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. 2001-226. Notwithstanding anything in s. 732.2045(1)(a) to the contrary, any trust created by the decedent before the effective date of ss. 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. The financial institution shall maintain a copy or an image of the affidavit in accordance with its customary retention policies. 82-71. 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. You can find the Florida Probate Code in Chapters 731 through 735 of the Florida Statutes. 2001-226; s. 145, ch. The Affidavit of Heirs should list the names, ages, and addresses of the decedent's relatives, and it should indicate the date of death of any deceased relatives. 732.216-732.228, the term homestead refers only to property the descent and devise of which is restricted by s. 4(c), Art. 2002-82; s. 151, ch. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section. 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. Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available. 732.201-732.2145 that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of these sections and in satisfaction of the elective share. 74-106; s. 16, ch. 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. If specifically devised property is sold by a guardian of the property or if a condemnation award or insurance proceeds are paid to a guardian of the property, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. In the course of maintaining custody of electronic wills, regularly employ a secure system and store in such secure system electronic records containing: Records attached to or logically associated with electronic wills; and. I, , declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will. 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. 97-102; s. 31, ch. a substitute gift is created in the appointees surviving descendants who take per stirpes the property to which the appointee would have been entitled had the appointee survived the testator. 2021-183. 2010-132. 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. 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. 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. 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. 2001-226; s. 12, ch. Florida Statutes, or the Constitution of Florida, and non-exempt personal property the However, persons to whom property has been specifically or demonstratively devised and who would otherwise be entitled to it as exempt property under this section may have the court determine the property to be exempt from claims, except for perfected security interests thereon, after complying with the provisions of subsection (6). Chapter 732 PROBATE CODE: INTESTATE SUCCESSION AND WILLS Entire Chapter. s. 1, ch. 74-106; s. 107, ch. 2009-115; s. 1, ch. 2009-115; s. 5, ch. 97-102; s. 35, ch. This section shall be construed as establishing the ownership or rights of the payee in the refund. 99-343; s. 26, ch. View Entire Chapter. s. 1, ch. s. 1, ch. If the surviving spouse is a beneficiary of a trust, or portion of a trust, which meets the requirements of a qualifying special needs trust, the value of the principal of the trust, or trust portion, on the applicable valuation date. 2017-121. Any amount of a condemnation award for the taking of the property unpaid at death. 97-102; s. 18, ch. Checklist for Opening Estate. 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. If the affiant is a parent of the decedent, the affidavit must attest that the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001. 2001-226; s. 4, ch. There are two types of probate administration under Florida law: formal administration and summary administration. 2007-74; s. 2, ch. 80-203; s. 182, ch. 2006-217. Modification to achieve testators tax objectives. Dissolution of marriage occurs at the time the decedents marriage is judicially dissolved or declared invalid by court order. 2001-226. If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. Chapter 735. 75-220; s. 971, ch. (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. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. 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. 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. 74-106; s. 39, ch. If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedents paternal, and the other half to the decedents maternal, kindred in the following order: To the grandfather and grandmother equally, or to the survivor of them. The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805. The qualified custodian fails to maintain and post a surety bond or maintain insurance as required in this section. . If an election is made, expenses relating to the ownership of the homestead shall be allocated between the surviving spouse and the descendants as tenants in common in proportion to their respective shares, effective as of the date the election is filed for recording. s. 1, ch. a substitute gift is created in the devisees surviving descendants who take per stirpes the property to which the devisee would have been entitled had the devisee survived the testator. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouses probable lifetime. 2001-226; s. 13, ch. Delivering to the successor qualified custodian an affidavit of the outgoing qualified custodian stating that: The outgoing qualified custodian is eligible to act as a qualified custodian in this state; The outgoing qualified custodian is the qualified custodian designated by the testator in the electronic will or appointed to act in such capacity under this paragraph; The electronic will has at all times been in the custody of one or more qualified custodians in compliance with this section since the time the electronic record was created, and identifying such qualified custodians; and. 75-220; s. 35, ch. 2001-226; s. 6, ch. 2001-226; s. 7, ch. E-7 . 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. Disposition of Personal Property Without Administration Instructions. Two motor vehicles as defined in s. 316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedents name and regularly used by the decedent or members of the decedents immediate family as their personal motor vehicles. 2, 45, 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. 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. 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. 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). 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. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. Exempt property shall be exempt from all claims against the estate except perfected security interests thereon. Liability of direct recipients and beneficiaries. 2006-217; s. 11, ch. 732.216-732.228 apply. 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. 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. A direction in the decedents will is effective only for revocable trusts. The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will. 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. 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. 2002-387; s. 5, ch. Descent shall be per stirpes, whether to descendants or to collateral heirs. 92-200; s. 972, ch. 97-102; s. 52, ch. If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. 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). Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. 2021-205. 2007-74; s. 8, ch. Property that a testator gave to a person in the testators lifetime is treated as a satisfaction of a devise to that person, in whole or in part, only if the will provides for deduction of the lifetime gift, the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction.
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