Intestate Succession in Florida: What Happens When There Is No Will?

The topic of intestate succession in Florida is not exactly a party conversation starter. However, when the unexpected happens, it is crucial to understand what it means, how it works, and how it can impact you and your loved ones. 

In essence, intestate succession is the legal process that determines how a person’s property will be distributed after their death if they do not have a valid will that expresses their wishes regarding who will inherit their assets and who will manage their estate. 

When someone dies without a will, or if they have a will but it is invalid for some reason, they are considered to have died intestate, and Florida’s intestacy laws will apply to their estate.

Understanding Intestate Succession in Florida

If you die intestate in Florida, the distribution of your property will depend on several factors, such as:

• Whether you are married, 
• Whether you have children, and 
• Whether you have other living relatives. 

The following are some general rules that apply to intestate succession in Florida:

• If you are married and have no children or other descendants (such as grandchildren), your spouse will inherit everything.
• If you are married and have children or other descendants who are also the descendants of your spouse, your spouse will inherit everything.
• If you are married and have children or other descendants who are not the descendants of your spouse (such as from a previous relationship), your spouse will inherit half of your property and your children or other descendants will inherit the other half.
• If you are not married but have children or other descendants, they will inherit everything.
• If you are not married and have no children or other descendants but have parents, siblings, or nieces and nephews, they will inherit everything in a certain order of priority.
• If you are not married and have no living relatives, your property will go to the State of Florida.

However, intestate succession can become complicated if there are stepchildren, half-siblings, or other relatives involved. In these cases, a court will decide how to distribute the property.

In addition, the rules above are subject to some exceptions and variations depending on the type and value of your property. For example:

• If you own a homestead property (your primary residence), your spouse may have a right to live there for life or receive a share of its value. 
• If you own property with another person as joint tenants with right of survivorship or as tenants by the entirety (a special form of joint ownership for married couples), that property will pass directly to the surviving co-owner regardless of Florida’s intestacy laws.

Why You Should Make a Will

Having a will is important for several reasons:

• First, it allows you to choose who will receive your property and in what proportions. You can also name a guardian for your minor children, a trustee for any trusts you create, and a personal representative for your estate. 
• Second, having a will can save time and money for your heirs. A will can simplify the probate process by providing clear instructions and avoiding unnecessary conflict.
• Third, having a will can prevent unwanted consequences. If you die intestate, your property will be distributed according to Florida’s intestacy laws, which may not reflect your preferences or needs. 

By planning ahead, you can avoid the uncertainties and potential conflicts that come with intestate succession. With proactive estate planning, you can decide who inherits your property, who will care for your minor children, and even who will make decisions on your behalf if you become incapacitated.

How We Can Help You

As you can see, intestate succession in Florida can be complicated and unpredictable. That is why we strongly recommend that you consult with an experienced estate planning attorney to create a valid will that reflects your wishes, protects your interests, and serves as the core of a comprehensive estate plan. 

At Jurado & Associates, P.A., we have the knowledge and skills to help you with all aspects of estate planning, from drafting a will to creating complex trusts. Do not leave your legacy to chance. Contact us today at (305) 921-0976, email us at [email protected], or reach out via WhatsApp at +1 (305) 921-0976. Together, we can create an estate plan that reflects your values and protects your loved ones.