74-106; s. 113, ch. The family allowance is not chargeable against any benefit or share otherwise passing to the surviving spouse or to the dependent lineal heirs, unless the will otherwise provides. If the surviving spouse has an interest in a trust, or portion of a trust, which meets the requirements of an elective share trust, the value of the spouses interest is a percentage of the value of the principal of the trust, or trust portion, on the applicable valuation date as follows: One hundred percent if the trust instrument includes both a qualifying invasion power and a qualifying power of appointment. s. 1, ch. A security or other account registered in a transfer-on-death form. 75-220; s. 7, ch. A direction in the decedents will is effective only for revocable trusts. For the first request, the testator may not be charged a fee for being provided with these documents. 2017-121. Disposition of Personal Property Waiver & Consent. 2006-134; s. 5, ch. To be effective, notice to a financial institution or insurance company must contain the name, address, and the taxpayer identification number, or the account or policy number, of the principal obligee or person whose life is insured and shall be directed to an officer or a manager of the financial institution or insurance company in this state. 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. 732.216-732.228, the term homestead refers only to property the descent and devise of which is restricted by s. 4(c), Art. 117.05(5)(b)2.) 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. When the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. 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. s. 1, ch. s. 5, ch. PDF Florida Department of Highway Safety and Motor Vehicles Division of Any heir or devisee of the decedent who was lawfully entitled to share in the estate but who was not included in the order of summary administration and distribution may enforce all rights in appropriate proceedings against those who procured the order and, if successful, shall be awarded reasonable attorneys fees as an element of costs. 2007-74; s. 2, ch. 74-106; s. 39, ch. 2017-121. 75-220; s. 2, ch. 75-220; s. 14, ch. 97-102; s. 18, ch. By a subsequent will, codicil, or other writing executed with the same formalities required for the execution of wills declaring the revocation. Laura E. Roth Clerk of Circuit Court P.O. 2. 2007-74; s. 2, ch. 2017-121. The allowance shall not exceed a total of $18,000. Securities of another entity owned by the testator as a result of a merger, consolidation, reorganization, or other similar action initiated by the entity. The acknowledgment of the electronic will by the testator and the affidavits of the witnesses are made in accordance with s. 732.503 and are part of the electronic record containing the electronic will, or are attached to, or are logically associated with, the electronic will; The electronic will designates a qualified custodian; The electronic record that contains the electronic will is held in the custody of a qualified custodian at all times before being offered to the court for probate; and. 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 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. 731.10, 731.101, 731.11. 1, ch. If the debtor does not survive the decedent, the debt shall not be taken into account in computing the intestate share of the debtors heirs. (2) The decedent's death is the event that vests the heirs' right to the decedent's intestate property. 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. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA. Any part of a written instrument which makes a gift to a lawyer or a person related to the lawyer is void if the lawyer prepared or supervised the execution of the written instrument, or solicited the gift, unless the lawyer or other recipient of the gift is related to the person making the gift. 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. Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. On the date of the decedents death, the decedent was married to , who survived the decedent. 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. The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no . 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. 2003-261. Payor means any person obligated to make payment of the decedents interest in an asset upon the death of the decedent, and any other person who is in control or possession of an asset. SECTION 103. Section 319.28(1)(b), Florida Statutes, states: When the application for a Certificate of Title is made by an heir of a previous owner who died intestate, it shall not be necessary to accompany the application with an order of a probate court if the applicant files with the department an affidavit In order to receive the funds described in subsection (2), the family member must provide to the financial institution a certified copy of the decedents death certificate and a sworn affidavit that includes all of the following: A statement attesting that the affiant is the surviving spouse, adult child, adult descendant, or parent of the decedent. The elective share shall be in addition to homestead, exempt property, and allowances as provided in part IV. Statutes & Constitution :View Statutes : Online Sunshine 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. 2001-226. Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. Before the undersigned authority personally appeared (name of affiant) , of (residential address of affiant) , who has been . Statutes & Constitution :View Statutes : Online Sunshine Protection of payors and other third parties. 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. If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedents death per stirpes. 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. For purposes of this subparagraph, the term annual exclusion amount means the amount of one annual exclusion under s. 2503(b) or (c) of the Internal Revenue Code, as amended. My name is: _____, I am at least 18 years of age and The transfer of an interest in homestead property described in subsection (1) may not be treated as a devise of that interest even if: The transferor retains a separate legal or equitable interest in the homestead property, directly or indirectly through a trust or other arrangement such as a term of years, life estate, reversion, possibility of reverter, or fractional fee interest; The interest transferred does not become a possessory interest until a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, the death of the transferor; or. 97-102; s. 49, 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. 74-106; s. 11, ch. Antilapse; deceased devisee; class gifts. 80-203; s. 182, ch. 97-102. If, after the application of subsections (1), (2), and (3), the elective share is not fully satisfied, any remaining unsatisfied balance shall be satisfied from direct recipients of protected charitable lead interests, but only to the extent and at such times that contribution is permitted without disqualifying the charitable interest in that property for a deduction under the United States gift tax laws. 77-87; s. 961, ch. The court may order this allowance to be paid as a lump sum or in periodic installments. s. 8, ch. 117.05(5)(b)2.) 90-23; s. 45, ch. Most counties additionally require an "affidavit of heirs" from the petitioner listing all relatives . (h)The affiant understands that making a false statement in this affidavit may be punishable as a criminal offense. 2006-134; s. 7, ch. A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent. 98-246; s. 43, ch. 732.201-732.2145. 74-106; s. 8, ch. Devises and appointments in trust, including to a testamentary trust, are subject to s. 736.1106. s. 1, ch. The right of the specific devisee under this subsection is reduced by any right described in subsection (2). The family member may use an affidavit in substantially the following form to fulfill the requirements of subsection (3): The financial institution is not required to determine whether the contents of the sworn affidavit are truthful. 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. Devise includes a disposition by trust of that portion of the trust estate which, if titled in the name of the grantor of the trust, would be the grantors homestead. 2001-226; s. 6, ch. No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the provisions of s. 732.402, personal property exempt from the claims of creditors under the Constitution of Florida, and nonexempt personal property the value of which does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness. To the extent paid to or for the benefit of the surviving spouse, the decedents one-half of any property described in s. 732.2045(1)(f). 74-106; s. 19, ch. 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. s. 15, ch. 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. Payments made to an attorney, Florida-certified public accountant, or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney, Florida-certified public accountant, or private investigative agency in a financial institution authorized to accept such deposits and located in this state. 2002-1. The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001. . 2012-148; s. 6, ch. s. 15, ch. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries except that the joinder in a petition for summary administration is not required of a beneficiary who will receive a full distributive share under the proposed distribution. Unless the will provides otherwise, the property devised shall not be held under a testamentary trust of the testator but shall become a part of the principal of the trust to which it is devised. Affiant is a secondary beneficiary as that term is defined in Section 732.703, Florida Statutes.