X of the State Constitution if the following or substantially similar language is included in a deed: The waiver language in subsection (1) may not be considered a waiver of the protection against the owners creditor claims during the owners lifetime and after death. 81-238; s. 3, ch. If the spouse takes a life estate as provided in s. 732.401(1), or validly elects to take an undivided one-half interest as a tenant in common as provided in s. 732.401(2), one-half of the fair market value of the protected homestead on the date of the decedents death. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. 731.10, 731.101, 731.11. 75-220; s. 10, ch. Any 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 more than 2 business days before payment it receives at its home office or principal address written notice, or in the case of a financial institution it receives notice in accordance with s. 655.0201, of a claim under this section. 77-87; s. 1, ch. 89-291; s. 9, ch. 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. View Entire Chapter. 732.216-732.228, the term homestead refers only to property the descent and devise of which is restricted by s. 4(c), Art. The signing and witnessing of the instrument complies with the requirements of s. 117.285. 99-343; s. 25, ch. 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. Effect of fraud, duress, mistake, and undue influence. A statement acknowledging that a personal representative has not been appointed to administer the decedents estate and attesting that no probate proceeding or summary administration procedure has been commenced with respect to the estate. 2003-154; s. 33, ch. A designation made by or on behalf of the decedent providing for the payment or transfer at death of an interest in an asset to or for the benefit of the decedents former spouse is void as of the time the decedents marriage was judicially dissolved or declared invalid by court order prior to the decedents death, if the designation was made prior to the dissolution or court order. Created from former ss. 74-106; s. 8, 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. 97-102; s. 31, ch. s. 1, ch. 77-87. 2009-115; s. 9, ch. 2001-226. 74-106; s. 23, ch. 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. A distribution from a trust is not subject to this subsection if the distribution is required by the terms of the governing instrument unless the event triggering the distribution is determined by reference to the death of the decedent and the court finds that a principal purpose of the terms of the governing instrument relating to the distribution is avoidance of the elective share. 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. They may maintain actions to enforce the right. For purposes of this subsection, a protected charitable lead interest is a protected charitable interest as defined in subsection (2) in which one or more deductible interests in charity precede some other nondeductible interest or interests in the property. 74-106; s. 19, ch. 18, 30, ch. The order is prima facie correct in proceedings in any court or jurisdiction. s. 15, ch. 75-220; s. 14, ch. Affiant is a primary beneficiary as that term is defined in Section 732.703, Florida Statutes. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution. 2007-74; s. 3, ch. In either event, the application must show that the decedent was not indebted, that provision has been made for the payment of the decedents debts, or that the entire estate is exempt from the claims of creditors under the constitution and statutes of the state, and that no administration of the estate, including summary administration, has been initiated and that none is planned, to the knowledge of the applicant. If the petition is timely filed, the time for making the election shall be extended for at least 30 days after the rendition of the order allowing the election. 2001-226; s. 8, ch. s. 1, ch. 99-343; s. 29, ch. s. 15, ch. s. 15, ch. Created from former ss. For purposes of this subsection, value is determined on the applicable valuation date as defined in s. 732.2095(1)(a). Incorporated, organized, or have its principal place of business in this state. 75-220; s. 13, ch. Electronic record has the same meaning as provided in s. 668.50. 75-220; s. 7, ch. However, the Affidavit shows that Fred has a living sister and brother. Property appointed by the will of the decedent to or for the benefit of the abuser, neglector, exploiter, or killer passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. s. 1, ch. Online notarization has the same meaning as provided in s. 117.201. 80-203; s. 182, ch. 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. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph. Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person: Personal property, wherever located, which: Was acquired as, or became and remained, community property under the laws of another jurisdiction; Was acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, community property; or. The date of death and the address of the decedents last residence. s. 1, ch. 92-200; s. 32, ch. 2001-36; s. 17, ch. If the revocation of a will, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void. If, after the application of subsection (1), the elective share is not fully satisfied, the unsatisfied balance shall be allocated entirely to one class of direct recipients of the remaining elective estate and apportioned among those recipients, and if the elective share amount is not fully satisfied, to the next class of direct recipients, in the following order of priority, until the elective share amount is satisfied: If, after the application of subsections (1) and (2), the elective share amount is not fully satisfied, the additional amount due to the surviving spouse shall be determined and satisfied as follows: The remaining unsatisfied balance shall be satisfied from property described in paragraphs (1)(a) and (b) which passes or which has passed in a trust in which the surviving spouse has a beneficial interest, other than an elective share trust or a qualified special needs trust. 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. 97-102; s. 18, ch. 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. 77-174; s. 185, ch. s. 1, ch. 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. as identification, by means of physical presence or online notarization. 75-220; s. 15, ch. Except as provided in subparagraphs 1., 2., and 3., in the case of property passing in trust for the surviving spouse, the date or dates the trust is funded in satisfaction of the elective share. A class member if the appointment is in the form of a class gift. 2001-226; s. 4, ch. 92-200; s. 972, ch. 75-220; s. 7, ch. The allowance shall not exceed a total of $18,000. Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization this day of (month), (year), by (affiant), (Print, Type, or Stamp Commissioned Name of Notary Public), Personally Known OR Produced Identification. Killer not entitled to receive property or other benefits by reason of victims death. s. 4, ch. s. 15, ch. 2001-226; s. 13, ch. 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. 75-220; s. 12, ch. 2017-121. 75-220; s. 41, ch. 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. 98-246; s. 43, ch. PROBATE DIVISION. 2007-74; ss. Upon the request of the testator which is made in writing signed with the formalities required for the execution of a will in this state, a qualified custodian who at any time maintains custody of the electronic record of the testators electronic will must cease serving in such capacity and must deliver to a successor qualified custodian designated in writing by the testator the electronic record containing the electronic will and the affidavit required in subparagraph (4)(b)3. If the dissolution of marriage judgment expressly provides otherwise. 75-74; s. 113, ch. 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. Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes. The decedents one-half of that property is not in the elective estate. 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. The term gift includes an inter vivos gift, a testamentary transfer of real or personal property or any interest therein, and the power to make such a transfer regardless of whether the gift is outright or in trust; regardless of when the transfer is to take effect; and regardless of whether the power is held in a fiduciary or nonfiduciary capacity. 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. as identification, by means of physical presence or online notarization; and (type or print name of second witness) who is personally known to me or has produced (state type of identificationsee s. 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. Transforming and storing a will on film, microfilm, magnetic, electronic, optical, or other substitute media or recording a will onto an electronic recordkeeping system, whether or not in accordance with the standards adopted by the Supreme Court of Florida, or permanently recording a will does not eliminate the requirement to preserve the original will. (b)As shown in the certified death certificate, the date of death of the decedent was (date of death), and the address of the decedents last residence was (address of last residence). 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. When a power of appointment is exercised by will, unless a contrary intent appears in the document creating the power of appointment or in the testators will, if an appointee who is a grandparent, or a descendant of a grandparent, of the donor of the power: Is dead at the time of the execution of the will or the creation of the power; Is required by the will, the document creating the power, or by operation of law to be treated as having predeceased the testator. In any case when the United States Treasury Department determines that an overpayment of federal income tax exists and the person in whose favor the overpayment is determined is dead at the time the overpayment of tax is to be refunded, and irrespective of whether the decedent had filed a joint and several or separate income tax return, the amount of the overpayment, if not in excess of $2,500, may be refunded as follows: Directly to the surviving spouse on his or her verified application; or. If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent. E-7-Affidavit of Heirs Last Revised 12/07/2021 (AFHR) Page 1 of 4. The writing may be prepared before or after the execution of the will. 81-27; s. 6, ch. A named beneficiary of a bond, life insurance policy, or other contractual arrangement who is convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against the owner or principal obligee of the bond, life insurance policy, or other contractual arrangement or the person upon whose life such policy was issued is not entitled to any benefit under the bond, policy, or other contractual arrangement, and the bond, policy, or other contractual arrangement becomes payable as though the abuser, neglector, exploiter, or killer had predeceased the decedent. 97-102; s. 59, ch. (2) The decedent's death is the event that vests the heirs' right to the decedent's intestate property. 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. 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. Subject to the foregoing, a will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will.
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