75-220; s. 14, ch. Case no. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution. 97-102; s. 31, ch. 75-220; s. 968, ch. The requirement for court approval shall not apply if the aggregate value of all property in all qualifying special needs trusts for the spouse is less than $100,000. (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. 97-102; s. 59, ch. 2007-74. 2001-226; s. 13, ch. s. 1, ch. 2001-226; s. 6, ch. 2009-115; s. 3, ch. 2001-226; s. 107, ch. Acknowledged and subscribed before me by means of physical presence or online notarization by the testator, (type or print testators name), who is personally known to me or has produced (state type of identificationsee s. A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. All benefits paid pursuant to s. 112.1915. 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. 75-220; s. 963, ch. Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance. The decedents fractional interest in property, other than property described in subsection (3) or subsection (8), held by the decedent in joint tenancy with right of survivorship or in tenancy by the entirety. 75-220; s. 13, ch. Dissolution of marriage occurs at the time the decedents marriage is judicially dissolved or declared invalid by court order. For purposes of ss. The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001. An adult child of the decedent if the decedent left no surviving spouse; An adult descendant of the decedent if the decedent left no surviving spouse and no surviving adult child; or. History.s. 75-220; s. 50, ch. Payment to successor without court proceedings. 80-203; s. 13, ch. 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 court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. Except as provided in subsection (3), the personal representative shall collect contribution from the recipients of the elective estate as provided in the courts order of contribution. 2017-121. A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officers certificate attached to or following the will, in substantially the following form: A will or codicil made self-proved under former law, or executed in another state and made self-proved under the laws of that state, shall be considered as self-proved under this section. The allowance shall not exceed a total of $18,000. s. 15, ch. 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. s. 1, ch. 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. 2001-36; s. 17, ch. If the surviving spouse is not living, it shall be paid to the lineal heirs or to the persons having their care and custody. 2001-226; s. 2, ch. He also has a deceased brother who had one child (Fred's nephew). 2007-74; ss. In the case of property held in trust, direct recipient includes the trustee but excludes the beneficiaries of the trust. 74-106; s. 105, ch. 75-220; s. 2, ch. Person includes an individual, trust, estate, partnership, association, company, or corporation. 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. Note. The elective share shall be in addition to homestead, exempt property, and allowances as provided in part IV. s. 1, 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. Eighty percent if the trust instrument includes a qualifying invasion power but no qualifying power of appointment. Upon informal application by affidavit, letter, or otherwise by any interested party, and if the court is satisfied that subsection (1) is applicable, the court, by letter or other writing under the seal of the court, may authorize the payment, transfer, or disposition of the personal property, tangible or intangible, belonging to the decedent to those persons entitled. 74-106; s. 111, 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. Now, if you don't have a will, the court will require an affidavit of heirs. 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. 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. 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. That he or she has previously signed the will, or. The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share. (2) Name Of Deceased. 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. The policy must cover losses of at least $250,000 in the aggregate. PROBATE DIVISION. The proceeds of a sale or creation of a security interest must be treated as the property transferred to the purchaser for value or a lender. However, if a persons required contribution is not fully paid by 2 years after the date of the death of the decedent, such person must also pay interest at the statutory rate on any portion of the required contribution that remains unpaid. A statement acknowledging that the affiant has no knowledge of the existence of any last will and testament or other document or agreement relating to the distribution of the decedents estate. Record the full name of the Florida Deceased. If, after the application of subsections (1), (2), and (3), the elective share is not fully satisfied, any remaining unsatisfied balance shall be satisfied from direct recipients of protected charitable lead interests, but only to the extent and at such times that contribution is permitted without disqualifying the charitable interest in that property for a deduction under the United States gift tax laws. 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. 75-220; s. 13, ch. A will or codicil, or any part of either, is revoked: By a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency. However, formal notice of the petition must be served on a beneficiary not joining in the petition. The affidavit must be served in the manner of formal notice upon all heirs at law who have not joined in the affidavit; upon all known or reasonably ascertainable creditors of the decedent; and, if the decedent at the time of death was over the age of 55 years of age, upon the Agency for Health Care Administration. 75-220; s. 48, ch. Liability coverage; receivership of qualified custodians. 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. 732.103 Share of other heirs.. (1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only . For purposes of making this affidavit, the outgoing qualified custodian may rely conclusively on any affidavits delivered by a predecessor qualified custodian in connection with its designation or appointment as qualified custodian; however, all such affidavits must be delivered to the successor qualified custodian. 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. 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. s. 1, ch. 2021-205. 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. Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon.