Intestacy does not significantly change the probate process. The biggest difference is that there is no need to prove the validity of a last will and testament.
Florida Intestacy Rules A surviving spouse of the decedent receives the entire estate if the decedent has no surviving lineal descendants children, grandchildren, great-grandchildren, etc. A surviving spouse of the decedent will also receive the entire estate if the decedent had descendants that are also descendants of the surviving spouse and neither the decedent nor the surviving spouse had any other children. If the decedent is survived by both a spouse and lineal descendants and any of the lineal descendants is not also a descendant of the spouse, then the spouse is entitled to one half of the estate, and the descendants share the balance, per stirpes.
If there are lineal descendents but no surviving spouse, then the estate is shared by the lineal descendants. We promise to get back to you promptly. Ask now. Defamation Lawyer. Call us Today at Do You Have a Question? This field is for validation purposes and should be left unchanged.
Search: Search for:. That said, it is fairly common for people to die without a will despite the significant risks. If you have a loved one who recently passed away without a will, a Boca Raton probate attorney can provide guidance concerning what happens next.
When you die without a will, your estate passes to your heirs through a process referred to as intestate succession. Every state, including Florida, has an intestate succession law that governs how assets are to be distributed among the surviving heirs.
Generally speaking, Florida law directs that assets be distributed via intestate succession as follows:. You will not have to worry about inheritance getting distributed to the wrong person, and you can possibly plan for impacts from the debt you owe. Leaving an inheritance that consists of money or real estate is a common desire we all have. These bequests can be set up in your last will and testament so that specific individuals receive their distributions by your own directive and not that of state law.
Imagine passing away while your children are still young, and you have no will in place to ensure their safety and care. Worse, the state then designates a toxic family member to take charge of their lives and inheritance. Once you have died, your estate must be probated and assets distributed to your beneficiaries. Who carries out these duties? If you die intestate, the court will appoint someone to represent and administer your estate.
This situation could jeopardize the different inheritances you wanted to allocate to specific family members. A Florida will allow you to designate who this person should be so that your property gets distributed as you wished. This step will also ensure that mismanagement of your estate is discouraged as your chosen representative will be held liable.
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