2001-226. 2001-226; s. 12, ch. 2002-1. 3. Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment. This section does not apply to property that the decedent owned in tenancy by the entireties or in joint tenancy with rights of survivorship. 75-220; s. 14, ch. 2020-2. 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. 2007-74; s. 5, ch. No consideration other than the execution of the agreement, contract, or waiver shall be necessary to its validity, whether executed before or after marriage. 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. The contestant has the burden of establishing, by a preponderance of the evidence, that the marriage was procured by fraud, duress, or undue influence. Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will. 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 order of summary administration and distribution so entered shall have the following effect: Those to whom specified parts of the decedents estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them. An Affidavit of Heirs is to be used when the decedent died without a will. 2001-226. If affiant is not the surviving spouse, affiant is the surviving spouses attorney in fact or guardian of the property, and an order has been rendered by a court having jurisdiction of the real property authorizing the undersigned to make this election. This subsection does not apply to a transfer that is revocable by the decedent only with the consent of all persons having a beneficial interest in the property. s. 1, ch. Any person who has obtained an order of summary administration may publish a notice to creditors according to the relevant requirements of s. 733.2121, notifying all persons having claims or demands against the estate of the decedent that an order of summary administration has been entered by the court. Any transfer of property to the extent not otherwise included in the elective estate, made to or for the benefit of any person, except: Any transfer of property for medical or educational expenses to the extent it qualifies for exclusion from the United States gift tax under s. 2503(e) of the Internal Revenue Code, as amended; and. 2001-226; s. 29, ch. s. 2, ch. For purposes of this subsection, fair market value shall be calculated by deducting from the total value of the property all mortgages, liens, and security interests to which the protected homestead is subject and for which the decedent is liable, but only to the extent that such amount is not otherwise deducted as a claim paid or payable from the elective estate. Devises and appointments in trust, including to a testamentary trust, are subject to s. 736.1106. s. 1, ch. The court shall determine the elective share and contribution. 74-106; s. 113, ch. must be in the presence of at least two attesting witnesses. 2011-183. Time of election; extensions; withdrawal. If the debtor does not survive the decedent, the debt shall not be taken into account in computing the intestate share of the debtors heirs. The affiant requests full payment from the financial institution. Perfection of title of personal representative or beneficiary. 77-174; s. 268, ch. Laura E. Roth Clerk of Circuit Court P.O. 75-220; s. 1, ch. (f)The payment of the funds constitutes a full release and discharge of the financial institution regarding the amount paid. Any contract, agreement, or waiver 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 it was executed, whether or not he or she is a Florida resident at the time of death. If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate. The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title XLII. (4) The family member may use an affidavit in substantially the following form to fulfill the requirements of subsection (3): AFFIDAVIT UNDER SECTION 735.303, FLORIDA STATUTES, TO OBTAIN BANK PROPERTY OF DECEASED ACCOUNT HOLDER: (Name of decedent) State of . Created from former ss. s. 15, ch. (Signature of Notary Public - State of Florida), (Print, Type, or Stamp Commissioned Name of Notary Public), My commission expires: (date of expiration of commission). This subsection does not invalidate a provision of a will: Executed by the testator after the dissolution of the marriage; If there is a specific intention to the contrary stated in the will; or. s. 1, ch. 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. Probate estate means all property wherever located that is subject to estate administration in any state of the United States or in the District of Columbia. Modification to achieve testators tax objectives. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61. For purposes of the execution or filing of an electronic will, the acknowledgment of an electronic will by the testator and the affidavits of witnesses under s. 732.503, or any other instrument under the Florida Probate Code: Any requirement that an instrument be signed may be satisfied by an electronic signature. In addition to any of the fees that may be awarded under subsections (1) and (2), if the personal representative does not file a petition to determine the amount of the elective share as required by the Florida Probate Rules, the electing spouse or the attorney in fact, guardian of the property, or personal representative of the electing spouse may be awarded from the estate reasonable costs, including attorney fees, incurred in connection with the preparation and filing of the petition. A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedents will offered for probate. Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the distribution under this section may enforce all rights in appropriate proceedings against those who signed the affidavit or received distribution of personal property and, if successful, shall be awarded costs including reasonable attorney fees as in chancery actions. Because the only res of the trust is the possible expectancy of receiving, as a named beneficiary, a devise under a will or death benefits as described in s. 733.808, and even though the testator or other person has reserved any or all rights of ownership in the death benefit policy, contract, or plan, including the right to change the beneficiary. Except as provided in this act, a qualified custodian must at all times keep information provided by the testator confidential and may not disclose such information to any third party. 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. 74-106; s. 13, ch. A qualified custodian must provide a paper copy of an electronic will and the electronic record containing the electronic will to the testator immediately upon request. This section does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section. For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parents family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parents family or any prior adoptive parents family, except that: Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parents family. This subsection does not create an inference that a power not described in this subsection is a power to revoke or revest an interest in the transferor. 74-106; s. 43, ch. 77-174; s. 1, ch. A surviving parent of the decedent, and the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. An individual or class member who was deceased at the time the testator executed his or her will as well as an individual or class member who was then living but who failed to survive the testator. s. 1, ch. An action to contest the validity of all or part of a will or the revocation of all or part of a will may not be commenced before the death of the testator. Payment to successor without court proceedings. 2. deceased. 75-220; s. 13, ch. (2) Name Of Deceased. 75-220; s. 48, ch. 99-343. 75-220; s. 4, ch. 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. The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part. Sections 732.201-732.2155 do not affect any interest in contracts entered into for adequate consideration in money or moneys worth before October 1, 1999, to the extent that the contract was irrevocable at all times from October 1, 1999, until the date of the decedents death. If the petition is timely filed, the time for making the election shall be extended for at least 30 days after the rendition of the order allowing the election. Liability of direct recipients and beneficiaries. If the owner of homestead property transfers an interest in that property, including a transfer in trust, with or without consideration, to one or more persons during the owners lifetime, the transfer is not a devise for purposes of s. 731.201(10) or s. 732.4015, and the interest transferred does not descend as provided in s. 732.401 if the transferor fails to retain a power, held in any capacity, acting alone or in conjunction with any other person, to revoke or revest that interest in the transferor. If the surviving spouse brings an action to enforce the order, the judgment shall include the surviving spouses costs and reasonable attorneys fees. Any requirement that individuals sign an instrument in the presence of one another may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology that meets the requirements of part II of chapter 117 and any rules adopted thereunder, if: The individuals are supervised by a notary public in accordance with s. 117.285; The individuals are authenticated and signing as part of an online notarization session in accordance with s. 117.265; The witness hears the signer make a statement acknowledging that the signer has signed the electronic record; and. The property was a nonmarital asset as defined in s. 61.075 immediately prior to the decedents death. A class member if the devise is in the form of a class gift. If there is more than one trust to which this subsection could apply, unless otherwise provided in the decedents will or, in the absence of a provision in the decedents will, in a trust referred to in the decedents will, the unsatisfied balance shall be apportioned pro rata to all such trusts in proportion to the value, as determined under s. 732.2095(2)(f), of the surviving spouses beneficial interests in the trusts. The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805. If none of the foregoing, and if any of the descendants of the decedents great-grandparents were Holocaust victims as defined in s. 626.9543(3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. 4. The decedent had a contingent right to receive principal, other than at the discretion of any person, which contingency was beyond the control of the decedent and which had not in fact occurred at the decedents death. 2010-132. This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Property which constitutes the protected homestead of the decedent if the surviving spouse validly waived his or her homestead rights as provided under s. 732.702, or otherwise under applicable law, and such spouse did not receive any interest in the protected homestead upon the decedents death. Any amount of the elective share not satisfied within 2 years of the date of death of the decedent shall bear interest at the statutory rate until fully satisfied, even if an order of contribution has not yet been entered. . 2021 Florida Statutes (Including 2021B Session) ESTATES AND TRUSTS. 89-299; s. 953, ch. Provisions relating to disposition of the body. AFFIDAVIT UNDERSECTION 735.303, FLORIDA STATUTES,TO OBTAIN BANK PROPERTY OF DECEASEDACCOUNT HOLDER: (Name of decedent). Florida Summary: Under Florida statute, where as estate is valued at less than $75,000, or the decedent has been dead for more than two years, any beneficiary of the estate may file a petition for summary administration of the estate. 2019-71. A distribution from a trust the income or principal of which is subject to subsection (5), subsection (6), or subsection (10) shall be treated as a transfer of property by the decedent and not as a termination of a right or interest in, or a power over, property. 77-174; s. 180, ch. 97-102; s. 181, ch. The reinvestment of any property to which these sections apply in real property located in this state which is or becomes homestead property creates a conclusive presumption that the spouses have agreed to terminate the community property attribute of the property reinvested. 99-343; s. 27, ch. 732.216-732.228 apply unless a written demand is made by the surviving spouse or the spouses successor in interest within 3 months after service of a copy of the notice of administration on the surviving spouse or the spouses successor in interest. If the surviving spouse validly waived his or her homestead rights as provided under s. 732.702 or otherwise under applicable law, but nevertheless receives an interest in the protected homestead, other than an interest described in s. 732.401, including an interest in trust, the value of the spouses interest is determined as property interests that are not protected homestead. Upon approval by the court of the petition, the court may order the immediate distribution of the assets of the . 75-220; s. 50, ch. 88-340; s. 46, ch. s. 1, ch. In the case of property described in s. 732.2035(2), (3), or (4), the date of the decedents death. 117.05(5)(b)2.) Chapter 735. 99-220; s. 3, ch. 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. The date of death and the address of the decedents last residence. This section applies to all designations made by or on behalf of decedents dying on or after July 1, 2012, regardless of when the designation was made. All benefits paid pursuant to s. 112.1915. 99-343; s. 26, ch. If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above. It may be a writing that has no significance apart from its effect upon the dispositions made by the will. The financial institution shall maintain a copy or an image of the affidavit in accordance with its customary retention policies. If the outgoing qualified custodian intends to designate a successor qualified custodian, by doing the following: Providing written notice to the testator of the name, address, and qualifications of the proposed successor qualified custodian. 75-220; s. 958, ch. This subsection does not apply to any property if the decedents only interests in the property are that: The property could be distributed to or for the benefit of the decedent only with the consent of all persons having a beneficial interest in the property; or, The income or principal of the property could be distributed to or for the benefit of the decedent only through the exercise or in default of an exercise of a general power of appointment held by any person other than the decedent; or, The income or principal of the property is or could be distributed in satisfaction of the decedents obligation of support; or. 80-203; s. 182, ch. An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk. In addition to any other penalty provided by law, a person who knowingly makes a false statement in a sworn affidavit given to a financial institution to receive a decedents funds under this section commits theft, punishable as provided in s. 812.014. Any known or reasonably ascertainable creditor who did not consent to the proposed distribution and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded costs, including reasonable attorney fees, against those who joined in the affidavit. Any amount of a condemnation award for the taking of the property unpaid at death. Any immunity from the presumption of undue influence that a surviving spouse may have under state law. 97-102; s. 50, ch. Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage. 2001-226. All costs, damages, and a reasonable attorneys fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will. 75-220; s. 9, ch. 732.216-732.228 apply to specific property, the following rebuttable presumptions apply: Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which these sections apply. If you do not have an Affidavit of Heirs, your estate may not receive its fair share of the inheritance. In the case of property distributed to the surviving spouse by the personal representative, the date of distribution. If there is none of the foregoing, to the decedents brothers and sisters and the descendants of deceased brothers and sisters. A power possessed by the transferor which is exercisable during the transferors lifetime to alter the beneficial use and enjoyment of the interest within a class of beneficiaries identified only in the trust instrument is not a right of revocation if the power may not be exercised in favor of the transferor, the transferors creditors, the transferors estate, or the creditors of the transferors estate or exercised to discharge the transferors legal obligations. Subsection (2) applies to the following assets in which a resident of this state has an interest at the time of the residents death: A life insurance policy, qualified annuity, or other similar tax-deferred contract held within an employee benefit plan. 2001-226. s. 1, ch. Sworn to or affirmed before me by means of physical presence or online notarization by the affiant who is personally known to me or has produced (state type of identification) as identification this day of (month), (year). 2017-121. 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. If the surviving spouse elects to take an undivided one-half interest in protected homestead as a tenant in common as provided in s. 732.401(2), the value of the spouses interest is one-half of the value of the property on the applicable valuation date. 87-27; s. 954, ch. Property that was transferred during the 1-year period preceding the decedents death as a result of a transfer by the decedent if the transfer was either of the following types: Any property transferred as a result of the termination of a right or interest in, or power over, property that would have been included in the elective estate under subsection (5) or subsection (6) if the right, interest, or power had not terminated until the decedents death. Chapter 732 PROBATE CODE: INTESTATE SUCCESSION AND WILLS Entire Chapter. AFFIDAVIT OF HEIRS For purposes of this affidavit, you must list ALL RELATIVES of the Decedent, including yourself, if applicable. Property held in a qualifying special needs trust on the date of the decedents death. A statement acknowledging that the affiant understands that making a false statement in the affidavit may be punishable as a criminal offense. 93-62; s. 962, ch. A statement acknowledging that the payment of the funds constitutes a full release and discharge of the financial institutions obligation regarding the amount paid. Any additional or other securities of the same entity owned by the testator because of action initiated by the entity, excluding any acquired by exercise of purchase options. A life insurance policy, annuity, or other similar contract that is not held within an employee benefit plan or a tax-qualified retirement account. Transfer tax value means the value the interest would have for purposes of the United States estate and gift tax laws if it passed without consideration to an unrelated person on the applicable valuation date.

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