77-87; s. 56, ch. Incorporated, organized, or have its principal place of business in this state. 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. 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. A person who cohabitates with the individual. 2001-226; s. 5, ch. 75-220; s. 14, ch. 97-102; s. 32, ch. 117.05(5)(b)2.) In the case of a right to one or more payments from an annuity or under a similar contractual arrangement or under any plan or arrangement described in s. 732.2035(8), the value of the right to payments for purposes of s. 732.2075 and paragraphs (d), (e), and (f) is the transfer tax value of the right on the applicable valuation date. 732.216-732.228 apply. 74-106; s. 21, ch. s. 1, ch. The date of death and the address of the decedents last residence. 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. 2001-226; s. 32, ch. For purposes of this document, you must list ALL RELATIVES of the decedent, including yourself, if applicable. Except as provided in subparagraphs 1., 2., and 3., in the case of property passing in trust for the surviving spouse, the date or dates the trust is funded in satisfaction of the elective share. s. 14, ch. 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. 2001-226; s. 13, ch. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. s. 1, ch. 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. 2007-74. s. 1, ch. 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. 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. 75-220; s. 1, ch. In the application of this subsection, subsections (6) and (7) are to be applied to charge contribution for the elective share to the beneficiaries of the probate estate and revocable trusts as if all beneficiaries were taking under a common governing instrument. If you do not have an Affidavit of Heirs, your estate may not receive its fair share of the inheritance. As used in ss. Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization this day of (month), (year), by (affiant), (Print, Type, or Stamp Commissioned Name of Notary Public), Personally Known OR Produced Identification. 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. The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse. 2001-226. 75-220; s. 14, ch. Elective share trust means a trust under which: The surviving spouse is entitled for life to the use of the property or to all of the income payable at least as often as annually; The surviving spouse has the right under the terms of the trust or state law to require the trustee either to make the property productive or to convert it within a reasonable time; and. An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk. 732.216-732.228 apply was held by the decedent at the time of the decedents death, title of the surviving spouse may be perfected by an order of the probate court or by execution of an instrument by the personal representative or the beneficiaries of the decedent with the approval of the probate court. An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, including an individual retirement annuity described in s. 408(b) of the Internal Revenue Code of 1986. 75-220; s. 966, ch. 2003-154. 75-220; s. 7, ch. A challenge to a surviving spouses rights under this section may be maintained as a defense, objection, or cause of action by any interested person after the death of the decedent in any proceeding in which the fact of marriage may be directly or indirectly material. The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. 77-174; s. 14, ch. 74-106; s. 8, ch. 2001-226; s. 1896, ch. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section. For purposes of this section, the term lineal heir or lineal heirs means lineal ascendants and lineal descendants of the decedent. 75-220; s. 12, ch. The estate may be administered in the same manner as the administration of any other estate, or it may be administered as provided in this part. Mailing Address. 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. In any case when the United States Treasury Department determines that an overpayment of federal income tax exists and the person in whose favor the overpayment is determined is dead at the time the overpayment of tax is to be refunded, and irrespective of whether the decedent had filed a joint and several or separate income tax return, the amount of the overpayment, if not in excess of $2,500, may be refunded as follows: Directly to the surviving spouse on his or her verified application; or. Remaining unsatisfied balance means the amount of liability initially apportioned to the trust or estate reduced by amounts or property previously contributed by any person in satisfaction of that liability. 2001-226; s. 4, ch. 99-343; s. 22, ch. 75-220; s. 14, ch. The Purpose of an Affidavit of Heirs in Florida Probate | Lins Law 74-106; s. 113, ch. The decedent had a contingent right to receive principal, other than at the discretion of any person, which contingency was beyond the control of the decedent and which had not in fact occurred at the decedents death. 2013-172. 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. The election must be made by filing a notice of election containing the legal description of the homestead property for recording in the official record books of the county or counties where the homestead property is located. 2013-172; s. 7, ch. Except as provided in subsection (2), the election must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedents death. s. 1, ch. That he or she has previously signed the will, or. 99-343; s. 25, ch. Created from former ss. 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. s. 1, ch. 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. In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedents or other persons death was caused by or contributed to by the abusers, neglectors, exploiters, or killers conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section. For good cause shown, the court may extend the time for election. In the case of property distributed to the surviving spouse by the personal representative, the date of distribution. 2001-226. 75-220; s. 10, ch. s. 15, ch. In determining the testators original intent, the court may consider evidence relevant to the testators intent even though the evidence contradicts an apparent plain meaning of the will. LAURA E. ROTH | Clerk of the Circuit Court, Volusia County Florida 2010-132; s. 3, ch. 75-220; s. 1, 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. Disposition of Personal Property Without Administration - Verified Statement. 2001-226; s. 5, ch. Time of election; extensions; withdrawal. 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. When there is insufficient evidence that two joint tenants or tenants by the entirety died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. 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.
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