On the date of the decedents death, the decedent was married to , who survived the decedent. 732.216-732.228 apply, a purchaser for value or a lender taking a security interest in the property takes the interest in the property free of any rights of the personal representative or a beneficiary of the decedent. Words of survivorship in a devise or appointment to an individual, such as if he survives me, if she survives me, or to my surviving children, are a sufficient indication of an intent contrary to the application of subsections (1) and (2). Call us at (352) 354-2654 if you have questions about property that may be subject to probate. 75-220; s. 971, ch. This section applies only to outright devises and appointments. 2017-121. The affidavit of heirs should be obtained during the probate process. Payor means any person obligated to make payment of the decedents interest in an asset upon the death of the decedent, and any other person who is in control or possession of an asset. You can avoid this necessity by executing a will. ALSO: PETITION DESIGNATING A RESTRICTED DEPOSITORY UNDER FLORIDA STATUTE 69.031 FOR CASH ASSETS WITH PROPOSED ORDER DESIGNATING THE DEPOSITORY (UNLESS ALREADY ON FILE). For purposes of this subsection, value is determined on the applicable valuation date as defined in s. 732.2095(1)(a). 2. 97-102; s. 8, ch. The date of death and the address of the decedents last residence. 117.05(5)(b)2.) In all actions brought under this section, the court shall award taxable costs as in chancery actions, including attorneys fees. 97-102; s. 18, ch. The notice required by this subsection must be in writing and must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice. Any policy of insurance on the decedents life maintained pursuant to a court order. You can find the Florida Probate Code in Chapters 731 through 735 of the Florida Statutes. 2001-226. (Print, type, or stamp commissioned name and affix official seal). Qualifying special needs trust or supplemental needs trust means a trust established for an ill or disabled surviving spouse with court approval before or after a decedents death, if, commencing on the decedents death: The income and principal are distributable to or for the benefit of the spouse for life in the discretion of one or more trustees less than half of whom are ineligible family trustees. s. 1, ch. In the case of any policy of insurance on the decedents life includable under s. 732.2035(5), (6), or (7), the net cash surrender value of the policy immediately before the decedents death. 2001-226; s. 4, ch. Now, if you don't have a will, the court will require an affidavit of heirs. Beneficiary means any person designated in a governing instrument to receive an interest in an asset upon the death of the decedent. 2007-74. Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance. 75-220; s. 41, ch. The notice shall specify the total value of the estate and the names and addresses of those to whom it has been assigned by the order. The court may order this allowance to be paid as a lump sum or in periodic installments. Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. 77-174; s. 1, ch. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61. Before the filing of the affidavit, the affiant must make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, and the proposed distribution must make provision for payment of those creditors to the extent that assets are available or the creditors must consent to the proposed distribution. The recipients of the decedents property under the order of summary administration shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida. In the case of any policy of insurance on the decedents life the proceeds of which are payable outright or to a trust described in paragraph (d), paragraph (e), or paragraph (f), the value of the policy for purposes of s. 732.2075 and paragraphs (d), (e), and (f) is the net proceeds. (h)The affiant understands that making a false statement in this affidavit may be punishable as a criminal offense. AFFIDAVIT OF HEIRS For purposes of this document, you must list ALL RELATIVES of the decedent. The fact that cremation occurred pursuant to a written direction signed by the decedent that the body be cremated is a complete defense to a cause of action against any person acting or relying on that direction. 75-220; s. 6, ch. A will or codicil, other than an electronic will, is revoked by the testator, or some other person in the testators presence and at the testators direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation. s. 10, ch. However, formal notice of the petition must be served on a beneficiary not joining in the petition. 75-220; s. 7, ch. If any part of s. 732.2035 or s. 732.2075 is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the elective estate, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in ss. 2017-121. Except as provided in paragraph (d), for purposes of this subsection: A termination with respect to a right or interest in property occurs when the decedent transfers or relinquishes the right or interest, and, with respect to a power over property, a termination occurs when the power terminates by exercise, release, lapse, default, or otherwise. 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. 75-220; s. 10, ch. s. 2, ch. 75-220; s. 37, ch. 2009-115; s. 3, ch. For this purpose, a general power to appoint by will is a qualifying power of appointment if the power may be exercised by the spouse in favor of the spouses estate without the consent of any other person. Property held in a qualifying special needs trust on the date of the decedents death. 732.216-732.228, or any similar provisions of law of another state, apply and real property that is community property under the laws of the jurisdiction where it is located. Dissolution of marriage occurs at the time the decedents marriage is judicially dissolved or declared invalid by court order. Secure system means a system that satisfies the requirements of a secure repository qualified to retain electronic journals of online notaries public in accordance with s. 117.245 and any rules established under part II of chapter 117. Governing instrument means a deed; will; trust; insurance or annuity policy; account with payable-on-death designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; an instrument creating or exercising a power of appointment or a power of attorney; or a dispositive, appointive, or nominative instrument of any similar type. Exempt property shall be exempt from all claims against the estate except perfected security interests thereon. The fact that an individual's name appears in the list of heirs in an Affidavit of Heirs does not guarantee that this person will receive anything from the decedent's estate. A statement attesting that the total amount in all qualified accounts held by the decedent in all financial institutions known to the affiant does not exceed an aggregate total of $1,000. For purposes of this paragraph, ineligible family trustees include the decedents grandparents and any descendants of the decedents grandparents who are not also descendants of the surviving spouse; and. For purposes of this subsection, a protected charitable interest is any interest for which a charitable deduction with respect to the transfer of the property was allowed or allowable to the decedent or the decedents spouse under the United States gift or income tax laws. To the best of the outgoing qualified custodians knowledge, the electronic will has not been altered since the time it was created. In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedents lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. 74-106; s. 43, ch. 99-343; s. 3, ch. Share of other heirs. This section applies to wills of decedents who die on or after June 29, 2021. s. 1, ch. 2021 Florida Statutes (Including 2021B Session) ESTATES AND TRUSTS. It can then divide the estate among the heirs in accordance with those laws. 97-102; s. 54, ch. Adopted persons and persons born out of wedlock. The paternity of the father is acknowledged in writing by the father. 92-200; s. 32, ch. 2001-226. 74-106; s. 111, ch. 75-220; s. 14, ch. This is because under Florida Statutes 733.301 the following priority applies: the person nominated by the will, then the spouse, then the person nominated by a majority in interest of heirs, or the heir nearest in . Any individual, corporation, or other person paying, transferring, delivering, or assigning personal property under the authorization shall be forever discharged from liability thereon. Notwithstanding anything in paragraph (c) to the contrary: A termination with respect to a right or interest in property does not occur when the right or interest terminates by the terms of the governing instrument unless the termination is determined by reference to the death of the decedent and the court finds that a principal purpose for the terms of the instrument relating to the termination was avoidance of the elective share. (Type or print name of Decedent) (Decedent) died on (type or print the date of the Decedents death). Sections 732.216-732.228 may be cited as the Florida Uniform Disposition of Community Property Rights at Death Act.. 2009-115; s. 1, ch. Protection of payors and other third parties. 2001-226. A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. View Entire Chapter. s. 4, ch. If there is none of the foregoing, to the decedents brothers and sisters and the descendants of deceased brothers and sisters. Except as provided in this subsection, the value of property for purposes of s. 732.2075 is the fair market value of the property on the applicable valuation date. 732.216-732.228, the term homestead refers only to property the descent and devise of which is restricted by s. 4(c), Art. Nothing in ss. My name is: _____, I am at least 18 years of age and 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. The personal representative has no duty to discover whether property held by the decedent is property to which ss. 80-203; s. 13, ch. If the death certificate is silent as to the decedents marital status at the time of his or her death, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to the primary beneficiary upon delivery to the payor of an affidavit validly executed by the primary beneficiary in substantially the following form: (type or print the date of the Decedents death). 2001-36; s. 17, ch. 93-62; s. 962, ch. 97-102; s. 51, ch. 92-200; s. 959, ch. Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. 74-106; s. 113, ch. Enter a judgment that can be satisfied from other property of the party. 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. 2001-226. 2001-226; s. 4, ch. 2009-115; s. 16, ch. Secondary beneficiary means a beneficiary designated under the governing instrument who will receive an interest in an asset if the designation of the primary beneficiary is revoked or otherwise cannot be given effect. 75-74; s. 113, ch. Created from former ss. A paper copy of an electronic will which is certified by a notary public to be a true and correct copy of the electronic will may be offered for and admitted to probate and shall constitute an original of the electronic will. Provisions relating to disposition of the body. 97-102; s. 47, ch. A qualified custodian may not charge a fee for depositing the electronic will with the clerk, provided the affidavit is made in accordance with s. 732.503, or furnishing in writing any information requested by a court under paragraph (2)(b). 75-220; s. 35, ch. A class member if the appointment is in the form of a class gift. At any time, as directed by a court of competent jurisdiction. ESTATES AND TRUSTS. 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. That portion of property, other than property described in subsections (2) and (3), transferred by the decedent to the extent that at the time of the decedents death the transfer was revocable by the decedent alone or in conjunction with any other person. When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state. 77-87; s. 1, 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. Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. 33, 35, ch. Effect of fraud, duress, mistake, and undue influence. If a qualified custodian is an entity, an affidavit, or an appearance by the testator in the presence of a duly authorized officer or agent of such entity, acting in his or her own capacity as such, shall constitute an affidavit, or an appearance by the testator in the presence of the qualified custodian. 28, 113, ch. 2. Uniformity of application and construction. 75-220; s. 969, ch. Except as otherwise provided in this part, all questions as to the force, effect, validity, and interpretation of an electronic will which comply with this section must be determined in the same manner as in the case of a will executed in accordance with s. 732.502. Devises to multigeneration classes to be per stirpes. If the surviving spouse validly waived his or her homestead rights as provided in s. 732.702 or otherwise under applicable law but nevertheless receives an interest in protected homestead, other than an interest described in s. 732.401, including, without limitation, an interest in trust, the value of the spouses interest is determined as property interests that are not protected homestead. The affidavit of heirs is a sworn statement that an individual signs to provide information about the deceased's property. 75-220; s. 14, ch. Simply go there to prepare fresh copy of the Florida Heirship Affidavit - Affidavit of Heirs - Descent. Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon. 74-106; s. 21, ch. Any rights or benefits under a will, trust, or power of appointment, unless the surviving spouse is provided for by name, whether or not designated as the spouse, in the will, trust, or power of appointment. 2003-154; s. 33, ch. 2009-115; s. 6, ch. 99-343; s. 19, ch. This section applies to all proceedings commenced on or after July 1, 2017, without regard to the date of the decedents death. s. 1, ch. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. In the case of property described in s. 732.2035(2), (3), or (4), the date of the decedents death. He also has a deceased brother who had one child (Fred's nephew). 75-220; s. 1, ch. 2001-226; s. 8, ch. In the case of any policy of insurance on the decedents life includable under s. 732.2035(9), the net cash surrender value of the policy on the date of the termination or transfer. 2006-217; s. 159, ch. In the application of paragraph (a), the proportional part of all property received is determined separately for each class of priority under s. 732.2075(2). 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 equity. 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. 2019-71. 80-203; s. 182, ch. 97-102; s. 59, ch. 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. 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. 75-220; s. 16, ch. Unless the waiver provides to the contrary, a waiver of all rights, or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver. 2001-226. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state. 1, ch. Unless sooner barred by adjudication, estoppel, or a provision of the Florida Probate Code or Florida Probate Rules, an interested person is barred from bringing an action under this section unless the action is commenced within 4 years after the decedents date of death. 2001-226. A named beneficiary of a bond, life insurance policy, or other contractual arrangement 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 owner or principal obligee of the bond, life insurance policy, or other contractual arrangement or the person upon whose life such policy was issued is not entitled to any benefit under the bond, policy, or other contractual arrangement, and the bond, policy, or other contractual arrangement becomes payable as though the abuser, neglector, exploiter, or killer had predeceased the decedent. When awarding taxable costs and attorney fees under this section, the court may direct payment from a partys interest in the estate or trust, or enter a judgment that may be satisfied from other property of the party, or both. 75-220; s. 13, ch. If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to: As much of the devised securities as is a part of the estate at the time of the testators death. s. 1, ch. Elective share trust means a trust under which: The surviving spouse is entitled for life to the use of the property or to all of the income payable at least as often as annually; The surviving spouse has the right under the terms of the trust or state law to require the trustee either to make the property productive or to convert it within a reasonable time; and. A surviving adult descendant of the decedent, and the decedent left no surviving spouse and no surviving adult child. 99-343. 99-343; s. 26, ch. 75-220; s. 14, ch. 732.41 and 732.602. 81-27; s. 6, ch. Because of any of the provisions of s. 689.075. Words of survivorship used by the donor of the power in a power to appoint to an individual, such as the term if he survives the donee or if she survives the donee, or in a power to appoint to the donees then surviving children, are a sufficient indication of an intent contrary to the application of subsection (2). 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. 732.2025-732.2155, the term: Direct recipient means the decedents probate estate and any other person who receives property included in the elective estate by transfer from the decedent, including transfers described in s. 732.2035(9), by right of survivorship, or by beneficiary designation under a governing instrument. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension. A statement acknowledging that the payment of the funds constitutes a full release and discharge of the financial institutions obligation regarding the amount paid. 77-87; s. 961, ch. 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. 74-106; ss. The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. 97-102. The power may, but need not, provide that the other resources of the spouse are to be taken into account in any exercise of the power. 2002-1. There are two types of probate administration under Florida law: formal administration and summary administration. This section does not affect the ownership of an interest in an asset as between the former spouse and any other person entitled to such interest by operation of this section, the rights of any purchaser for value of any such interest, the rights of any creditor of the former spouse or any other person entitled to such interest, or the rights and duties of any insurance company, financial institution, trustee, administrator, or other third party. 74-106; s. 38, ch. 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.
