How property passes without a Will in Florida.

Intestacy Explained.

When a person dies without a valid will in Florida, their estate is distributed according to the state's intestacy laws, which are found in Chapter 733, Florida Statutes. This legal framework determines who inherits the deceased’s assets based on their familial relationships. Without a will, the probate court follows a set hierarchy to identify the rightful heirs and allocate the inheritance accordingly. Understanding these laws can help families navigate the probate process and ensure their rights are protected. If you are dealing with an estate without a will, consulting a probate attorney can be crucial in managing the legal complexities.

What is Intestacy?

Intestacy refers to the legal process that governs how property is distributed when someone dies without a will. The Florida intestate succession statutes outline who inherits the decedent’s estate, prioritizing close family members. These laws ensure that a deceased person's assets are transferred in a structured and predictable manner, though they may not always align with the decedent’s personal wishes.

How Florida’s Intestacy Laws Work

When a person dies intestate, the court must identify their heirs and distribute their assets according to Florida’s intestacy statutes. The following rules generally apply:

1. Surviving Spouse

If the deceased was married, their spouse is typically the primary beneficiary:

• If the decedent had no children (or all children are from the same marriage), the spouse inherits the entire estate.

• If the decedent had children from a previous relationship, the surviving spouse receives half of the estate, and the remaining half is divided among the children.

2. Children and Descendants

If there is no surviving spouse, the entire estate passes to the deceased’s children in equal shares. This includes biological and legally adopted children, but it excludes stepchildren and foster children unless they were legally adopted.

3. Parents

If the decedent had no spouse or children, their estate goes to their parents in equal shares. If only one parent is alive, that parent inherits the entire estate.

4. Siblings and Extended Family

If no spouse, children, or parents survive the decedent, the estate is divided among siblings. If there are no siblings, the law continues down the family tree to nieces, nephews, grandparents, and other more distant relatives.

5. The State of Florida

If no living relatives can be found, the estate ultimately escheats to the state, meaning the government takes possession of the property. This is rare, as Florida intestacy laws prioritize even distant relatives before resorting to escheatment.

The Probate Process in Intestacy Cases

When someone dies without a will, their estate must go through probate, a court-supervised process for distributing assets. A probate attorney can help families navigate this process, which typically includes:

1. Filing a Petition – A family member or interested party files a petition with the probate court to open an intestate estate.

2. Appointing a Personal Representative – The court appoints a personal representative (executor) to manage the estate. If there is no will, Florida law determines who qualifies for this role.

3. Identifying Heirs – The court reviews the deceased’s family relationships to determine the rightful heirs under intestacy laws.

4. Paying Debts and Taxes – Before distribution, the estate must settle outstanding debts, taxes, and administrative expenses.

5. Distributing Assets – Once debts are cleared, the remaining assets are distributed to the rightful heirs according to Florida’s intestacy laws.

Challenges in Intestate Probate Cases

While Florida’s intestacy laws provide a clear order of inheritance, disputes can arise. Some common challenges include:

• Unclear Heirship – Determining the rightful heirs can be difficult, especially if family relationships are complex.

• Contested Estates – Family members may disagree over the distribution of assets, leading to legal disputes.

• Creditor Claims – If the deceased had outstanding debts, creditors may file claims against the estate, reducing the inheritance available to heirs.

• Multiple Marriages or Blended Families – When stepchildren, half-siblings, or former spouses are involved, the division of assets can become contentious.

A skilled probate attorney can help resolve these disputes, ensuring a fair and legally compliant estate distribution.

How to Avoid Intestacy

Dying without a will can complicate the inheritance process and lead to unintended consequences. To ensure your assets are distributed according to your wishes, consider the following estate planning steps:

• Draft a Will – A legally valid will allows you to specify how your property should be distributed and who will manage your estate.

• Create a Trust – Trusts can help avoid probate and provide greater control over asset distribution.

• Name Beneficiaries – Certain assets, like life insurance policies and retirement accounts, allow you to designate beneficiaries, bypassing probate.

• Consult a Probate Attorney – An estate planning professional can help ensure your documents comply with Florida law and meet your specific needs.

Conclusion

Florida’s intestacy laws determine how property is distributed when someone dies without a will, prioritizing spouses, children, and other close relatives. While the laws provide a structured approach, they may not always align with the deceased’s wishes, and disputes can arise among potential heirs. Navigating the probate process in an intestate estate can be complex, making it essential to seek guidance from an experienced probate attorney.

If you need assistance with an intestate estate or want to create a plan to avoid intestacy, contact our office today for a consultation.