Acknowledgments of the electronic wills by testators, affidavits of the witnesses, and the records described in s. 117.245(1) and (2) which pertain to the online notarization. Killer not entitled to receive property or other benefits by reason of victims 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. 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. This subsection does not invalidate a provision of a will: Executed by the testator after the dissolution of the marriage; If there is a specific intention to the contrary stated in the will; or. Online notary public has the same meaning as provided in s. 117.201. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. 2001-226. The Complete Guide to Florida Probate - 2023 2001-226; s. 6, ch. 77-174; s. 180, ch. Any of the rights or benefits listed in paragraphs (1)(a)-(c) which would have passed solely by virtue of the marriage to a surviving spouse who is found to have procured the marriage by fraud, duress, or undue influence shall pass as if the spouse had predeceased the decedent. 75-220; s. 10, ch. Aliens shall have the same rights of inheritance as citizens. Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. The court shall determine the elective share and contribution. (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). The value of amounts payable to or for the benefit of any person by reason of surviving the decedent under any public or private pension, retirement, or deferred compensation plan, or any similar arrangement, other than benefits payable under the federal Railroad Retirement Act or the federal Social Security System. s. 1, ch. 117.05(5)(b)2.) Maintain a liability insurance policy that covers any losses sustained by any person who stores electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs which are caused by errors or omissions by the qualified custodian and each agent or employee of the qualified custodian. . 2001-226; s. 13, ch. 2001-226. Sections 732.216-732.228 may be cited as the Florida Uniform Disposition of Community Property Rights at Death Act.. as identification, by means of physical presence or online notarization; and (type or print name of second witness) who is personally known to me or has produced (state type of identificationsee s. 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. If the surviving spouse has an interest in a trust that does not meet the requirements of either an elective share trust or a qualifying special needs trust, the value of the spouses interest is the transfer tax value of the interest on the applicable valuation date; however, the aggregate value of all of the spouses interests in the trust shall not exceed one-half of the value of the trust principal on the applicable valuation date. 2001-226; s. 4, ch. Governing instrument means a deed; will; trust; insurance or annuity policy; account with payable-on-death designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; an instrument creating or exercising a power of appointment or a power of attorney; or a dispositive, appointive, or nominative instrument of any similar type. 2010-132; s. 3, ch. 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. 97-102; s. 35, ch. If the surviving spouse is not living, it shall be paid to the lineal heirs or to the persons having their care and custody. 99-343; s. 25, ch. 75-220; s. 3, 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: The execution or revocation of a will or trust by another person is such an event. 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. Recipients of the decedents personal property under this section shall be personally liable for a pro rata share of all lawful claims against the estate of the decedent, but only to the extent of the value on the date of distribution of the personal property actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida. Governing instrument means any writing or contract governing the disposition of all or any part of an asset upon the death of the decedent. Order of contribution; personal representatives duty to collect contribution. 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. A surviving spouse who is found to have procured a marriage to the decedent by fraud, duress, or undue influence is not entitled to any of the following rights or benefits that inure solely by virtue of the marriage or the persons status as surviving spouse of the decedent unless the decedent and the surviving spouse voluntarily cohabited as husband and wife with full knowledge of the facts constituting the fraud, duress, or undue influence or both spouses otherwise subsequently ratified the marriage: Any rights or benefits under the Florida Probate Code, including, but not limited to, entitlement to elective share or family allowance; preference in appointment as personal representative; inheritance by intestacy, homestead, or exempt property; or inheritance as a pretermitted spouse. For the purposes of subsection (1), the term: Owner includes the grantor of a trust described in s. 733.707(3) that is evidenced by a written instrument which is in existence at the time of the grantors death as if the interest held in trust was owned by the grantor. Any other property or interest acquired as a result of the abuse, neglect, exploitation, or manslaughter must be returned in accordance with this section. 74-106; s. 8, ch. Yes No Has a copy of property Tax or utility bill been filed in support of Homestead? 732.216-732.228 apply, unless a written demand is made by a beneficiary within 3 months after service of a copy of the notice of administration on the beneficiary or by a creditor within 3 months after the first publication of the notice to creditors. 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. 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. s. 15, ch. The personal representative is not required to seek collection of any portion of the elective share from property not within the personal representatives control until after the entry of the order of contribution. 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. 2002-1. 2003-154. Property appointed by the will of the decedent to or for the benefit of the abuser, neglector, exploiter, or killer passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. 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. A person who cohabitates with the individual. s. 8, ch. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants. When a power of appointment is exercised by will, unless a contrary intent appears in the document creating the power of appointment or in the testators will, if an appointee who is a grandparent, or a descendant of a grandparent, of the donor of the power: Is dead at the time of the execution of the will or the creation of the power; Is required by the will, the document creating the power, or by operation of law to be treated as having predeceased the testator. An Affidavit of Heirs is to be used when the decedent died without a will. 2001-226. Upon the death of a married person, one-half of the property to which ss. 2003-154; s. 33, ch. Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. A lawyer is deemed to have prepared, or supervised the execution of, a written instrument if the preparation, or supervision of the execution, of the written instrument was performed by an employee or lawyer employed by the same firm as the lawyer. 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. 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 RE: ESTATE OF . 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. Civil Indigence Application. 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. 2006-217. 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. To the best of the outgoing qualified custodians knowledge, the electronic will has not been altered since the time it was created. Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund. 97-102; s. 54, ch. The property was a nonmarital asset as defined in s. 61.075 immediately prior to the decedents death.