We've all heard stories about an aunt, friend, or maybe our grandmother who passed away without a will. Once they die, the family is left wondering, what now? Today, we're talking about what happens when someone dies without a will in Florida and what it means for family members left behind.
What does "Intestate" mean?
Someone who passes away without a valid will dies “intestate.” This means that the state distributes the assets to heirs through a process called probate. The state would take the decedent’s assets only if the decedent had no heirs.
If the person dies intestate, here are a few examples of how the person’s probate assets will be distributed to their heirs (found in Part I, Chapter 732 of Florida Statutes):
- Example 1: Suppose your grandmother was survived by a spouse but left no living descendants. In that case, the surviving spouse receives all of the grandma’s probate estate. A “descendant” is defined as a person in any generational level down the descending line from the decedent and includes children, grandchildren, parents, and more remote descendants.
- Example 2: Suppose your dad’s homestead property was titled in the decedent’s name alone. If a spouse and descendants survived the decedent, the surviving spouse takes a life estate in the property. The descendants receive the decedent’s homestead property only after the surviving spouse dies.
- Example 3: Suppose grandpa 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 has no additional living descendants (who are not a descendant of the decedent). In that case, the surviving spouse receives all of the decedent’s probate estate.
- Example 4: Suppose grandma was not married at the time of death but was survived by one or more descendants. In that case, those descendants will receive all of the grandma’s probate estate. If there is more than one descendant, the decedent’s probate estate will be divided among them in the manner prescribed by Florida law. The division will occur at the generational level of the decedent’s children. So, for example, if one of the decedent’s children did not survive the decedent, and if that child has surviving descendants, the share of the decedent’s estate that would have been distributed to the deceased child will instead be distributed among the descendants of the deceased child.
- Example 5: Suppose the person was not married at the time of death and had no living descendants. In that case, the decedent’s probate estate will passed to the decedent’s surviving parents, if they are living, otherwise to the decedent’s brothers and sisters.
- Example 6: 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.
There are certain exceptions for homestead property and some personal property, but the end result is that assets are divided by the state, not how the person wanted them distributed. It is important to have a will so that YOU can decide what assets go where.
Give us a call today to start the process of estate planning. Make sure the legacy you want to leave behind is documented.
