When a family member dies without a valid will, questions about what happens to the property left behind often follow.Florida law provides a process for determining who inherits that property and the result depends largely on the relatives the person who died leaves behind.
Determining heirs without a will
Florida follows a set order for intestate succession, and the result depends largely on the family members the person who died leaves behind. A surviving spouse receives the entire intestate estate when the decedent leaves no descendants, or when every surviving descendant is shared by the couple and the surviving partner has none from another relationship.
When there is no surviving spouse, the estate passes first to the decedent’s descendants, with shares divided by family branch under the state’s per stirpes rule. If none survive, the property goes to the parents, followed by siblings and the descendants of any deceased sibling.
Administering an intestate estate
Knowing who inherits does not mean the property reaches them right away. The estate generally must go through probate, where the court appoints a representative to oversee the process. In an intestate case, the surviving spouse has first preference for that role, followed by the person whom a majority in interest of the heirs selects.
The personal representative then identifies assets, gives required notice to creditors and addresses valid claims and administration expenses before transferring the remaining property. If a creditor contests an amount or an heir proves difficult to locate, resolving the case takes longer and delays the final distribution.
Preventing intestacy through estate planning
If you want to decide who receives your probate property, a valid will lets you make those choices instead of leaving them to Florida’s intestacy rules. The state also requires a will to meet certain signing requirements. For example, you must sign it in the presence of at least two witnesses.
A will is only one part of an estate plan. Accounts with named beneficiaries and some jointly owned property pass outside the will, so those choices should reflect your current wishes. Reviewing them after major family changes and discussing your plan with an estate planning attorney helps prevent outdated instructions from controlling what happens to your property.