Upon dissolution of marriage, the will shall be construed as if the spouse died at the time of the dissolution of marriage. 2007-74; s. 2, ch. 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. The court may enter an order of summary administration allowing immediate distribution of the assets to the persons entitled to them. The revocation of a codicil to a will does not revoke the will, and, in the absence of evidence to the contrary, it shall be presumed that in revoking the codicil the testator intended to reinstate the provisions of a will or codicil that were changed or revoked by the revoked codicil, as if the revoked codicil had never been executed. In the Affidavit of Heirs filed in Fred's probate estate, Fred is shown to have no spouse, no children, and his parents are both deceased. This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. 97-102; s. 18, ch. If an interest in homestead has been devised to the surviving spouse as authorized by law and the constitution, and the surviving spouses interest is disclaimed, the disclaimed interest shall pass in accordance with chapter 739. s. 1, ch. (Print, Type, or Stamp Commissioned name of Notary Public). Revocable trust means a trust that is includable in the elective estate under s. 732.2035(5). What Is an Affidavit of Heirs? | RMO LLP 99-220; s. 3, ch. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004. s. 1, ch. 79-400. s. 1, ch. 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. In all other cases, the date of the decedents death or the date the surviving spouse first comes into possession of the property, whichever occurs later. Prior to entry of the order of summary administration, the petitioner shall make a diligent search and reasonable inquiry for any known or reasonably ascertainable creditors, serve a copy of the petition on those creditors, and make provision for payment for those creditors to the extent that assets are available. If the affiant is a parent of the decedent, the affidavit must attest that the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. Online notarization has the same meaning as provided in s. 117.201. s. 1, ch. The recipients of the decedents property under the order of summary administration 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 of the estate of the decedent actually received by each recipient, exclusive of the property exempt from claims of creditors under the constitution and statutes of Florida. An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk. 74-106; ss. 97-102. It shall be paid to the surviving spouse, if living, for the use of the spouse and dependent lineal heirs. s. 1, ch. 99-343. If no claim is timely asserted, the states rights to the proceeds shall become absolute.