FL Wills, Trusts & Estates Specialist study materials
FL Wills, Trusts & Estates Specialist study resources

FL Wills, Trusts & Estates Specialist flashcards

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32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Self-Proving Affidavit
A sworn statement signed by the testator and witnesses before a notary that attests to due execution of the will, allowing the will to be admitted without live witness testimony.
Elective Share
A statutory right of a surviving spouse to claim 30% of the elective estate, filed within the earlier of six months after notice of administration or two years after death.
Pretermitted Child
A child born or adopted after a will's execution who takes an intestate share unless the omission was intentional or the child was otherwise provided for.
Holographic Will
A will entirely in the testator's handwriting; valid in Florida only if executed with the same witnessing formalities required of a typed will.
Revival of Will
Florida abolishes automatic revival: a prior will revoked by a later will is not revived when the later will is revoked unless the testator so intends.
Slayer Statute
A beneficiary who unlawfully kills the decedent forfeits all interests in the estate, and the property passes as if the killer had predeceased the decedent.
Intestate Spouse Share
A surviving spouse takes the entire estate if no descendants survive, or the first $60,000 plus half if all descendants are shared with the spouse.
Will Execution Formalities
A valid Florida will must be in writing, signed by the testator or a proxy in the testator's presence, and attested by two witnesses signing in each other's and the testator's presence.
Revocable Trust
A trust the settlor may amend or revoke during life; assets avoid probate but remain reachable by the settlor's creditors and subject to the elective share.
Spendthrift Clause
A trust provision restraining voluntary and involuntary transfers of a beneficiary's interest, shielding trust assets from the beneficiary's creditors and assignees.
Rule Against Perpetuities
Florida replaces the common-law rule with a 360-year period, during which trust interests must vest or terminate after the trust's creation.
Trustee Duty of Loyalty
A trustee must administer the trust solely in the beneficiaries' interest and may not engage in self-dealing or personal profit at the trust's expense.
Trustee Removal
A court may remove a trustee for breach of trust, unfitness, persistent failure to administer, or changed circumstances making removal in the beneficiaries' best interest.
Trust Accounting
A trustee must keep adequate records of receipts, disbursements, and distributions and provide beneficiaries with periodic accountings and information about the trust.
Trust Modification
A court may modify or terminate a trust when modification is consistent with the settlor's probable intent, or upon consent of all beneficiaries and the settlor if living.
Trustee Compensation
A trustee is entitled to reasonable compensation for services, controlled by the trust instrument if it sets a rate, and subject to court review for reasonableness.
Trustee Exculpation
A trust provision may relieve a trustee of liability for breach of trust unless the breach was in bad faith, intentional, or in reckless indifference to the trust's purposes.
Summary Administration
A simplified probate available when the estate subject to administration is $75,000 or less after exempt property and homestead, or the decedent died over two years ago.
Personal Representative Qualifications
A Florida personal representative must be a Florida resident, or a nonresident spouse, relative, or legally adopted child or parent of the decedent.
Creditor Claim Period
Creditors must file claims within three months after first publication of notice to creditors, or 30 days after service on a known creditor, whichever is later.
Notice of Administration
A document served on interested persons after a will is admitted to probate, advising them of the estate administration and of deadlines to object or elect.
Estate Inventory
A sworn list of the decedent's assets and values filed by the personal representative within 60 days after issuance of letters and served on interested persons.
Homestead Protection
The decedent's homestead is protected from forced sale and passes outside the estate, though it remains subject to the elective share and secured debts.
Exempt Property
Property such as household furnishings up to $20,000, two motor vehicles, and qualified tuition programs that passes to the spouse or descendants outside probate.
Ancillary Administration
A separate Florida probate for a nonresident decedent who owned Florida real property or tangible personal property, typically with the domiciliary representative as ancillary personal representative.
Final Accounting
A report of estate receipts, disbursements, and distributions served on interested persons before closing; objections must be filed within 30 days of service.
Federal Estate Tax Exclusion
The amount of an estate exempt from federal estate tax, indexed annually and $13,990,000 for 2025; amounts above it are taxed at 40%.
Portability
A surviving spouse may use a deceased spouse's unused estate tax exclusion if a timely estate tax return is filed to elect it.
Marital Deduction
An unlimited federal deduction for property passing to a surviving spouse, deferring estate tax until the survivor's death or later transfer.
Annual Gift Tax Exclusion
A per-donee gift amount excluded from gift tax, $19,000 for 2025, requiring no gift tax return unless gifts exceed the exclusion.
Step-Up in Basis
Property included in the decedent's gross estate takes a new basis equal to fair market value at death, eliminating income tax on appreciation during life.
Generation-Skipping Transfer Tax
A federal tax on transfers to grandchildren or later generations, offset by an exemption equal to the basic exclusion amount allocated to the trust.