A Florida Affidavit That All the Estate Assets Have Been Distributed to Devises by Executor or Estate Representative with Statement Concerning Debts and Taxes is a legal document filed in the state of Florida to confirm the completion of estate distribution to beneficiaries and address any outstanding debts or taxes. This affidavit acts as proof that the executor or estate representative has fulfilled their responsibilities and ensures the estate's settlement is in compliance with state laws. The affidavit includes important information and statements relevant to the distribution of estate assets, debts, and taxes. It confirms that all the assets have been properly disbursed to the intended beneficiaries, known as devises, as per the decedent's will or according to the laws of intestacy if there was no will. To be considered valid, the affidavit must contain the following key details: 1. Identification of the decedent: The full name and date of death of the deceased person must be clearly stated at the beginning of the document. 2. Executor or estate representative information: The name, address, and contact details of the executor or estate representative responsible for distributing the estate assets. 3. Affirmation of complete asset distribution: The affidavit must state that all the assets belonging to the estate have been properly distributed to the devises, including specifics about the assets distributed. 4. Statement concerning debts: This section acknowledges any outstanding debts or obligations of the decedent and confirms that those debts have been settled or adequately provided for before distribution. It may include information on creditors, claims, and the process followed to settle these debts. 5. Statement concerning taxes: This part of the affidavit addresses any tax-related matters, including the decedent's final income tax return and estate taxes, if applicable. It verifies that all necessary tax filings have been made, and any resulting tax liabilities have been settled. It's important to note that there can be variations in the specific content or format of this affidavit based on the circumstances of each case. For example, the affidavit may differ if the estate is subject to a simplified probate process or if certain assets require special considerations, such as real estate or business interests. Overall, the Florida Affidavit That All the Estate Assets Have Been Distributed to Devises by Executor or Estate Representative with Statement Concerning Debts and Taxes serves as a complete and final declaration that ensures the proper administration and settlement of an estate, giving peace of mind to both the executor and the beneficiaries.
Florida Affidavit That All the Estate Assets Have Been Distributed to Devisees by Executor or Estate Representative with Statement Concerning Debts and Taxes
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How to fill out Affidavit That All The Estate Assets Have Been Distributed To Devisees By Executor Or Estate Representative With Statement Concerning Debts And Taxes?
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FAQ
Unfortunately, Florida does not have a small estate affidavit process, with one exception, which means the family will more than likely need to consult a probate attorney to help gain control of the assets.
Where to File Form DR-312 Form DR-312 must be recorded directly with the clerk of the circuit court in the county or counties where the decedent owned property. Do not send this form to the Florida Department of Revenue.
In Florida, there is no small estate affidavit but Summary Administration can be used instead.
A Summary Administration can be used when the decedent has been deceased for more than two years or when the estate is less than $75,000. A Summary Administration is typically many thousands of dollar less than a Formal Administration, and a Summary Administration usually only takes one to two months.
Do you need a lawyer for a Florida summary administration? Florida law does not require the person who requests a summary administration of a Florida estate to have a lawyer. The interested person can go down to the courthouse and file the request for the summary administration without any attorney.
A small estate affidavit in Florida is a step in a summary administration, which allows for the distribution of a deceased person's assets without the need for probate court. This process is typically used when the deceased person's estate is valued at less than $75,000 and they did not have a will.
To file a small estate affidavit, you must first wait for 45 days after the decedent's death. You're welcome to fill out the paperwork and try to get it started before that but you'll find that no probate court clerk will accept a small estate affidavit until after 45 days have passed so it's better to just wait.
Formal administration is required for any estate with non-exempt assets valued at over $75,000 when a decedent died less than two years ago. Formal administration is also required any time that a personal representative is needed to settle the affairs of the decedent.
