Florida Summary: Under Florida statute, where as estate is valued at less than $75,000, or the decedent has been dead for more than two years, any beneficiary of the estate may file a petition for summary administration of the estate. 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). 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. 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. s. 9, ch. A parent of the decedent if the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. Forms and Assistance. For purposes of this subsection, value is determined on the applicable valuation date as defined in s. 732.2095(1)(a). Bona fide purchasers for value from those to whom personal property of the decedent has been paid, transferred, delivered, or assigned shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries or heirs at law of the decedent. 75-220; s. 14, ch. 75-220; s. 3, ch. Laura E. Roth Clerk of Circuit Court P.O. 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. 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 . 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. 75-220; s. 15, ch. Electronic record has the same meaning as provided in s. 668.50. 97-102; s. 32, ch. 74-106; s. 112, ch. X of the State Constitution. s. 8, ch. Within each of the classes described in s. 732.2075(2)(b) and (c), each direct recipient is liable in an amount equal to the value, as determined under s. 732.2055, of the proportional part of the liability for all members of the class. Who is an heir in Florida? - Richert Quarles 75-220; s. 50, ch. The affidavit must be signed and verified by the surviving spouse, if any, and any heirs at law, except that joinder in the affidavit is not required of an heir who will receive a full intestate share under the proposed distribution of the personal property. 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. 99-343; s. 3, ch. If any lineal heir is not living with the surviving spouse, the allowance may be made partly to the lineal heir or guardian or other person having the heirs care and custody and partly to the surviving spouse, as the needs of the dependent heir and the surviving spouse appear. The affidavit of heirs is a sworn statement that an individual signs to provide information about the deceased's property. Liability coverage; receivership of qualified custodians. A joint tenant 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 another joint tenant decedent thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedents sole property and as if the abuser, neglector, exploiter, or killer has no rights by survivorship. s. 15, ch. 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. Before the undersigned authority personally appeared (name of affiant), of (residential address of affiant), who has been sworn and says the following statements are true: (a)The affiant is (initial one of the following responses): A surviving adult child of the decedent, and the decedent left no surviving spouse. The decedents beneficial interest in the net cash surrender value immediately before death of any policy of insurance on the decedents life. If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated exempt property.. 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. When awarding taxable costs and attorney fees under this section, the court may direct payment from a partys interest in the estate or trust, or enter a judgment that may be satisfied from other property of the party, or both. 74-106; s. 113, ch. Debtors of the decedent, those holding property of the decedent, and those with whom securities or other property of the decedent are registered are authorized and empowered to comply with the order by paying, delivering, or transferring to those specified in the order the parts of the decedents estate assigned to them by the order, and the persons so paying, delivering, or transferring shall not be accountable to anyone else for the property. 75-220; s. 6, 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. 97-102; s. 38, ch. s. 10, ch. PROBATE DIVISION. 74-106; s. 19, ch. 75-220; s. 14, ch. For purposes of this section, the term lineal heir or lineal heirs means lineal ascendants and lineal descendants of the decedent. 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. In all actions brought under this section, the court shall award taxable costs as in chancery actions, including attorneys fees. The rules of construction expressed in this part shall apply unless a contrary intention is indicated by the will. 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. In the course of maintaining custody of electronic wills, regularly employ a secure system and store in such secure system electronic records containing: Records attached to or logically associated with electronic wills; and. 2, 45, ch. 74-106; s. 38, ch. (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). 77-87. If the petition is timely filed, the time for making the election shall be extended for at least 30 days after the rendition of the order allowing the election. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution. Except as provided in subsection (3), the personal representative shall collect contribution from the recipients of the elective estate as provided in the courts order of contribution. 117.05(5)(b)2.) 85-79, provides in pertinent part that with respect to s. 3, ch. (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this code. s. 15, ch. A personal representative who has the duty under this section of enforcing contribution may be relieved of that duty by an order of the court finding that it is impracticable to enforce contribution in view of the improbability of obtaining a judgment or the improbability of collection under any judgment that might be obtained, or otherwise. 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). 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. 2017-121. 2006-1; s. 6, ch. 97-102; s. 8, ch. 74-106; s. 11, ch. 2017-121. Before the filing of the affidavit, the affiant must make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, and the proposed distribution must make provision for payment of those creditors to the extent that assets are available or the creditors must consent to the proposed distribution. 2001-226. 2009-115; s. 16, ch. 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). 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. 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. 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. 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 surviving spouse, descends as follows: If there is no descendant, to the decedents father and mother equally, or to the survivor of them. Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes. For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mothers family. 74-106; s. 9, ch. 75-220; s. 12, ch. 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. A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officers certificate attached to or following the will, in substantially the following form: A will or codicil made self-proved under former law, or executed in another state and made self-proved under the laws of that state, shall be considered as self-proved under this section. To serve as a qualified custodian of an electronic will, a person must be: Domiciled in and a resident of this state; or. s. 7, ch. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouses probable lifetime. You can find the rules governing Florida probate proceedings in the Florida Probate Rules, Part I and Part II (Rules 5.010-5.530). Appointment includes an alternative appointment and an appointment in the form of a class gift. Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. Award of fees and costs in elective share proceedings. 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. 2001-226; s. 13, ch. Chapter 732 Section 103 - 2021 Florida Statutes - The Florida Senate 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. 2001-226; s. 4, ch. If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above. SECTION 103. 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. When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless: Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement; The spouse is provided for in the will; or. Only direct recipients of property included in the elective estate and the beneficiaries of the decedents probate estate or of any trust that is a direct recipient, are liable to contribute toward satisfaction of the elective share. 81-238; s. 3, ch. 2001-226. Any proceeds unpaid at death on fire or casualty insurance on the property. 2001-226. 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. If the surviving spouse validly waived his or her homestead rights as provided under s. 732.702 or otherwise under applicable law, but nevertheless receives an interest in the protected homestead, other than an interest described in s. 732.401, including an interest in trust, the value of the spouses interest is determined as property interests that are not protected homestead. This section applies to wills of decedents who die on or after June 29, 2021. s. 1, 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. 99-343; s. 22, ch. No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share. For purposes of this subsection, a protected charitable interest is any interest for which a charitable deduction with respect to the transfer of the property was allowed or allowable to the decedent or the decedents spouse under the United States gift or income tax laws. ALSO: PETITION DESIGNATING A RESTRICTED DEPOSITORY UNDER FLORIDA STATUTE 69.031 FOR CASH ASSETS WITH PROPOSED ORDER DESIGNATING THE DEPOSITORY (UNLESS ALREADY ON FILE). 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. A statement attesting that 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. 99-343; s. 21, ch. The fact that an individual's name appears in the list of heirs in an Affidavit of Heirs does not guarantee that this person will receive anything from the decedent's estate. Nothing in this section limits the independent right of the surviving spouse to collect the elective share as provided in the order of contribution, and that right is hereby conferred. 2002-387; s. 5, ch. The proceeds of any policy of insurance on the decedents life in excess of the net cash surrender value of the policy whether payable to the decedents estate, a trust, or in any other manner. 2019-71. 2001-226. Persons entitled to exempt property shall be deemed to have waived their rights under this section unless a petition for determination of exempt property is filed by or on behalf of the persons entitled to the exempt property on or before the later of the date that is 4 months after the date of service of the notice of administration or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the estate subject to this section. 731.10, 731.101, 731.11.