Probate Without a Will – How will the Legal System Treat Me?
A person who dies without a valid will is known as an “intestate.” If the person dies intestate, a probate must be filed in order to distribute their property to their heirs. The person’s probate assets will be distributed to their heirs in a specific order of priority set by the state of Florida, as follows:
- If the decedent was survived by a spouse but left no living descendants, the surviving spouse receives all of the decedent’s probate estate.
- If the decedent was survived by a spouse and left one or more living descendants, all of whom are the descendants of both the decedent and the spouse, the surviving spouse receives all of the decedent’s probate estate.
- If the decedent was not married at death but was survived by one or more descendants, those descendants will receive all of the decedent’s probate estate. If there is more than one descendant, the decedent’s probate estate will be divided among them in the manner set forth under Florida law.
- If the decedent was not married at his or her death and had no living descendants, the decedent’s probate estate will pass to the decedent’s surviving parents, if they are living, otherwise to the decedent’s brothers and sisters.
Florida’s intestate laws will pass the decedent’s probate estate to other, more remote heirs if the decedent is not survived by any of the close relatives described above. If there are no descendants whatsoever as described by law, then and only then will the state receive the estate assets.
If you find yourself in need of legal assistance, it is best to consult an attorney with substantial experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
