Small Estate Affidavit Florida - EXPLAINED Watch on How to Write Download: Adobe PDF Florida Court Information (1) County Name. If a person entitled to the proceeds assigns the rights to receive payment to an attorney, Florida-certified public accountant, or private investigative agency which is duly licensed to do business in this state pursuant to a written agreement with that person, the Department of Financial Services is authorized to make distribution in accordance with the assignment. In lieu of paying the amount for which they are liable, beneficiaries who have received a distribution of property included in the elective estate and direct recipients other than the decedents probate estate or revocable trusts, may: Contribute a proportional part of all property received; or. 92-200; s. 972, ch. 75-220; s. 963, ch. 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. 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. The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no . 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. 732.216-732.228 apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. 75-220; s. 50, ch. 732.216-732.228 apply was held by the decedent at the time of the decedents death, title of the surviving spouse may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the beneficiaries of the decedent with the approval of the probate court. 74-106; s. 113, ch. In all other cases, the date of the decedents death or the date the surviving spouse first comes into possession of the property, whichever occurs later. 75-220; s. 12, ch. By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation. 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. 2001-226. 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. Subscribed by me in the presence of the testator and the subscribing witnesses, by the means specified herein, all on (date). Payment to successor without court proceedings. 2001-226; s. 14, ch. 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. 117.05(5)(b)2.) A qualified custodian may not limit liability for such damages. s. 1, ch. To serve as a qualified custodian of an electronic will, a person must be: Domiciled in and a resident of this state; or. 75-220; s. 7, ch. 2001-226. An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, or an employee benefit plan, may not be treated as a trust for purposes of this section. As provided by the Florida Constitution, the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owners spouse if there is no minor child or minor children. 74-106; s. 13, ch. 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. 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. The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills. 28, 113, ch. Upon approval by the court of the petition, the court may order the immediate distribution of the assets of the . After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries. A petition by an attorney in fact or by a guardian of the property of the surviving spouse for approval to make the election must be filed within 6 months after the decedents death and during the surviving spouses lifetime. 75-220; s. 966, ch. s. 1, ch. If each trustee of a trust that is a beneficiary of the estate of the deceased person is also a petitioner, formal notice of the petition for summary administration shall be served on each qualified beneficiary of the trust as defined in s. 736.0103 unless joinder in, or consent to, the petition is obtained from each qualified beneficiary of the trust. Upon receiving information that the testator is dead, a qualified custodian must deposit the electronic will with the court in accordance with s. 732.901. 74-106; s. 44, ch. 98-421; s. 3, ch. Any immunity from the presumption of undue influence that a surviving spouse may have under state law. 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. 2021-205. In determining the testators original intent, the court may consider evidence relevant to the testators intent even though the evidence contradicts an apparent plain meaning of the will. (2) The decedent's death is the event that vests the heirs' right to the decedent's intestate property. It may be a writing that has no significance apart from its effect upon the dispositions made by the 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. 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. Any rights or benefits under a bond, life insurance policy, or other contractual arrangement if the decedent is the principal obligee or the person upon whose life the policy is issued, unless the surviving spouse is provided for by name, whether or not designated as the spouse, in the bond, life insurance policy, or other contractual arrangement. 77-174; s. 180, ch. Payments made to an attorney, Florida-certified public accountant, or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney, Florida-certified public accountant, or private investigative agency in a financial institution authorized to accept such deposits and located in this state. Sections 732.216-732.228 do not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person. 2001-226; s. 5, ch. Liability coverage; receivership of qualified custodians. (2) Name Of Deceased. s. 1, ch. 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. 74-106; s. 111, ch. s. 1, ch. A direction in the decedents will is effective only for revocable trusts. The financial institution may not make such payment earlier than 6 months after the date of the decedents death. In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedents or other persons death was caused by or contributed to by the abusers, neglectors, exploiters, or killers conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section. s. 1, ch. The decedent, , died on . 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. 75-220; s. 969, ch. 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. 77-87; s. 961, ch. The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B) Title VI . Modification to achieve testators tax objectives. 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. Qualifying invasion power means a power held by the surviving spouse or the trustee of an elective share trust to invade trust principal for the health, support, and maintenance of the spouse. 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. s. 5, ch. 97-102; s. 38, ch. 77-87; s. 1, ch. 74-106; s. 34, ch. A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. 99-343; s. 24, ch. 75-220; s. 1, ch. 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. An instrument that is signed electronically is deemed to be executed in this state if the instrument states that the person creating the instrument intends to execute and understands that he or she is executing the instrument in, and pursuant to the laws of, this state. AFFIDAVIT OF HEIRS For purposes of this document, you must list ALL RELATIVES of the decedent, including yourself, if applicable. That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years. As used in this subsection, the term income has the same meaning as that provided in s. 643(b) of the Internal Revenue Code, as amended, and regulations adopted under that section. 75-220; s. 51, ch. The election must be made within 6 months after the decedents death and during the surviving spouses lifetime. s. 1, ch. 2021 Florida Statutes (Including 2021B Session) ESTATES AND TRUSTS. Within the period provided in subsection (1), or 40 days after the date of termination of any proceeding which affects the amount the spouse is entitled to receive under s. 732.2075(1), whichever is later, but no more than 2 years after the decedents death, the surviving spouse or an attorney in fact or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election. 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. The court may order this allowance to be paid as a lump sum or in periodic installments. Devises to multigeneration classes to be per stirpes. 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. Box 6043 DeLand, FL 32721-6043 Except as provided in s. 732.2155(4), any transfer of property by the decedent to the extent the transfer is irrevocable before the effective date of this subsection or after that date but before the date of the decedents marriage to the surviving spouse. 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.
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