The probate court in which the decedents estate is being administered has no duty to discover whether property held by the decedent is property to which ss. The amount included under this subsection is: With respect to subparagraph (a)1., the value of the portion of the property to which the decedents right or enjoyment related, to the extent the portion passed to or for the benefit of any person other than the decedents probate estate; and. 99-343; s. 28, ch. Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment. Nothing in ss. To the extent paid to or for the benefit of the surviving spouse, amounts payable under any plan or arrangement described in s. 732.2035(8). To the extent they are not deducted under paragraph (a), all mortgages, liens, or security interests on the property. 2021-205. 75-220; s. 1, ch. 2017-121. Appointment includes an alternative appointment and an appointment in the form of a class gift. The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock. 92-200; s. 959, ch. 75-220; s. 13, ch. May be administered in the same manner as other estates. The qualified custodian fails to maintain and post a surety bond or maintain insurance as required in this section. 97-102; s. 18, ch. For the first request, the testator may not be charged a fee for being provided with these documents. 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. Provide access to or information concerning the electronic will, or the electronic record containing the electronic will, only: To persons authorized by the testator in the electronic will or in written instructions signed by the testator with the formalities required for the execution of a will in this state; After the death of the testator, to the testators nominated personal representative; or. 97-102; s. 34, ch. 85-79, the substantive rights of all persons which have vested prior to October 1, 1985, shall be determined as provided in s. 732.402, Florida Statutes, 1983.. Eighty percent if the trust instrument includes a qualifying invasion power but no qualifying power of appointment. I, , declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will. 2002-82; s. 151, ch. The custodian must supply the testators date of death or the last four digits of the testators social security number to the clerk upon deposit. 97-102; s. 47, ch. s. 1, ch. 74-106; s. 38, ch. The notice must be in substantially the following form: Unless and until an election is made under subsection (2), expenses relating to the ownership of the homestead shall be allocated between the surviving spouse, as life tenant, and the decedents descendants, as remaindermen, in accordance with chapter 738. s. 1, ch. 2006-217; s. 11, ch. (2) The decedent's death is the event that vests the heirs' right to the decedent's intestate property. (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this code. 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. A statement acknowledging that the payment of the funds constitutes a full release and discharge of the financial institutions obligation regarding the amount paid. 732.301 and 732.302, regardless of the prior will. Any part of the estate of a decedent not effectively disposed of by will passes to the decedents heirs as prescribed in the following sections of this code. 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. 99-343; s. 26, ch. 74-106; s. 44, ch. 75-220; s. 2, 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. 77-174; s. 185, ch. Remaining unsatisfied balance means the amount of liability initially apportioned to the trust or estate reduced by amounts or property previously contributed by any person in satisfaction of that liability. 89-340; s. 1035, ch. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. 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. A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness. 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. 7, ch. s. 1, ch. 75-220; s. 7, ch. 77-174; s. 275, ch. The decedents interest in the asset shall pass as if the decedents former spouse predeceased the decedent. The election must be made within 6 months after the decedents death and during the surviving spouses lifetime. An 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, before payment, it received written notice of a claim pursuant to this section. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61. s. 1, ch. 2007-74. 2010-132. Furnish for any court hearing involving an electronic will that is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualified custodians qualifications, policies, and practices related to the creation, sending, communication, receipt, maintenance, storage, and production of electronic wills. AFFIDAVIT OF HEIRS For purposes of this affidavit, you must list ALL RELATIVES of the Decedent, including yourself, if applicable. Upon the death of a married person, one-half of the property to which ss. 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. 99-343. An electronic will or codicil is revoked by the testator, or some other person in the testators presence and at the testators direction, by deleting, canceling, rendering unreadable, or obliterating the electronic will or codicil, with the intent, and for the purpose, of revocation, as proved by clear and convincing evidence. Any proceeds unpaid at death on fire or casualty insurance on the property. 75-220; s. 55, ch. 74-106; ss. The allowance shall not exceed a total of $18,000. Now, if you don't have a will, the court will require an affidavit of heirs. Note. s. 7, ch. The petition for summary administration may be filed at any stage of the administration of an estate if it appears that at the time of filing the estate would qualify. 89-340; s. 179, ch. Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon. If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedents death per stirpes. 77-87; s. 952, ch. s. 1, ch. 74-106; s. 105, ch. 97-102; s. 18, 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. 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. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. 74-106; s. 36, ch. The qualified custodian who has custody of the electronic will at the time of the testators death certifies under oath that, to the best knowledge of the qualified custodian, the electronic record that contains the electronic will was at all times before being offered to the court in the custody of a qualified custodian in compliance with s. 732.524 and that the electronic will has not been altered in any way since the date of its execution. 2001-226. s. 14, ch. 2004-5; s. 9, ch. If an interest in homestead has been devised to the surviving spouse as authorized by law and the constitution, and the surviving spouses interest is disclaimed, the disclaimed interest shall pass in accordance with chapter 739. s. 1, ch. s. 15, ch. A parent of the decedent if the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. Affiant is a primary beneficiary as that term is defined in Section 732.703, Florida Statutes. 75-220; s. 12, ch. 2001-226; s. 10, ch. 75-220; s. 37, ch. 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. 80-203; s. 182, ch. If the title to any property to which ss. Electronic will means a testamentary instrument, including a codicil, executed with an electronic signature by a person in the manner prescribed by this code, which disposes of the persons property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will. Any part of a written instrument which makes a gift to a lawyer or a person related to the lawyer is void if the lawyer prepared or supervised the execution of the written instrument, or solicited the gift, unless the lawyer or other recipient of the gift is related to the person making the gift. Dissolution of marriage occurs at the time the decedents marriage is judicially dissolved or declared invalid by court order. 1, ch. In all actions brought under this section, the court must award taxable costs as in chancery actions, including attorney fees. 74-106; s. 107, ch. s. 1, ch. If a refund is made to the surviving spouse or designated child pursuant to the application, the refund shall operate as a complete discharge to the United States from liability from any action, claim, or demand by any beneficiary of the decedent or other person. To the extent paid to or for the benefit of the surviving spouse, the decedents one-half of any property described in s. 732.2045(1)(f). s. 1, ch. Property held for the benefit of the surviving spouse in a qualifying special needs trust. 75-220; s. 3, ch. Permissible methods of notice include first-class mail, personal delivery, delivery to the persons last known place of residence or place of business, or a properly directed facsimile or other electronic message. Online notary public has the same meaning as provided in s. 117.201. (g)The affiant understands that he or she is personally liable to the creditors of the decedent and other persons rightfully entitled to the funds under the Florida Probate Code, to the extent the amount paid exceeds the amount properly attributable to the affiants share. 75-220; s. 1, ch. 2001-226. An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk. 85-79; s. 67, ch. X of the State Constitution. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants. 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. 75-220; s. 14, ch. 2006-1; s. 6, ch. If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent. 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. Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes. Property held in a qualifying special needs trust on the date of the decedents death. On the date of the decedents death, the decedent was married to , who survived the decedent. 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). 75-220; s. 963, ch. 97-102; s. 54, ch. Qualified account means a depository account or certificate of deposit held by a financial institution in the sole name of the decedent without a pay-on-death or any other survivor designation. Summary administration; nature of proceedings. Upon application of any interested person, to achieve the testators tax objectives the court may modify the terms of a will in a manner that is not contrary to the testators probable intent. The right of the specific devisee under this subsection is reduced by any right described in subsection (2). 732.103 Share of other heirs.. Gifts to lawyers and other disqualified persons. 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. : Section: AFFIDAVIT OF HEIRS 1. Descent shall be per stirpes, whether to descendants or to collateral heirs. s. 1, ch. At the time of the decedents death, the decedent owned an interest in real property that the affiant believes to be homestead property described in s. 4, Article X of the State Constitution, which real property being in County, Florida, and described as: (description of homestead property). 732.41 and 732.602. 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. 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. Every will must be in writing and executed as follows: The testator must sign the will at the end; or. With the approval of a court having jurisdiction of the real property, by an attorney in fact or guardian of the property of the surviving spouse. In the case of property distributed to the surviving spouse by the personal representative, the date of distribution. If the court is satisfied that subsection (1) is applicable and the affidavit filed by the heir at law meets the requirements of subsection (2), the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, disposition, delivery, or assignment of the tangible or intangible personal property to those persons entitled. Created from former ss. Sections 732.216-732.228 do not affect rights of creditors with respect to property to which ss. The surviving spouse or an attorney in fact, guardian of the property, or personal representative of the surviving spouse may withdraw an election at any time within 8 months after the decedents death and before the courts order of contribution. 75-220; s. 12, ch. If there is no surviving spouse, to one of the decedents children who is designated in a verified application purporting to be executed by all of the decedents children over the age of 14 years. The signing and witnessing of the instrument complies with the requirements of s. 117.285. 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. Yes No Has a copy of property Tax or utility bill been filed in support of Homestead? 97-102; s. 51, ch. A statement acknowledging that the affiant understands that making a false statement in the affidavit may be punishable as a criminal offense. 75-220; s. 968, ch. 2021-205. If the dissolution of marriage judgment expressly provides otherwise. Before me, the undersigned authority, personally appeared by the means specified herein, (type or print Affiants name) (Affiant), who swore or affirmed that: 1. Devises to multigeneration classes to be per stirpes. The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805. 2001-226. 77-174; s. 180, ch. 2006-217. However, formal notice of the petition must be served on a beneficiary not joining in the petition. 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. (e)The affiant has no knowledge of any last will and testament or other document or agreement relating to the distribution of the decedents estate. 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. If the surviving spouse brings an action to enforce the order, the judgment shall include the surviving spouses costs and reasonable attorneys fees. The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil. 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. 77-87; s. 1, ch. 75-220; s. 18, ch. Payment to successor without court proceedings. 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. The decedent, , died on . 732.201-732.2145. Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. Except as otherwise provided in s. 733.710, after 2 years from the death of the decedent, neither the decedents estate nor those to whom it may be distributed shall be liable for any claim against the decedent, unless within that time proceedings have been taken for the enforcement of the claim. 2007-74; s. 2, 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. 2001-226; s. 1896, ch. s. 1, ch. Call us at (352) 354-2654 if you have questions about property that may be subject to probate. 97-102; s. 49, ch. Property transferred in satisfaction of the elective share. 99-343; s. 22, ch. 18, 30, ch. 33, 35, 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). 74-106; s. 113, ch. This section applies only to outright devises and appointments. 75-220; s. 14, ch. The testator must provide written consent before the electronic record, including the electronic will, is delivered to a successor qualified custodian; Delivering the electronic record containing the electronic will to the successor qualified custodian; and. The personal representative has no duty to discover whether property held by the decedent is property to which ss. A qualified custodian may not succeed to office as a qualified custodian of an electronic will unless he or she agrees in writing to serve in such capacity. An Affidavit of Heirs or Affidavit of Heirship is a sworn statement, given under oath, that identifies the relatives who may be the heirs of a person who passes away. 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. 77-87; s. 1, ch. The paternity of the father is established by an adjudication before or after the death of the father. 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. Any of the rights or benefits listed in paragraphs (1)(a)-(c) which would have passed solely by virtue of the marriage to a surviving spouse who is found to have procured the marriage by fraud, duress, or undue influence shall pass as if the spouse had predeceased the decedent. 99-343; s. 21, ch. 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. 2001-226; s. 29, ch. 2007-74; s. 3, ch. Devise also includes an alternative devise and a devise in the form of a class gift. A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable. In order to receive the funds described in subsection (2), the family member must provide to the financial institution a certified copy of the decedents death certificate and a sworn affidavit that includes all of the following: A statement attesting that the affiant is the surviving spouse, adult child, adult descendant, or parent of the decedent. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. 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. 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. With respect to subparagraph (a)2., the value of the portion subject to the discretion, to the extent the portion passed to or for the benefit of any person other than the decedents probate estate. 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.