Probate ยท July 5, 2023
What Happens When a Loved One Dies Without a Will in Florida?
Florida's intestate succession laws may distribute assets to people your loved one never intended, or leave your family waiting months for access to funds you need now. Here's what to expect and how an experienced probate attorney can protect your interests.
When a Florida resident dies without a valid will, a legal condition called dying 'intestate', the state's probate code determines who inherits their estate. The results often surprise and frustrate surviving family members. What the law assumes your loved one would have wanted and what they actually would have wanted can be very different things.
Florida's Intestate Succession Rules
If the deceased was married with no children: the spouse inherits everything. If the deceased was married with children who are all also the spouse's children: the spouse inherits everything. If the deceased had children from a prior relationship: the spouse receives half, and the children from the prior relationship share the other half equally. If the deceased was unmarried: children inherit in equal shares. If there are no children: parents, then siblings, then more distant relatives inherit in a specific order established by statute.
What Property Goes Through Probate?
Not all assets are subject to intestate succession. Property held jointly with right of survivorship passes directly to the surviving joint owner. Life insurance and retirement accounts with named beneficiaries pass directly to those beneficiaries. Assets held in a trust pass according to the trust's terms. Only assets owned solely in the decedent's name, with no designated beneficiary, flow through the probate estate.
The Probate Timeline and Cost
Florida formal probate typically takes six to eighteen months. The estate pays court fees, attorney fees, and personal representative fees, which in Florida can be substantial and are calculated as a percentage of the estate's value. During this period, surviving family members may have limited access to estate assets, which can create real hardship if those assets are needed to pay for housing, medical care, or living expenses.
How an Attorney Can Help
An experienced probate attorney can expedite the process by ensuring all required filings are completed correctly and on time. They can identify which assets are subject to probate and which pass outside of it. They can help resolve creditor claims and family disputes, and they can guide the personal representative through their fiduciary duties, which carry personal liability if not handled properly.
If you have lost a loved one who died without a will in Florida, the Law Firm of Charles Vega can help you navigate probate with clarity and efficiency. And if this experience has highlighted the need for your own estate plan, we can help with that too. Call (800) 975-0529.
Attorney Advertising | General information only. Not legal advice. This is a static reading copy of a public Insights article. Consult an attorney about your specific circumstances.