732.2035 and 732.2075, to the person who would have been entitled to it were that section or part of that section not preempted. 92-200; s. 32, ch. 97-102; s. 32, ch. Upon receiving information that the testator is dead, a qualified custodian must deposit the electronic will with the court in accordance with s. 732.901. 117.05(5)(b)2.) Within the period provided in subsection (1), or 40 days after the date of termination of any proceeding which affects the amount the spouse is entitled to receive under s. 732.2075(1), whichever is later, but no more than 2 years after the decedents death, the surviving spouse or an attorney in fact or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election. A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. 2001-226; s. 1896, ch. 2020-2. This section does not affect the ownership of an interest in an asset as between the former spouse and any other person entitled to such interest by operation of this section, the rights of any purchaser for value of any such interest, the rights of any creditor of the former spouse or any other person entitled to such interest, or the rights and duties of any insurance company, financial institution, trustee, administrator, or other third party. Sections 732.216-732.228 apply to the disposition at death of the following property acquired by a married person: Personal property, wherever located, which: Was acquired as, or became and remained, community property under the laws of another jurisdiction; Was acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, community property; or. 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. The qualified custodian who has custody of the electronic will at the time of the testators death certifies under oath that, to the best knowledge of the qualified custodian, the electronic record that contains the electronic will was at all times before being offered to the court in the custody of a qualified custodian in compliance with s. 732.524 and that the electronic will has not been altered in any way since the date of its execution. 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. In the case of an asset described in paragraph (3)(a), paragraph (3)(b), or paragraph (3)(c), unless payment or transfer would violate a court order directed to, and served as required by law on, the payor: If the governing instrument does not explicitly specify the relationship of the beneficiary to the decedent or if the governing instrument explicitly provides that the beneficiary is not the decedents spouse, the payor is not liable for making any payment on account of, or transferring any interest in, the asset to the beneficiary. IN RE: ESTATE OF . s. 3, 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. As used in ss. 732.41 and 732.602. The qualified custodian of the electronic record of an electronic will may elect to destroy such record, including any of the documentation required to be created and stored under paragraph (2)(a), at any time after the earlier of the fifth anniversary of the conclusion of the administration of the estate of the testator or 20 years after the death of the testator. 2006-134; s. 5, ch. In determining the amount of the remaining unsatisfied balance, the effect, if any, of any change caused by the operation of this subsection in the value of the spouses beneficial interests in property described in paragraphs (1)(a) and (b) shall be taken into account, including, if necessary, further recalculations of the value of those beneficial interests. 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 court may award taxable costs as in chancery actions, including attorney fees, in any proceeding under this part in which there is an objection to or dispute over: The entitlement to or the amount of the elective share; The property interests included in the elective estate, or its value; or. 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. That he or she has previously signed the will, or. 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. Notwithstanding anything in s. 732.2045(1)(a) to the contrary, any trust created by the decedent before the effective date of ss. s. 1, ch. s. 1, ch. s. 1, ch. 732.521-732.525, the term: Audio-video communication technology has the same meaning as provided in s. 117.201. 2017-121. A will is void if the execution is procured by fraud, duress, mistake, or undue influence. 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. If the dissolution of marriage judgment expressly provides otherwise. 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. If there is none of the foregoing, to the decedents brothers and sisters and the descendants of deceased brothers and sisters. 2001-226; s. 29, ch. The right of the specific devisee under this subsection is reduced by any right described in subsection (2). 2001-226. 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. In the case of property distributed to the surviving spouse by the personal representative, the date of distribution. 74-106; s. 21, ch. s. 1, ch. The decedents interest in the asset shall pass as if the decedents former spouse predeceased the decedent. This section applies to wills of decedents who die on or after June 29, 2021. s. 1, ch. 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. 99-343; s. 26, ch. (3) File Number. 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. 2001-226. (Print, type, or stamp commissioned name and affix official seal). 74-106; s. 21, 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. An individual or class member who was deceased at the time the testator executed his or her will as well as an individual or class member who was then living but who failed to survive the testator. In the case of any policy of insurance on the decedents life the proceeds of which are payable outright or to a trust described in paragraph (d), paragraph (e), or paragraph (f), the value of the policy for purposes of s. 732.2075 and paragraphs (d), (e), and (f) is the net proceeds. 2001-226. The paternity of the father is acknowledged in writing by the father. s. 1, ch. 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. 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 secondary beneficiary upon delivery to the payor of an affidavit validly executed by the secondary beneficiary in substantially the following form: In the case of an asset described in paragraph (3)(d), paragraph (3)(e), or paragraph (3)(f), the payor is not liable for making any payment on account of, or transferring any interest in, the asset to any beneficiary. Disposition of Personal Property Without Administration - Verified Statement. The testators name must be subscribed at the end of the will by some other person in the testators presence and by the testators direction. 75-220; s. 2, ch. 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 . Such language may not be considered a waiver of the restrictions against alienation by mortgage, sale, gift, or deed without the joinder of the owners spouse. 97-102; s. 42, ch. Descent shall be per stirpes, whether to descendants or to collateral heirs. In the case of amounts includable under s. 732.2035(8), the transfer tax value of the amounts on the date of the decedents death. 74-106; s. 112, ch. The requirement for court approval shall not apply if the aggregate value of all property in all qualifying special needs trusts for the spouse is less than $100,000. ESTATES AND TRUSTS. 75-220; s. 966, ch. A class member if the devise is in the form of a class gift. 75-220; s. 7, ch. A direction in the decedents will is effective only for revocable trusts. 75-220; s. 969, ch. If the title to any property to which ss. If affiant is not the surviving spouse, affiant is the surviving spouses attorney in fact or guardian of the property, and an order has been rendered by a court having jurisdiction of the real property authorizing the undersigned to make this election. 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. 92-200; s. 972, ch. 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. Any 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 more than 2 business days before payment it receives at its home office or principal address written notice, or in the case of a financial institution it receives notice in accordance with s. 655.0201, of a claim under this section. 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. In the case of amounts payable to the surviving spouse under any plan or arrangement described in s. 732.2035(8), the date of the decedents death. 1, ch. If the title to any property to which ss. Words of survivorship used by the donor of the power in a power to appoint to an individual, such as the term if he survives the donee or if she survives the donee, or in a power to appoint to the donees then surviving children, are a sufficient indication of an intent contrary to the application of subsection (2). 2021-205. If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent. 2001-226; s. 2, ch. The qualified custodian shall be liable for any damages caused by the negligent loss or destruction of the electronic record, including the electronic will, while it is in the possession of the qualified custodian. Sections 732.216-732.228 do not prevent married persons from severing or altering their interests in property to which these sections apply. Devise also includes an alternative devise and a devise in the form of a class gift. 99-343; s. 21, ch. A qualified custodian may not limit liability for such damages. The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805. s. 1, ch. 97-102; s. 58, 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: 75-220; s. 6, ch. 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. To the extent that controlling federal law provides otherwise; If the governing instrument is signed by the decedent, or on behalf of the decedent, after the order of dissolution or order declaring the marriage invalid and such governing instrument expressly provides that benefits will be payable to the decedents former spouse; To the extent a will or trust governs the disposition of the assets and s. 732.507(2) or s. 736.1105 applies; If the order of dissolution or order declaring the marriage invalid requires that the decedent acquire or maintain the asset for the benefit of a former spouse or children of the marriage, payable upon the death of the decedent either outright or in trust, only if other assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist upon the death of the decedent; If, under the terms of the order of dissolution or order declaring the marriage invalid, the decedent could not have unilaterally terminated or modified the ownership of the asset, or its disposition upon the death of the decedent; If the designation of the decedents former spouse as a beneficiary is irrevocable under applicable law; If the governing instrument is governed by the laws of a state other than this state; To an asset held in two or more names as to which the death of one co-owner vests ownership of the asset in the surviving co-owner or co-owners; If the decedent remarries the person whose interest would otherwise have been revoked under this section and the decedent and that person are married to one another at the time of the decedents death; or. May be administered in the same manner as other estates. That another person has subscribed the testators name to it. In the application of paragraph (a), the proportional part of all property received is determined separately for each class of priority under s. 732.2075(2). 2001-226; s. 14, ch. If specifically devised property is sold by a guardian of the property or if a condemnation award or insurance proceeds are paid to a guardian of the property, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. 74-106; s. 113, ch. Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject of these sections among those states which enact them. 2003-261. Call us at (352) 354-2654 if you have questions about property that may be subject to probate. A life insurance policy, annuity, or other similar contract that is not held within an employee benefit plan or a tax-qualified retirement account. The contestant has the burden of establishing, by a preponderance of the evidence, that the marriage was procured by fraud, duress, or undue influence. The proceeds of a sale or creation of a security interest must be treated as the property transferred to the purchaser for value or a lender. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution. Sections 732.201-732.2155 do not affect any interest in property held, as of the decedents death, in a trust, whether revocable or irrevocable, if: The property was an asset of the trust at all times between October 1, 1999, and the date of the decedents death; The decedent was not married to the decedents surviving spouse when the property was transferred to the trust; and. Share of other heirs. 97-102; s. 59, ch. Every will must be in writing and executed as follows: The testator must sign the will at the end; or. 77-87; s. 269, ch. 2009-115; s. 9, ch. 732.216-732.228, the term homestead refers only to property the descent and devise of which is restricted by s. 4(c), Art. a substitute gift is created in the devisees surviving descendants who take per stirpes the property to which the devisee would have been entitled had the devisee survived the testator. 2002-1. An entire revocation of the trust by an instrument in writing before the testators death shall invalidate the devise or bequest. 75-220; s. 7, ch. 74-106; s. 113, ch. Any other property or interest acquired as a result of the abuse, neglect, exploitation, or manslaughter must be returned in accordance with this section. 2010-132; s. 3, ch. 2001-226. The policy must cover losses of at least $250,000 in the aggregate. The death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other event must happen before a devise vests. 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. 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. A specific devisee has the right to the remaining specifically devised property and: Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus any security interest. 2001-226; s. 107, ch. In the case of other property included under s. 732.2035(9), the fair market value of the property on the date of the termination or transfer, computed after deducting any mortgages, liens, or security interests on the property as of that date. In determining whether ss. If a surviving spouse or descendant of the decedent requests a copy of the affidavit during such time, the financial institution may provide a copy of the affidavit to the requesting surviving spouse or descendant of the decedent. The order of summary administration and distribution so entered shall have the following effect: Those to whom specified parts of the decedents estate, including exempt property, are assigned by the order shall be entitled to receive and collect the parts and to have the parts transferred to them.
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