Death is a natural part of life, but it can be a complicated and stressful process for those left behind, especially if the deceased person does not have a will.

In Florida, if someone dies without a will, their assets and property will be distributed according to the state's intestate laws.

We explore what happens when a Florida resident passes without an estate plan or will in place and how an estate attorney like myself can help.

Intestate Laws in Florida

When someone passes without a will, their assets and property are distributed according to Florida's intestate laws. These laws determine who inherits the deceased person's property based on their family relationship.

If a person dies without a will, he/she is said to have “died intestate.”
This is also referred to as intestacy, the state of dying without a will.

The following is a general overview of how Florida intestacy laws work:

If the deceased person had a surviving spouse but no children, the spouse inherits everything.
If the deceased person had a surviving spouse and children, the spouse inherits one-half of the estate, and the children inherit the other half.
If the deceased person had children but no surviving spouse, the children inherit everything.
If the deceased person had no surviving spouse or children, the estate goes to their parents.
If the deceased person had no surviving spouse, children, or parents, the estate goes to their siblings.

Remember, there may be additional factors or possibilities to consider, such as half-siblings and adopted children. An experienced estate lawyer can help navigate the complexities of intestacy laws and ensure that the deceased person's assets are distributed according to their wishes.

Florida’s Probate Process

When someone dies without a will, their estate must go through the probate process. If the deceased person had a will, the probate process is straightforward. However, when there is no will, the probate process can be more complicated.

Probate is the legal process of settling an estate

and distributing the assets to the heirs.

In Florida, the probate process involves appointing a personal representative to manage the estate. The personal representative is usually a family member or a trusted friend.

The personal representative is responsible for:

Identifying and collecting the deceased person's assets
Paying off any outstanding debts
Distributing the remaining assets to the heirs

The probate process can be time-consuming and expensive, especially if there are disputes among the heirs or complicated assets to manage. An estate attorney can help the personal representative navigate the probate process and ensure that the deceased person's assets are distributed in a timely and cost-effective manner.

Read More > What to Know About Probate

Protecting Your Estate

When someone passes without a will, their estate is vulnerable to creditors and predators. Creditors can make claims against the estate to recover any outstanding debts, while predators may try to take advantage of the situation to defraud the estate.

As a Florida estate attorney, I help protect the estate from creditors and predators by ensuring that all creditors are properly notified and that any claims are paid from the estate's assets. Additionally, I help to ensure that the estate is distributed to the heirs in a way that minimizes the risk of fraud or abuse.

Create a Will

One of the most significant advantages of creating a will is that it allows you to specify who inherits your assets and how they are distributed. When someone dies without a will, their assets are distributed according to Florida's intestacy laws, which may not align with their wishes.

Creating a will with the help of a knowledgeable estate lawyer (not a generic form you may have encountered online) allows you to ensure that your assets are distributed according to your wishes, and it can simplify the probate process for your loved ones. An estate planning attorney can work with you to create a will that is tailored to your specific needs and goals.

They can help you:

Identify your assets and liabilities
Determine who you want to inherit your assets
Appoint an executor to manage your estate

Creating a will is especially important if you have children or dependents who rely on you financially. In a will, you can appoint a guardian to care for your children or dependents if you pass away, and you can also specify how your assets should be used to provide for their care and well-being.

Plan for the Future, Protect Your Loved Ones

Ideally, you will create a will and make your final wishes known. However, my firm often sees families of someone who has passed without a will in place, and now, intestacy laws apply – even if that’s not what you would have wanted.

Protect your family and ensure your wishes are met by having a proper estate plan set in stone. Reach out to me for guidance on navigating current Florida estate law.

The Law Firm of Elaine McGinnis, P.A. would be happy to assist you in creating a new estate plan or updating your will to honor your wishes. Book a consultation to get started today.

What Happens When Someone from Florida Dies Without a Will