A waiver of elective share rights before the effective date of this section which is otherwise in compliance with the requirements of s. 732.702 is a waiver of all rights under ss. 74-106; s. 113, ch. Electronic record has the same meaning as provided in s. 668.50. . 2011-183. With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. 77-174; s. 2, ch. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. as identification, by means of physical presence or online notarization. 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. For this purpose, a beneficiary of an insurance policy on the decedents life, the net cash surrender value of which is included in the elective estate, is treated as having received property included in the elective estate. 2001-226; s. 8, ch. If the surviving spouse elects to take an undivided one-half interest in protected homestead as a tenant in common as provided in s. 732.401(2), the value of the spouses interest is one-half of the value of the property on the applicable valuation date. s. 1, ch. Sections 732.201-732.2155 do not affect any interest in property held, as of the decedents death, in a trust, whether revocable or irrevocable, if: The property was an asset of the trust at all times between October 1, 1999, and the date of the decedents death; The decedent was not married to the decedents surviving spouse when the property was transferred to the trust; and. 97-102; s. 35, ch. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61. 2001-226. 75-220; s. 14, 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. 2001-226; s. 4, ch. 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. 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. Revocable trust means a trust that is includable in the elective estate under s. 732.2035(5). If the revocation of a will, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void. 74-106; s. 3, ch. The affidavit shall set forth or have attached a copy of the notice . If a part of a written instrument is invalid by reason of this section, the invalid part is severable and may not affect any other part of the written instrument which can be given effect, including a term that makes an alternate or substitute gift. Chapter 732 Section 103 - 2021 Florida Statutes - The Florida Senate 74-106; s. 8, ch. Property of the decedent that is not exempt from claims of creditors and that remains in the hands of those to whom it may be assigned by the order shall continue to be liable for claims against the decedent until barred as provided in the code. 2001-226; s. 145, ch. 75-220; s. 51, ch. Disposition of Personal Property Without Administration - Verified Statement. (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. 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. 2021-205. s. 1, ch. Only direct recipients of property included in the elective estate and the beneficiaries of the decedents probate estate or of any trust that is a direct recipient, are liable to contribute toward satisfaction of the elective share. Uniformity of application and construction. Unless otherwise provided in the decedents will or, in the absence of a provision in the decedents will, in a trust referred to in the decedents will, the following are applied first to satisfy the elective share: Property interests included in the elective estate that pass or have passed to or for the benefit of the surviving spouse, including interests that are contingent upon making the election, but only to the extent that such contingent interests do not diminish other property interests that would be applied to satisfy the elective share in the absence of the contingent interests. Award of fees and costs in elective share proceedings. 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. 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. You can find the Florida Probate Code in Chapters 731 through 735 of the Florida Statutes. 99-343; s. 25, ch. 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. Section 8, ch. Because of any of the provisions of s. 689.075. Statutes & Constitution :View Statutes : Online Sunshine In the case of property described in s. 732.2035(2), (3), or (4), the date of the decedents death. 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. 2002-1. 2010-132. A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. Within each of the classes described in s. 732.2075(2)(b) and (c), each direct recipient is liable in an amount equal to the value, as determined under s. 732.2055, of the proportional part of the liability for all members of the class. 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. 735.301 Disposition without administration.. 2017-121. Although a property interest is included in the decedents elective estate under s. 732.2035(3)-(9), a payor or other third party is not liable for paying, distributing, or transferring the property to a beneficiary designated in a governing instrument, or for taking any other action in good faith reliance on the validity of a governing instrument. The Department of Legal Affairs shall represent the state in all proceedings concerning escheated estates. If no claim is timely asserted, the states rights to the proceeds shall become absolute. A person does not have a right or cause of action against the financial institution for taking an action, or for failing to take an action, in connection with the affidavit or the payment of the funds. Property interests that would have satisfied the elective share under any preceding paragraph of this subsection but were disclaimed. The revocation of a codicil to a will does not revoke the will, and, in the absence of evidence to the contrary, it shall be presumed that in revoking the codicil the testator intended to reinstate the provisions of a will or codicil that were changed or revoked by the revoked codicil, as if the revoked codicil had never been executed. For purposes of the execution or filing of an electronic will, the acknowledgment of an electronic will by the testator and the affidavits of witnesses under s. 732.503, or any other instrument under the Florida Probate Code: Any requirement that an instrument be signed may be satisfied by an electronic signature. A final judgment of conviction of murder in any degree is conclusive for purposes of this section. 87-226; s. 51, ch. 97-102; s. 31, ch. The term written instrument includes, but is not limited to, a will, a trust, a deed, a document exercising a power of appointment, or a beneficiary designation under a life insurance contract or any other contractual arrangement that creates an ownership interest or permits the naming of a beneficiary. 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; s. 113, ch. 75-220; s. 18, ch. 99-343; s. 19, ch. Box 6043 DeLand, FL 32721-6043 Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage. ESTATES AND TRUSTS. This section shall be construed as establishing the ownership or rights of the payee in the refund. In the case of a defined contribution plan as defined in s. 414(i) of the Internal Revenue Code of 1986, as amended, this subsection shall not apply to the excess of the proceeds of any insurance policy on the decedents life over the net cash surrender value of the policy immediately before the decedents death. 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. Disposition of Personal Property Waiver & Consent. s. 5, ch. 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. Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject of these sections among those states which enact them. s. 9, ch. 75-220; s. 14, ch. Created from former ss. 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. 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. 75-220; s. 965, ch. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. 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. 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. For purposes of this section, the term will includes a separate writing as described in s. 732.515. s. 1, ch. PROBATE DIVISION. The affidavit of heirs is a sworn statement that an individual signs to provide information about the deceased's property. 99-343; s. 21, ch. That another person has subscribed the testators name to it. 2010-132; s. 3, ch. In the case of other property included under s. 732.2035(9), the fair market value of the property on the date of the termination or transfer, computed after deducting any mortgages, liens, or security interests on the property as of that date. 2001-226. 97-102; s. 58, ch. 2, 45, ch. An individual or class member who was deceased at the time the testator executed his or her will as well as an individual or class member who was then living but who failed to survive the testator. Florida Statutes, or the Constitution of Florida, and non-exempt personal property the A statement acknowledging that the affiant understands that making a false statement in the affidavit may be punishable as a criminal offense. 89-291; s. 9, ch. Any known or reasonably ascertainable creditor who did not consent to the proposed distribution and for whom provision for payment was not made may enforce the claim and, if the creditor prevails, shall be awarded costs, including reasonable attorney fees, against those who joined in the affidavit. Florida Small Estates General Summary Law - Small Estates - USLegal A class member if the devise is in the form of a class gift. 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. 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. If, after the order of contribution, the personal representative brings an action to collect contribution from property not within the personal representatives control, the judgment shall include the personal representatives costs and reasonable attorneys fees. 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. My name is: _____, I am at least 18 years of age and 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. Unless the language creating a power of appointment expressly excludes the substitution of the descendants of an object of a power for the object, a surviving descendant of a deceased object of a power of appointment may be substituted for the object whether or not the descendant is an object of the power. Modification to achieve testators tax objectives. 74-106; s. 13, ch. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . Unless otherwise provided in the trust instrument or, in the decedents will if there is no provision in the trust instrument, any amount to be satisfied from trust property shall be paid from the assets of the trust in the order provided for claims under s. 736.05053(2) and (3). 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. 2007-74; s. 3, ch. s. 1, ch. The paternity of the father is acknowledged in writing by the father.
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