Gifts to lawyers and other disqualified persons. A surviving parent of the decedent, and the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. 2007-74; s. 3, ch. Transfer tax value means the value the interest would have for purposes of the United States estate and gift tax laws if it passed without consideration to an unrelated person on the applicable valuation date. Electronic record has the same meaning as provided in s. 668.50. The rights and remedies granted in this section are in addition to any other rights or remedies a person may have at law or in equity. 2001-226. When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testators property equivalent to a childs part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless: It appears from the will that the omission was intentional; or. 3. 732.2025-732.2155, the term: Direct recipient means the decedents probate estate and any other person who receives property included in the elective estate by transfer from the decedent, including transfers described in s. 732.2035(9), by right of survivorship, or by beneficiary designation under a governing instrument. 2003-154. s. 1, ch. 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. 2, 45, ch. Sworn to and subscribed before me this day of by (name of affiant), who is personally known to me or produced as identification, and did take an oath. If ratification of the marriage is raised as a defense, the surviving spouse has the burden of establishing, by a preponderance of the evidence, the subsequent ratification by both spouses. Leon County Clerk of Court and Comptroller Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment. (Type or print name of Decedent) (Decedent) died on (type or print the date of the Decedents death). Payment to successor without court proceedings. Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance. 97-102; s. 34, ch. This is because under Florida Statutes 733.301 the following priority applies: the person nominated by the will, then the spouse, then the person nominated by a majority in interest of heirs, or the heir nearest in . After the application of subparagraph 1., the first annual exclusion amount of property transferred to or for the benefit of each donee during the 1-year period, but only to the extent the transfer qualifies for exclusion from the United States gift tax under s. 2503(b) or (c) of the Internal Revenue Code, as amended. 2. The decedent had a contingent right to receive principal, other than at the discretion of any person, which contingency was beyond the control of the decedent and which had not in fact occurred at the decedents death. Any transfer of property by the decedent made with the written consent of the decedents spouse. (Signature of Notary Public - State of Florida), (Print, Type, or Stamp Commissioned Name of Notary Public), My commission expires: (date of expiration of commission). The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them. Electronic will means a testamentary instrument, including a codicil, executed with an electronic signature by a person in the manner prescribed by this code, which disposes of the persons property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will. 92-200; s. 956, ch. 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. 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. Antilapse; deceased devisee; class gifts. The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805. 2003-261. 82-71. Statutes & Constitution :View Statutes : Online Sunshine Property which constitutes the protected homestead of the decedent if the surviving spouse validly waived his or her homestead rights as provided under s. 732.702, or otherwise under applicable law, and such spouse did not receive any interest in the protected homestead upon the decedents death. 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. 85-79, the substantive rights of all persons which have vested prior to October 1, 1985, shall be determined as provided in s. 732.402, Florida Statutes, 1983.. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 77-174; s. 180, ch. Change in securities; accessions; nonademption. 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. Aliens shall have the same rights of inheritance as citizens. The decedents ownership interest in accounts or securities registered in Pay On Death, Transfer On Death, In Trust For, or co-ownership with right of survivorship form. Descent shall be per stirpes, whether to descendants or to collateral heirs. Sources from which elective share payable; abatement. 75-220; s. 7, ch. PDF AFFIDAVIT OF HEIRS - Florida Courts 2010-132. Employee benefit plan means any funded or unfunded plan, program, or fund established by an employer to provide an employees beneficiaries with benefits that may be payable on the employees death. The Department of Legal Affairs shall represent the state in all proceedings concerning escheated estates. 2017-121. Upon the death of a married person, one-half of the property to which ss. Any part of the estate of a decedent not effectively disposed of by will passes to the decedents heirs as prescribed in the following sections of this code. If there is more than one trust to which this subsection could apply, 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 unsatisfied balance shall be apportioned pro rata to all such trusts in proportion to the value, as determined under s. 732.2095(2)(f), of the surviving spouses beneficial interests in the trusts. Any contract, agreement, or waiver executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where it was executed, whether or not he or she is a Florida resident at the time of death. 74-106; s. 8, ch. 89-340; s. 179, ch. 74-106; s. 43, ch. 2006-1; s. 6, ch. 97-102; s. 35, ch. 2009-115. 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. Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. 75-220; s. 1, ch. Small Estate Affidavit Florida - EXPLAINED Watch on How to Write Download: Adobe PDF Florida Court Information (1) County Name. For this purpose, contribution percentage means the remaining unsatisfied balance of the trust or estate at the time of the distribution divided by the value of the trust or estate as determined under s. 732.2055. 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. If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedents paternal, and the other half to the decedents maternal, kindred in the following order: To the grandfather and grandmother equally, or to the survivor of them. A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable. 75-220; s. 3, ch. The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. For purposes of ss. Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will. 2002-82; s. 31, ch. s. 1, 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. The elective share is an amount equal to 30 percent of the elective estate. 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. The personal representative has no duty to discover whether any property held by the surviving spouse is property to which ss. 2010-132. As used in this section, unless the context requires otherwise, the term: Asset, when not modified by other words or phrases, means an asset described in subsection (3), except as provided in paragraph (4)(j). 2006-303; s. 8, ch. E-7-Affidavit of Heirs Last Revised 12/07/2021 (AFHR) Page 1 of 4. AFFIDAVIT UNDERSECTION 735.303, FLORIDA STATUTES,TO OBTAIN BANK PROPERTY OF DECEASEDACCOUNT HOLDER: (Name of decedent). In order for the family/heirs to take control of a decedent's probate assets, Florida generally has three types of probate to discuss: An electronic will that is filed electronically with the clerk of the court through the Florida Courts E-Filing Portal is deemed to have been deposited with the clerk as an original of the electronic will. 2001-226. 2001-226; s. 145, ch. 97-102; s. 49, ch. Summary administration; nature of proceedings. If the relative was deceased at the time of the decedent's death, please provide the deceased relative's name, indicate deceased, and date of death. 75-220; s. 10, ch. 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. 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. A will or codicil, other than an electronic will, is revoked by the testator, or some other person in the testators presence and at the testators direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation. 2012-148; s. 6, ch. The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805. History.s. If the title to any property to which ss. 77-174; s. 14, ch. Statutes & Constitution :View Statutes : Online Sunshine Checklist for Closing Estate. A person who receives an interest in the asset upon the death of the decedent due to the death of another beneficiary prior to the decedents death is also a primary beneficiary.