(2) The decedent's death is the event that vests the heirs' right to the decedent's intestate property. 75-220; s. 3, ch. 2001-226. Does Florida Have a Small Estate Affidavit Process? The date of death and the address of the decedents last residence. Any rights or benefits under a will, trust, or power of appointment, unless the surviving spouse is provided for by name, whether or not designated as the spouse, in the will, trust, or power of appointment. The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock. Upon application of any interested person, to achieve the testators tax objectives the court may modify the terms of a will in a manner that is not contrary to the testators probable intent. If a person pays the value of the property on the date of a sale or exchange or contributes all of the property received, as provided in paragraph (2)(b): No further contribution toward satisfaction of the elective share shall be required with respect to that property. 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. Unless a contrary intent appears in the will, if a devisee who is a grandparent, or a descendant of a grandparent, of the testator: Is dead at the time of the execution of the will; Is required by the will or by operation of law to be treated as having predeceased the testator. Real property located in this state, other than homestead and real property held as tenants by the entirety, and personal property wherever located acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property and title to which was taken in a form which created rights of survivorship are presumed to be property to which these sections do not apply. 74-106; s. 107, ch. Award of fees and costs in elective share proceedings. A surviving person 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 decedent or another person on whose death such beneficiarys interest depends is not entitled to any benefits under the will of the decedent or the Florida Probate Code, and the estate of the decedent passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. 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. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph. 74-106; ss. s. 1, ch. Unless the waiver provides to the contrary, a waiver of all rights, or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver. The bond must be made payable to the Governor and his or her successors in office for the benefit of all persons who store electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs, and be conditioned on the faithful performance of all duties and obligations under this chapter. 2017-121. AFFIDAVIT UNDERSECTION 735.303, FLORIDA STATUTES,TO OBTAIN BANK PROPERTY OF DECEASEDACCOUNT HOLDER: (Name of decedent). Probate estate means all property wherever located that is subject to estate administration in any state of the United States or in the District of Columbia. If the surviving spouse validly waived his or her homestead rights as provided under s. 732.702 or otherwise under applicable law, but nevertheless receives an interest in the protected homestead, other than an interest described in s. 732.401, including an interest in trust, the value of the spouses interest is determined as property interests that are not protected homestead. A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. 75-220; s. 48, ch. 2002-1. A contractual venue provision between a qualified custodian and a testator is not valid or enforceable to the extent that it requires a specific jurisdiction or venue for any proceeding relating to the probate of an estate or the contest of a will. 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. A joint tenant 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 another joint tenant decedent thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedents sole property and as if the abuser, neglector, exploiter, or killer has no rights by survivorship. PDF PROBATE DIVISION IN RE: E-7 - Florida Courts Note. Case no. Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment. The decedents one-half of the property to which ss. 99-343; s. 24, ch. A qualified custodian who at any time maintains custody of the electronic record of an electronic will may elect to cease serving in such capacity by: Delivering the electronic will or the electronic record containing the electronic will to the testator, if then living, or, after the death of the testator, by filing the will with the court in accordance with s. 732.901; and. For the purpose of intestate succession by a natural or adoptive parent, a natural or adoptive parent is barred from inheriting from or through a child if the natural or adoptive parents parental rights were terminated pursuant to chapter 39 prior to the death of the child, and the natural or adoptive parent shall be treated as if the parent predeceased the child. 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. 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. (Type or print name of Decedent) (Decedent) died on (type or print the date of the Decedents death). s. 1, ch. s. 1, ch. 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. When awarding taxable costs and attorneys fees, the court may direct payment from a partys interest, if any, in the estate, or enter a judgment that may be satisfied from other property of the party, or both. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state. 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. Adoption of a child by a natural parents spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent. Please include even the names of relatives who were deceased at the time of the Decedent's death, indicating that they are deceased and specifying the date of death. Online notary public has the same meaning as provided in s. 117.201. Dissolution of marriage occurs at the time the decedents marriage is judicially dissolved or declared invalid by court order. Section 8, ch. A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testators death. Any part of the will is void if so procured, but the remainder of the will not so procured shall be valid if it is not invalid for other reasons. 732.216-732.228 apply, unless a written demand is made by a beneficiary within 3 months after service of a copy of the notice of administration on the beneficiary or by a creditor within 3 months after the first publication of the notice to creditors. 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. 2007-74; ss. When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. 4. Created from former ss. If the financial institution or insurance company has no offices in this state, the notice shall be directed to the principal office of the financial institution or insurance company. 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. After 2 years from the death of the decedent, neither the decedents estate nor those to whom it may be assigned shall be liable for any claim against the decedent, unless proceedings have been taken for the enforcement of the claim. As used in ss. Recipients of the decedents personal property under this section 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 on the date of distribution of the personal property actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida. In all actions brought under this section, the court must award taxable costs as in chancery actions, including attorney fees.