s. 14, ch. 2001-226. Any person, firm, or corporation paying, delivering, or transferring property under the authorization shall be forever discharged from liability thereon. Any person competent to be a witness may act as a witness to a will. 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. A paper copy of an electronic will which is certified by a notary public to be a true and correct copy of the electronic will may be offered for and admitted to probate and shall constitute an original of the electronic will. If a surviving spouse has apparent title to property to which ss. Electronic signature means an electronic mark visibly manifested in a record as a signature and executed or adopted by a person with the intent to sign the record. A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness. In the case of transfers in satisfaction of the elective share, the date of the decedents death. (h)The affiant understands that making a false statement in this affidavit may be punishable as a criminal offense. 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. The total amount in all qualified accounts held by the decedent in all financial institutions known to the affiant does not exceed an aggregate total of $1,000. A general residuary clause in a will, or a will making general disposition of all the testators property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to include the property subject to the power. When two or more beneficiaries are designated to take successively by reason of survivorship under another persons disposition of property and there is insufficient evidence that the beneficiaries died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal parts as there are successive beneficiaries and the parts shall be distributed to those who would have taken if each designated beneficiary had survived. For purposes of this section, the term lineal heir or lineal heirs means lineal ascendants and lineal descendants of the decedent. In the case of property described in s. 732.2035(2), (3), or (4), the date of the decedents death. 732.216-732.228 apply unless a written demand is made by the surviving spouse or the spouses successor in interest within 3 months after service of a copy of the notice of administration on the surviving spouse or the spouses successor in interest. The probate court in which the decedents estate is being administered has no duty to discover whether property held by the decedent is property to which ss. Real property, except real property held as tenants by the entirety, which is located in this state, and which: Was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as, or which became and remained, community property under the laws of another jurisdiction; or. 2009-115. 97-102; s. 8, ch. If the death certificate is silent as to the decedents marital status at the time of his or her death, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to the primary beneficiary upon delivery to the payor of an affidavit validly executed by the primary beneficiary in substantially the following form: (type or print the date of the Decedents death). 75-220; s. 1, ch. Any amount of the elective share not satisfied within 2 years of the date of death of the decedent shall bear interest at the statutory rate until fully satisfied, even if an order of contribution has not yet been entered. 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. 2020-2. 82-71. 74-106; s. 113, ch. For purposes of this subsection, fair market value shall be calculated by deducting from the total value of the property all mortgages, liens, and security interests to which the protected homestead is subject and for which the decedent is liable, but only to the extent that such amount is not otherwise deducted as a claim paid or payable from the elective estate. 2021-183. Perfection of title of personal representative or beneficiary. The Attorney General may petition a court of competent jurisdiction for the appointment of a receiver to manage the electronic records of a qualified custodian for proper delivery and safekeeping if any of the following conditions exist: The qualified custodian is ceasing operation; The qualified custodian intends to close the facility and adequate arrangements have not been made for proper delivery of the electronic records in accordance with this part; The Attorney General determines that conditions exist which present a danger that electronic records will be lost or misappropriated; or. 74-106; s. 8, ch. 74-106; s. 17, ch. s. 1, ch. s. 1, ch. Except as provided in paragraph (d), for purposes of this subsection: A termination with respect to a right or interest in property occurs when the decedent transfers or relinquishes the right or interest, and, with respect to a power over property, a termination occurs when the power terminates by exercise, release, lapse, default, or otherwise. Any unsatisfied contribution is treated as additional unsatisfied balance and reapportioned to other recipients as provided in s. 732.2075 and this section. Property specifically or demonstratively devised by the decedents will to any devisee shall not be included in exempt property. 75-220; s. 18, ch. Effective date; effect of prior waivers; transition rules. All costs, damages, and a reasonable attorneys fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will. 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. Gifts to lawyers and other disqualified persons. A qualified custodian may not charge a fee for depositing the electronic will with the clerk, provided the affidavit is made in accordance with s. 732.503, or furnishing in writing any information requested by a court under paragraph (2)(b). 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. 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. 87-226; s. 51, ch. 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. 2017-121. 75-220; s. 9, ch. AFFIDAVIT OF HEIRS For purposes of this document, you must list ALL RELATIVES of the decedent, including yourself, if applicable. 732.216-732.228, the term homestead refers only to property the descent and devise of which is restricted by s. 4(c), Art. Yes No Has a copy of property Tax or utility bill been filed in support of Homestead? (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). Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. 74-106; s. 29, ch. 2001-226; s. 13, ch. An action to contest the validity of all or part of a will or the revocation of all or part of a will may not be commenced before the death of the testator. He also has a deceased brother who had one child (Fred's nephew). The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001. In the case of other property irrevocably transferred to or for the benefit of the surviving spouse during the decedents life, the date of the transfer. 2019-71. No administration shall be required or formal proceedings instituted upon the estate of a decedent who has died intestate leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Florida Constitution, and nonexempt personal property the value of which does not exceed the sum of $10,000 and the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness, provided the decedent has been deceased for more than 1 year and no administration of the decedents estate is pending in this state. Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment. 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 . 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. Upon the filing of the petition for summary administration, the will, if any, shall be proved in accordance with chapter 733 and be admitted to probate. Property determined as exempt under this section shall be excluded from the value of the estate before residuary, intestate, or pretermitted or elective shares are determined. s. 1, ch. Distribution by the attorney, Florida-certified public accountant, or private investigative agency to the person entitled to the proceeds shall be made within 10 days following final credit of the deposit into the trust or escrow account at the financial institution, unless a party to the agreement protests the distribution in writing before it is made. 2006-217; s. 159, ch. 74-106; s. 113, ch. The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills. 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. Securities of another entity owned by the testator as a result of a merger, consolidation, reorganization, or other similar action initiated by the entity. s. 15, ch. The court may provide that the modification has retroactive effect. That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years. 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. The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse. Payor means an insurer, business entity, employer, government, governmental agency or subdivision, or any other person, other than the decedents personal representative or a trustee of a trust created by the decedent, authorized or obligated by law or a governing instrument to make payments. 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.
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