Rules of Construction Under Florida's Probate Statute     PART VI RULES OF CONSTRUCTION   732.6005 Rules of construction and intention. 732.601 Simultaneous Death Law. 732.603 Antilapse; deceased devisee; class gifts. 732.604 Failure of testamentary provision. 732.605 Change in securities; accessions; nonademption. 732.606 Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or...

Last Will and Testament Under Florida's Probate Statute   PART V WILLS   732.501 Who may make a will. 732.502 Execution of wills. 732.503 Self-proof of will. 732.504 Who may witness. 732.505 Revocation by writing. 732.506 Revocation by act. 732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage. 732.508 Revival by revocation. 732.509 Revocation of codicil. 732.5105 Republication of wills by codicil. 732.511 Republication of wills by reexecution. 732.512 Incorporation by...

Exempt Property and Allowances Under Florida's Probate Statute   PART IV EXEMPT PROPERTY AND ALLOWANCES   732.401 Descent of homestead. 732.4015 Devise of homestead. 732.4017 Inter vivos transfer of homestead property. 732.402 Exempt property. 732.403 Family allowance.   1732.401 Descent of homestead.— (1) If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate...

Pretermitted Spouse and Children Under Florida's Probate Statute   PART III PRETERMITTED SPOUSE AND CHILDREN   732.301 Pretermitted spouse. 732.302 Pretermitted children.   732.301 Pretermitted spouse.—When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to...

Elective Share of Surviving Spouse Under Florida's Probate Statute   PART II ELECTIVE SHARE OF SURVIVING SPOUSE; RIGHTS IN COMMUNITY PROPERTY   732.201 Right to elective share. 732.2025 Definitions. 732.2035 Property entering into elective estate. 732.2045 Exclusions and overlapping application. 732.2055 Valuation of the elective estate. 732.2065 Amount of the elective share. 732.2075 Sources from which elective share payable; abatement. 732.2085 Liability of direct recipients and...

General Provisions and Definitions Under the Florida Trust Code   PART I GENERAL PROVISIONS AND DEFINITIONS   736.0101 Short title. 736.0102 Scope. 736.0103 Definitions. 736.0104 Knowledge. 736.0105 Default and mandatory rules. 736.0106 Common law of trusts; principles of equity. 736.0107 Governing law. 736.0108 Principal place of administration. 736.0109 Methods and waiver of notice. 736.0110 Others treated as qualified beneficiaries. 736.0111 Nonjudicial settlement agreements. 736.0112 Qualification of foreign trustee.     736.0101 Short title.—This chapter may be cited...

What the Late Jerry Buss Teaches Us About Estate and Business Planning   The legendary owner of the L.A. Lakers, Jerry Buss, lost his battle with cancer in February 2013. His passing teaches us many lessons about estate and business planning. To recap, Congress finally enacted the American...

Probate for Small Estates in Florida CHAPTER 735 PROBATE CODE: SMALL ESTATES PART I SUMMARY ADMINISTRATION (ss. 735.201-735.2063) PART II DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION (ss. 735.301, 735.302) PART I SUMMARY ADMINISTRATION 735.201 Summary administration; nature of proceedings. 735.202 May be administered in the same manner as other estates. 735.203 Petition for summary administration. 735.2055 Filing of petition. 735.206 Summary administration distribution. 735.2063 Notice to creditors.   735.201 Summary...

Closing Estates Under Florida's Probate Statute     PART IX CLOSING ESTATES 733.901 Final discharge. 733.903 Subsequent administration.   733.901 Final discharge.— (1) After administration has been completed, the personal representative shall be discharged. (2) The discharge of the personal representative shall release the personal representative and shall bar any action against the personal representative, as such or individually, and...

Special Provisions for Distribution Under Florida's Probate Statute PART VIII SPECIAL PROVISIONS FOR DISTRIBUTION 733.801 Delivery of devises and distributive shares. 733.802 Proceedings for compulsory payment of devises or distributive interest. 733.803 Encumbered property; liability for payment. 733.805 Order in which assets abate. 733.806 Advancement. 733.808 Death benefits; disposition of proceeds. 733.809 Right of retainer. 733.810 Distribution in kind; valuation. 733.811 Distribution; right or title of...