33, 35, ch. A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedents will offered for probate. 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). A petition for an extension of the time for making the election or for approval to make the election shall toll the time for making the election. 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. 75-220; s. 7, ch. 97-102; s. 51, ch. 2017-121. 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. PROBATE DIVISION. s. 1, ch. 117.05(5)(b)2.) 2001-226; s. 32, ch. With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. However, the Affidavit shows that Fred has a living sister and brother. 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. s. 1, ch. 75-220; s. 963, ch. The personal representative has no duty to discover whether property held by the decedent is property to which ss. To state-administered retirement plans under chapter 121. 2017-121. Has an affidavit of heirs been filed in this Intestate estate? 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. 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.
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