Florida Exempt Property: What Surviving Spouses Can Claim

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 Motor Vehicles:

• Up to two motor vehicles held in the decedent's name
• Regularly used by the decedent or immediate family as their personal vehicles
• Each must weigh 15,000 pounds gross vehicle weight or less (F.S. 732.402(2)(b))
• No dollar limit applies to the vehicles

Qualified Tuition Programs and Certain Benefits:

• All section 529 qualified tuition programs, including Florida Prepaid College plans (F.S. 732.402(2)(c))
• All benefits paid under s. 112.1915 (F.S. 732.402(2)(d))

Value Limit: $20,000 for Household Items Only

The $20,000 limit applies to household furniture, furnishings, and appliances, measured by net value (F.S. 732.402(2)(a)). The two vehicles and the tuition programs have no dollar limit.

How the Household Limit Is Calculated:

• Fair market value of the furniture, furnishings, and appliances
• Minus any outstanding liens on those items
• Net value capped at $20,000

Quick example:

• Household furniture: $14,000
• Appliances: $9,000
• Two family cars worth $7,000 and $15,000
• Result: the spouse can claim $20,000 of the household items, and both cars, because the cars are not counted toward the $20,000

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

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.

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

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 vehicle does not count toward the $20,000 household-items limit

Review the decedent's personal property to identify:

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

Determine fair market value of claimed items:

• Use resale or estate sale values (not replacement cost)
• Subtract any liens or loans
• Household furniture, furnishings, and appliances must not exceed $20,000 net; vehicles have no dollar limit

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

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 claims apply even in small estates:

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

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

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)

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.

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

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

Exempt property transfers are:

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

Related Florida Guides

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

Sources

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. It is not legal advice.