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. Now, if you don't have a will, the court will require an affidavit of heirs. 85-79; s. 67, ch. For purposes of this document, you must list ALL RELATIVES of the decedent, including yourself, if applicable. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA. The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will. 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. Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage. 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. 87-226; s. 51, ch. Affidavit of Heirs. The Affidavit of Heirs should list the names, ages, and addresses of the decedent's relatives, and it should indicate the date of death of any deceased relatives. Valuation of property used to satisfy elective share. Any immunity from the presumption of undue influence that a surviving spouse may have under state law. 75-220; s. 12, ch. Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. Governing instrument means any writing or contract governing the disposition of all or any part of an asset upon the death of the decedent. 97-102; s. 47, ch. s. 1, ch. When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and the other part of the half blood, those of the half blood shall inherit only half as much as those of the whole blood; but if all are of the half blood they shall have whole parts. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61. Any additional or other securities of the same entity owned by the testator because of action initiated by the entity, excluding any acquired by exercise of purchase options. In addition to protected homestead and statutory entitlements, if the decedent was domiciled in Florida at the time of death, the surviving spouse and the decedents lineal heirs the decedent was supporting or was obligated to support are entitled to a reasonable allowance in money out of the estate for their maintenance during administration. Any transfer of property by the decedent to the extent the decedent received adequate consideration in money or moneys worth for the transfer. s. 1, ch. s. 15, ch. Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedents lifetime. 97-102; s. 40, ch. In order for the family/heirs to take control of a decedent's probate assets, Florida generally has three types of probate to discuss: Chapter 732 PROBATE CODE: INTESTATE SUCCESSION AND WILLS Entire Chapter. s. 10, ch. The personal representative shall not be liable for failure to attempt collection if the attempt would have been economically impracticable. 74-106; s. 113, ch. Sworn to or affirmed before me by means of physical presence or online notarization by the affiant who is personally known to me or has produced (state type of identification) as identification this day of (month), (year). 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. To the extent paid to or for the benefit of the surviving spouse, the proceeds of any term or other policy of insurance on the decedents life if, at the time of decedents death, the policy was owned by any person other than the surviving spouse. 4. 2002-82; s. 151, ch. 75-220; s. 1, ch. At any time, as directed by a court of competent jurisdiction. An Affidavit of Heirs or Affidavit of Heirship is a sworn statement, given under oath, that identifies the relatives who may be the heirs of a person who passes away. Affiant is a secondary beneficiary as that term is defined in Section 732.703, Florida Statutes. 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. 2001-226; s. 4, ch. They may maintain actions to enforce the right. 2013-172. Notice shall be effective when given, except that notice to a financial institution or insurance company is not effective until 5 business days after being given. 2010-132. 2001-226; s. 145, ch. Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1, ch. Killer not entitled to receive property or other benefits by reason of victims death. 2017-121. 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. Any rights or benefits under a bond, life insurance policy, or other contractual arrangement if the decedent is the principal obligee or the person upon whose life the policy is issued, unless the surviving spouse is provided for by name, whether or not designated as the spouse, in the bond, life insurance policy, or other contractual arrangement. Affiant is a primary beneficiary as that term is defined in Section 732.703, Florida Statutes. 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. 75-220; s. 965, ch. Person includes an individual, trust, estate, partnership, association, company, or corporation. This section does not affect the rights of any person who purchases property for value and without notice from the abuser, neglector, exploiter, or killer before rights have been adjudicated in accordance with this section. That he or she has previously signed the will, or. A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. For this purpose, a general power to appoint by will is a qualifying power of appointment if the power may be exercised by the spouse in favor of the spouses estate without the consent of any other person. 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. The Florida County where this petition will be filed must be named at the top of the page. s. 14, ch. 2020-2. 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). 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. The elective share is an amount equal to 30 percent of the elective estate. An 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, before payment, it received written notice of a claim pursuant to this section. 99-343; s. 27, ch. 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. 97-102. By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.. 75-220; s. 12, ch. Every will must be in writing and executed as follows: The testator must sign the will at the end; or. AFFIDAVIT OF HEIRS For purposes of this affidavit, you must list ALL RELATIVES of the Decedent, including yourself, if applicable. Antilapse; deceased devisee; class gifts. Revocable trust means a trust that is includable in the elective estate under s. 732.2035(5). Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph. s. 1, ch. 82-71. 77-174; s. 2, ch. 97-102; s. 18, ch. Any heir at law of the decedent entitled to a share of the intestate estate pursuant to s. 732.102 or s. 732.103 may by affidavit request distribution of assets of the decedent through informal application under this section. 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. 74-106; s. 9, ch. A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies. 88-340; s. 46, ch. Provide access to or information concerning the electronic will, or the electronic record containing the electronic will, only: To persons authorized by the testator in the electronic will or in written instructions signed by the testator with the formalities required for the execution of a will in this state; After the death of the testator, to the testators nominated personal representative; or. However, formal notice of the petition must be served on a beneficiary not joining in the petition. s. 1, ch. 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. 99-343; s. 24, ch. 2001-226; s. 8, ch. 77-87; s. 56, ch. 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. 2017-121. 75-74; s. 113, ch. 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. 77-174; s. 14, ch. Sources from which elective share payable; abatement. Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death. Because the trust has been amended or revoked in part after execution of the will or a codicil to it. Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue. To serve as a qualified custodian of an electronic will, a person must be: Domiciled in and a resident of this state; or. Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes. 74-106; s. 44, ch. 2021-205. 74-106; s. 113, ch. 99-343; s. 25, ch. This subsection does not apply if, subsequent to the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by 1 year. s. 5, ch. (1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only . 732.216-732.228 apply. 2006-217. 2001-226. In the application of this subsection, a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement shall be treated as a right to that portion of the income of the property necessary to equal the annuity, unitrust, or other payment. 732.201-732.2145. Except as provided in s. 732.2045, the elective estate consists of the sum of the values as determined under s. 732.2055 of the following property interests: The decedents interest in property which constitutes the protected homestead of the decedent. For purposes of this subsection, value is determined on the applicable valuation date as defined in s. 732.2095(1)(a). 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. 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. 77-174; s. 16, ch. Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedents property and the killer has no rights by survivorship. An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk. The department shall not be civilly or criminally liable for any proceeds distributed pursuant to this subsection, provided such distribution is made in good faith. It may be altered by the testator after its preparation. 2021 Florida Statutes (Including 2021B Session) ESTATES AND TRUSTS. s. 1, ch. 97-102; s. 32, ch. Because of any of the provisions of s. 689.075. My name is: _____, I am at least 18 years of age and This section does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section. 97-102; s. 34, ch. s. 1, ch. All benefits paid pursuant to s. 112.1915. 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. For this purpose, decedents fractional interest in property means the value of the property divided by the number of tenants. Summary administration may be had in the administration of either a resident or nonresident decedents estate, when it appears: In a testate estate, that the decedents will does not direct administration as required by chapter 733. Devise also includes an alternative devise and a devise in the form of a class gift. 75-220; s. 968, ch. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004. s. 1, ch. Has an affidavit of heirs been filed in this Intestate estate? This section applies to all proceedings commenced on or after July 1, 2017, without regard to the date of the decedents death. 74-106; s. 36, ch. 74-106; s. 21, ch. (g)The affiant understands that he or she is personally liable to the creditors of the decedent and other persons rightfully entitled to the funds under the Florida Probate Code, to the extent the amount paid exceeds the amount properly attributable to the affiants share. 75-220; s. 1, ch. 74-106; ss. 74-106; s. 3, ch. Such an agreement 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 the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death. 74-106; s. 108, ch. The decedent, , died on . 79-400; s. 52, ch. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state. 75-220; s. 955, ch. As used in this subsection, the term income has the same meaning as that provided in s. 643(b) of the Internal Revenue Code, as amended, and regulations adopted under that section. Before the undersigned authority personally appeared (name of affiant) , of (residential address of affiant) , who has been . 2001-226; s. 4, ch. 75-220; s. 14, ch. Attorney fees and costs may not be awarded against a party who, in good faith, initiates an action under this section to declare a gift void. If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate. 92-200; s. 957, ch. 2007-74; s. 2, ch. A petition by an attorney in fact or by a guardian of the property of the surviving spouse for approval to make the election must be filed within 6 months after the decedents death and during the surviving spouses lifetime. IN RE: ESTATE OF . 2001-226. 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. 75-220; s. 53, 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.

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