequently Asked Questions

Can creditors take exempt property?

In most cases, no. Exempt property is protected from most unsecured creditors. But if specific property secures a debt (like a car loan), the creditor can still enforce that lien.

What if exempt property is worth more than $20,000?

The surviving spouse can claim up to $20,000 worth. The remainder becomes part of the estate and passes under the will or intestacy laws.

Can the personal representative sell exempt property?

Not without the surviving spouse's consent. Exempt property belongs to the spouse (or heirs) and should not be sold as part of estate administration.

Does jewelry count as exempt property?

Jewelry is not specifically listed in the statute. Personal property that is part of household furnishings may qualify. Expensive jewelry collections typically do not qualify as "household furnishings."

What about family heirlooms?

Family heirlooms may or may not qualify, depending on whether they fit the statutory categories (household furniture, furnishings, appliances, or vehicles). Art collections or antiques may not qualify.

Can children claim exempt property if the spouse is alive?

No. The surviving spouse has first priority. Children can only claim exempt property if there is no surviving spouse.

How are multiple vehicles handled?

Up to two automobiles can be claimed, regardless of which spouse's name is on the title. The vehicles must have been regularly used by the decedent or immediate family.

Related Florida Guides

• Florida Surviving Spouse Rights
• Florida Family Allowance
• Florida Homestead Exemption
• Florida Probate Guide
• Florida Intestate Succession

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Last Updated: January 2026. This guide provides general information about Florida exempt property rights. Consult with a Florida probate attorney for advice specific to your situation.