Intestate Succession
Navigating probate when a loved one passes away without a Will.
When someone dies without a valid Will, they are said to have died 'intestate.' In these cases, Florida law dictates exactly who inherits the assets.
Intestate succession follows a strict statutory formula, usually prioritizing the surviving spouse and children. If there are children from previous relationships, the distribution becomes more complex.
We help families navigate the intestacy process, petition the court to determine the rightful heirs, and ensure the estate is distributed according to Florida law.
Key Benefits
Heir Determination
Legal establishment of rightful beneficiaries under Florida statutes.
Court Petitions
Filing the necessary documents to open an intestate estate.
Fair Distribution
Ensuring assets are divided exactly as the law requires, preventing family disputes.
Frequently Asked Questions
Does the state take the money if there is no Will?
Rarely. The state only takes the assets (escheat) if no living relatives can be found, which is highly uncommon.
Who is in charge if there is no Will?
The court will appoint a Personal Representative. Florida law gives preference to the surviving spouse, followed by a majority vote of the heirs.
My husband died without a Will. Do I inherit everything?
Often, but not always. Florida gives the surviving spouse the entire intestate estate if there are no surviving descendants, and also when all of the descendants are shared by both spouses and the surviving spouse has no other descendant. If either part of that is not true, most commonly when one of you has a child from an earlier relationship, the surviving spouse's share is one-half.
My husband had children from his first marriage. If he died without a Will, what is my share?
One-half. When the person who died leaves one or more descendants who are not also descendants of the surviving spouse, the surviving spouse's share of the intestate estate is one-half. The same one-half share applies in the reverse situation, where all of the decedent's descendants are shared but the surviving spouse has a child who is not the decedent's. Older articles saying a surviving spouse receives the first $60,000 plus half the balance describe a version of the statute Florida replaced in 2011.
I am a widow with no children. If I die without a Will, who inherits?
Florida follows a fixed order of relatives. With no surviving spouse and no descendants, the estate passes to your father and mother equally, or to whichever one survives you. If neither parent survives, it passes to your brothers and sisters and to the descendants of any brother or sister who died before you. If none of those survive, the estate is divided in half between your paternal and maternal families, going first to grandparents, then to aunts and uncles and the descendants of aunts and uncles who died before you.
My brother died before our mother did. Do his children inherit his share?
Yes. Florida directs that descent is per stirpes, which means a deceased child's share passes down that child's own line rather than being redistributed among the surviving children. Your brother's children would divide the share their father would have received. Florida also treats a child conceived before the death but born afterward as inheriting as if born during the person's lifetime.
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