Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent. Sections 732.201-732.2155 do not affect any interest in property held, as of the decedents death, in a trust, whether revocable or irrevocable, if: The property was an asset of the trust at all times between October 1, 1999, and the date of the decedents death; The decedent was not married to the decedents surviving spouse when the property was transferred to the trust; and. 731.21 and 733.102. 74-106; s. 8, ch. For this purpose, a beneficiary of an insurance policy on the decedents life, the net cash surrender value of which is included in the elective estate, is treated as having received property included in the elective estate. AFFIDAVIT OF HEIRS For purposes of this affidavit, you must list ALL RELATIVES of the Decedent, including yourself, if applicable. For purposes of s. 732.2035, value means: If the surviving spouse receives a fee simple interest, the fair market value of the protected homestead on the date of the decedents death. The affidavit must be signed and verified by the surviving spouse, if any, and any heirs at law, except that joinder in the affidavit is not required of an heir who will receive a full intestate share under the proposed distribution of the personal property. 2001-226. You can find the Florida Probate Code in Chapters 731 through 735 of the Florida Statutes. s. 1, ch. s. 1, ch. 75-220; s. 7, ch. Except as provided in subsection (3), the personal representative shall collect contribution from the recipients of the elective estate as provided in the courts order of contribution. 74-106; s. 34, ch. A statement acknowledging that the affiant has no knowledge of the existence of any last will and testament or other document or agreement relating to the distribution of the decedents estate. 74-106; s. 10, ch. 93-62; s. 962, ch. 77-174; s. 275, ch. If a surviving spouse has apparent title to property to which ss. Trust and probate estate beneficiaries who receive a distribution of principal after the decedents death are liable in an amount equal to the value of the principal distributed to them multiplied by the contribution percentage of the distributing trust or estate. Section 8, ch. The qualified custodian of the electronic record of an electronic will may elect to destroy such record, including any of the documentation required to be created and stored under paragraph (2)(a), at any time after the earlier of the fifth anniversary of the conclusion of the administration of the estate of the testator or 20 years after the death of the testator. If the surviving spouse has an interest in a trust that does not meet the requirements of either an elective share trust or a qualifying special needs trust, the value of the spouses interest is the transfer tax value of the interest on the applicable valuation date; however, the aggregate value of all of the spouses interests in the trust shall not exceed one-half of the value of the trust principal on the applicable valuation date. Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance. Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage. Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled. The decedents one-half of that property is not in the elective estate. Qualifying power of appointment means a general power of appointment that is exercisable alone and in all events by the decedents spouse in favor of the spouse or the spouses estate. 74-106; s. 39, ch. 77-174; s. 14, ch. 77-174; s. 2, ch. s. 1, ch. deceased. The personal representative shall not be liable for failure to attempt collection if the attempt would have been economically impracticable. : Section: AFFIDAVIT OF HEIRS 1. Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. If a surviving spouse or descendant of the decedent requests a copy of the affidavit during such time, the financial institution may provide a copy of the affidavit to the requesting surviving spouse or descendant of the decedent. Share of other heirs. A qualified custodian may not terminate or suspend access to, or downloads of, the electronic will by the testator, provided that a qualified custodian may charge a fee for providing such access and downloads. The decedents one-half of the property to which ss. This subsection does not apply if, subsequent to the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by 1 year. In the case of amounts payable to the surviving spouse under any plan or arrangement described in s. 732.2035(8), the date of the decedents death. SECTION 103. View Entire Chapter. 74-106; s. 112, ch. A joint tenant who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against another joint tenant decedent thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedents sole property and as if the abuser, neglector, exploiter, or killer has no rights by survivorship. For purposes of this subsection, value is determined on the applicable valuation date as defined in s. 732.2095(1)(a). For purposes of this subsection, a protected charitable lead interest is a protected charitable interest as defined in subsection (2) in which one or more deductible interests in charity precede some other nondeductible interest or interests in the property. The election must be made by filing a notice of election containing the legal description of the homestead property for recording in the official record books of the county or counties where the homestead property is located. Notice shall be effective when given, except that notice to a financial institution or insurance company is not effective until 5 business days after being given. That another person has subscribed the testators name to it. 2007-74; s. 2, ch. 2001-226; s. 10, ch. Affiant is a secondary beneficiary as that term is defined in Section 732.703, Florida Statutes. A surviving spouse who is found to have procured a marriage to the decedent by fraud, duress, or undue influence is not entitled to any of the following rights or benefits that inure solely by virtue of the marriage or the persons status as surviving spouse of the decedent unless the decedent and the surviving spouse voluntarily cohabited as husband and wife with full knowledge of the facts constituting the fraud, duress, or undue influence or both spouses otherwise subsequently ratified the marriage: Any rights or benefits under the Florida Probate Code, including, but not limited to, entitlement to elective share or family allowance; preference in appointment as personal representative; inheritance by intestacy, homestead, or exempt property; or inheritance as a pretermitted spouse. s. 1, ch. To the extent they are not deducted under paragraph (a), all mortgages, liens, or security interests on the property. PROBATE CODE: INTESTATE SUCCESSION AND WILLS, ELECTIVE SHARE OF SURVIVING SPOUSE; RIGHTS IN COMMUNITY, CONTRACTUAL ARRANGEMENTS RELATING TO DEATH. You can avoid this necessity by executing a will. Upon the request of the testator which is made in writing signed with the formalities required for the execution of a will in this state, a qualified custodian who at any time maintains custody of the electronic record of the testators electronic will must cease serving in such capacity and must deliver to a successor qualified custodian designated in writing by the testator the electronic record containing the electronic will and the affidavit required in subparagraph (4)(b)3. 2001-226; s. 8, ch. 74-106; ss. A waiver of elective share rights before the effective date of this section which is otherwise in compliance with the requirements of s. 732.702 is a waiver of all rights under ss. Any immunity from the presumption of undue influence that a surviving spouse may have under state law. 79-400. (Print, type, or stamp commissioned name and affix official seal). A debt owed to the decedent shall not be charged against the intestate share of any person except the debtor. It is the intent of the Legislature that this section clarify existing law. Affidavit of Heirs. s. 1, ch. Although a property interest is included in the decedents elective estate under s. 732.2035(3)-(9), a payor or other third party is not liable for paying, distributing, or transferring the property to a beneficiary designated in a governing instrument, or for taking any other action in good faith reliance on the validity of a governing instrument. In either event, the application must show that the decedent was not indebted, that provision has been made for the payment of the decedents debts, or that the entire estate is exempt from the claims of creditors under the constitution and statutes of the state, and that no administration of the estate, including summary administration, has been initiated and that none is planned, to the knowledge of the applicant. 2001-226. If you do not have an Affidavit of Heirs, your estate may not receive its fair share of the inheritance. In determining the amount of the remaining unsatisfied balance, the effect, if any, of any change caused by the operation of this subsection in the value of the spouses beneficial interests in property described in paragraphs (1)(a) and (b) shall be taken into account, including, if necessary, further recalculations of the value of those beneficial interests. Affiant is a primary beneficiary as that term is defined in Section 732.703, Florida Statutes. As used in ss. 2006-134; s. 5, ch. The rights and remedies granted in this section are in addition to any other rights or remedies a person may have at law or in equity. s. 1, ch. When awarding taxable costs and attorneys fees, the court may direct payment from a partys interest, if any, in the estate, or enter a judgment that may be satisfied from other property of the party, or both. 75-220; s. 51, ch. Property interests that would have satisfied the elective share under any preceding paragraph of this subsection but were disclaimed. 2007-74; s. 3, ch. s. 1, ch. When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and the other part of the half blood, those of the half blood shall inherit only half as much as those of the whole blood; but if all are of the half blood they shall have whole parts. In determining whether ss. If, after the application of subsections (1), (2), and (3), the elective share is not fully satisfied, any remaining unsatisfied balance shall be satisfied from direct recipients of protected charitable lead interests, but only to the extent and at such times that contribution is permitted without disqualifying the charitable interest in that property for a deduction under the United States gift tax laws. A general residuary clause in a will, or a will making general disposition of all the testators property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to include the property subject to the power. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death. If, after the order of contribution, the personal representative brings an action to collect contribution from property not within the personal representatives control, the judgment shall include the personal representatives costs and reasonable attorneys fees. Disposition of Personal Property Without Administration Instructions. This section does not apply to property that the decedent owned in tenancy by the entireties or in joint tenancy with rights of survivorship. To the extent paid to or for the benefit of the surviving spouse, the proceeds of any term or other policy of insurance on the decedents life if, at the time of decedents death, the policy was owned by any person other than the surviving spouse. 2001-226. Any insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless more than 2 business days before payment it receives at its home office or principal address written notice, or in the case of a financial institution it receives notice in accordance with s. 655.0201, of a claim under this section. The acknowledgment of the electronic will by the testator and the affidavits of the witnesses are made in accordance with s. 732.503 and are part of the electronic record containing the electronic will, or are attached to, or are logically associated with, the electronic will; The electronic will designates a qualified custodian; The electronic record that contains the electronic will is held in the custody of a qualified custodian at all times before being offered to the court for probate; and. 75-220; s. 10, ch. The family allowance is not chargeable against any benefit or share otherwise passing to the surviving spouse or to the dependent lineal heirs, unless the will otherwise provides. 79-400; s. 44, ch. Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents. s. 1, ch. An entire revocation of the trust by an instrument in writing before the testators death shall invalidate the devise or bequest. Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorneys fees as an element of costs. The transfer of an interest in homestead property described in subsection (1) may not be treated as a devise of that interest even if: The transferor retains a separate legal or equitable interest in the homestead property, directly or indirectly through a trust or other arrangement such as a term of years, life estate, reversion, possibility of reverter, or fractional fee interest; The interest transferred does not become a possessory interest until a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, the death of the transferor; or. 2001-226. A surviving person who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against the decedent or another person on whose death such beneficiarys interest depends is not entitled to any benefits under the will of the decedent or the Florida Probate Code, and the estate of the decedent passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. Affiant and Decedent were married on (type or print the date of marriage), and were legally married to one another on the date of the Decedents death. 2001-180; s. 39, ch. 732.301 and 732.302, regardless of the prior will. 75-220; s. 55, ch. 2009-115; s. 3, ch. 732.2035 and 732.2075, to the person who would have been entitled to it were that section or part of that section not preempted. ESTATES AND TRUSTS. That portion of property, other than property described in subsection (2), subsection (4), subsection (5), or subsection (8), transferred by the decedent to the extent that at the time of the decedents death: The decedent possessed the right to, or in fact enjoyed the possession or use of, the income or principal of the property; or. s. 1, ch. 74-106; s. 19, ch. Death certificate means a certified copy of a death certificate issued by an official or agency for the place where the decedents death occurred. 75-220; s. 37, ch. If the spouse takes a life estate as provided in s. 732.401(1), or validly elects to take an undivided one-half interest as a tenant in common as provided in s. 732.401(2), one-half of the fair market value of the protected homestead on the date of the decedents death. The court shall determine the elective share and contribution. To the extent that controlling federal law provides otherwise; If the governing instrument is signed by the decedent, or on behalf of the decedent, after the order of dissolution or order declaring the marriage invalid and such governing instrument expressly provides that benefits will be payable to the decedents former spouse; To the extent a will or trust governs the disposition of the assets and s. 732.507(2) or s. 736.1105 applies; If the order of dissolution or order declaring the marriage invalid requires that the decedent acquire or maintain the asset for the benefit of a former spouse or children of the marriage, payable upon the death of the decedent either outright or in trust, only if other assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist upon the death of the decedent; If, under the terms of the order of dissolution or order declaring the marriage invalid, the decedent could not have unilaterally terminated or modified the ownership of the asset, or its disposition upon the death of the decedent; If the designation of the decedents former spouse as a beneficiary is irrevocable under applicable law; If the governing instrument is governed by the laws of a state other than this state; To an asset held in two or more names as to which the death of one co-owner vests ownership of the asset in the surviving co-owner or co-owners; If the decedent remarries the person whose interest would otherwise have been revoked under this section and the decedent and that person are married to one another at the time of the decedents death; or. The principal of the property could, in the discretion of any person other than the spouse of the decedent, be distributed or appointed to or for the benefit of the decedent. Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment. 2017-121. During the spouses life, no person other than the spouse has the power to distribute income or principal to anyone other than the spouse. 2003-154; s. 33, ch. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. 75-220; s. 10, ch. Before issuance of letters, any person may carry out written instructions of the decedent relating to the decedents body and funeral and burial arrangements. If property within the possession or control of the personal representative is distributable to a beneficiary or trustee who is required to contribute in satisfaction of the elective share, the personal representative shall withhold from the distribution the contribution required of the beneficiary or trustee. 79-400; s. 52, ch. The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805. The allowance shall not exceed a total of $18,000. For purposes of this subparagraph, the term annual exclusion amount means the amount of one annual exclusion under s. 2503(b) or (c) of the Internal Revenue Code, as amended. as identification, and sworn to and subscribed before me by each of the following witnesses: (type or print name of first witness) who is personally known to me or has produced (state type of identificationsee s. 2009-115; s. 81, ch. Eighty percent if the trust instrument includes a qualifying invasion power but no qualifying power of appointment. The election must be made within 6 months after the decedents death and during the surviving spouses lifetime. A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness. Maintain a liability insurance policy that covers any losses sustained by any person who stores electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs which are caused by errors or omissions by the qualified custodian and each agent or employee of the qualified custodian. Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedents estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property. Acknowledgments of the electronic wills by testators, affidavits of the witnesses, and the records described in s. 117.245(1) and (2) which pertain to the online notarization. 2001-226; s. 12, ch. Unfortunately, Florida does not have a small estate affidavit process, with one exception, which means the family will more than likely need to consult a probate attorney to help gain control of the assets. Employee benefit plan means any funded or unfunded plan, program, or fund established by an employer to provide an employees beneficiaries with benefits that may be payable on the employees death. If ratification of the marriage is raised as a defense, the surviving spouse has the burden of establishing, by a preponderance of the evidence, the subsequent ratification by both spouses. Primary beneficiary means a beneficiary designated under the governing instrument to receive an interest in an asset upon the death of the decedent who is not a secondary beneficiary. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA.
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