The notice shall specify the total value of the estate and the names and addresses of those to whom it has been assigned by the order. 74-106; s. 34, ch. In addition to any other penalty provided by law, a person who knowingly makes a false statement in a sworn affidavit given to a financial institution to receive a decedents funds under this section commits theft, punishable as provided in s. 812.014. Before me, the undersigned authority, personally appeared by the means specified herein, (type or print Affiants name) (Affiant), who swore or affirmed that: 1. A cause of action under this section accrues on the decedents date of death. The grantee or transferee of any of them shall be authorized to sign and verify the petition instead of the beneficiary or surviving spouse. Death certificate means a certified copy of a death certificate issued by an official or agency for the place where the decedents death occurred. 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. 33, 35, ch. This subsection does not create an inference that a power not described in this subsection is a power to revoke or revest an interest in the transferor. A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedents will offered for probate. AFFIDAVIT OF HEIRS For purposes of this affidavit, you must list ALL RELATIVES of the Decedent, including yourself, if applicable. 75-220; s. 48, ch. 81-238; s. 3, ch. 74-106; s. 44, ch. 75-220; s. 3, ch. 2001-226; s. 13, ch. 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. 97-102; s. 42, ch. 2001-226. 2003-154. Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death. 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. 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. Any policy of insurance on the decedents life maintained pursuant to a court order. 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. 77-87; s. 56, ch. 97-102; s. 8, ch. 89-291; s. 9, ch. As to any portion of the asset required by the governing instrument to be paid after the decedents death to a primary beneficiary explicitly designated in the governing instrument as the decedents spouse: If the death certificate states that the decedent was married at the time of his or her death to that spouse, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to such primary beneficiary. 77-87; s. 1, ch. (4) The family member may use an affidavit in substantially the following form to fulfill the requirements of subsection (3): AFFIDAVIT UNDER SECTION 735.303, FLORIDA STATUTES, TO OBTAIN BANK PROPERTY OF DECEASED ACCOUNT HOLDER: (Name of decedent) State of . The paternity of the father is acknowledged in writing by the father. 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. Spousal rights procured by fraud, duress, or undue influence. Property specifically or demonstratively devised by the decedents will to any devisee shall not be included in exempt property. 97-102; s. 18, ch. The principal of the property could, in the discretion of any person other than the spouse of the decedent, be distributed or appointed to or for the benefit of the decedent. 2017-121. 77-174; s. 268, ch. Any immunity from the presumption of undue influence that a surviving spouse may have under state law. As used in this section, the term transfer in trust refers to a trust under which the transferor of the homestead property, alone or in conjunction with another person, does not possess a right of revocation as that term is defined in s. 733.707(3)(e). 97-102; s. 18, ch. s. 1, ch. Subsection (2) applies to the following assets in which a resident of this state has an interest at the time of the residents death: A life insurance policy, qualified annuity, or other similar tax-deferred contract held within an employee benefit plan. For purposes of this subparagraph, the term annual exclusion amount means the amount of one annual exclusion under s. 2503(b) or (c) of the Internal Revenue Code, as amended. 74-106; s. 113, ch. s. 1, ch. 2009-115; s. 1, ch. Change in securities; accessions; nonademption. Provisions relating to disposition of the body. 732.301 and 732.302, regardless of the prior will. A person who receives an interest in the asset upon the death of the decedent due to the death of another beneficiary prior to the decedents death is also a primary beneficiary. The intestate share of the surviving spouse is: If there is no surviving descendant of the decedent, the entire intestate estate. 2003-154. If the testator intended a specific devise of certain securities rather than their equivalent value, the specific devisee is entitled only to: As much of the devised securities as is a part of the estate at the time of the testators death. 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 . A statement acknowledging that the affiant has no knowledge of the existence of any last will and testament or other document or agreement relating to the distribution of the decedents estate. Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testators intent if it is proved by clear and convincing evidence that both the accomplishment of the testators intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement.
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