Consequences of Passing Away Without a Will In Florida

You are allowed to die without a will. 

We pose this statement in a somewhat silly way in order to get you to consider whether a last will and testament is something that you actually need. 

A Will directs what you wish to be done with your possessions (as well as who is charged with the care of your underage children) when you pass away, and its importance cannot be overemphasized. Many people just assume everything they own will go to certain people, and an actual Will is not needed. Unfortunately, this is not always the case. When a person dies without a Will (intestate), their belongings are distributed according to the rules established in the Florida statutes. The court does not consider the deceased’s type of relationship with anyone or who the decedent would likely want to inherit from them. Instead, the statutes dictate what happens. On the other hand, when a person dies with a properly executed Will (testate), they can determine who inherits from them. 

What Happens When a Person Passes Away Intestate (Without a Will) In Florida

Many people have the false idea that the “state” will receive their property if they die without a will. This is not the case. If you die without a will your property will pass to your heirs at law. Intestate succession applies when you die without a will. Intestate simply means lacking valid testamentary documents or lacking a will.

• 732 Fla. Stat. (2021) addresses the issue of intestate succession. Following are some of the basic rules:

• If the decedent was married but had no descendants (children, grandchildren, etc.), the surviving spouse receives all of the estate
• If the decedent was married and had descendants, and those descendants are also descendants of the spouse, and the surviving spouse has no other descendants, the spouse receives the entire estate 
• If the decedent was married and leaves descendants that are not also descendants of the spouse, the spouse receives ½ of the estate
• If the decedent was married and leaves descendants that are also descendants of the spouse, and the spouse has descendants that are not descendants of the decedent, the spouse receives ½ of the estate
• If the decedent was not married, the estate passes to their descendants
• If the decedent was not married and had no descendants, the estate passes to their mother and father equally or to the survivor of them
• If the decedent was not married, has no descendants, and no mother or father, then to the decedent’s siblings and their descendants

Estate Administration in Florida

A circuit court judge will oversee the administration of the deceased’s estate, and that judge will appoint a personal representative to handle the process. In cases of intestacy, the surviving spouse is first in line to serve as the personal representative. If that spouse does not wish to serve as the personal representative, or the decedent was not married, the personal representative will be selected by a majority of the decedent’s heirs. If the heirs cannot agree on the personal representative, the judge will hold a hearing regarding the matter and appoint a personal representative.

Planning For When You Aren’t Here

Life is unpredictable, and we owe it to those we love to prepare for a time when we are no longer here. Contact the legal professionals at Martin Law Firm. P.L., to begin the estate planning process so you can rest assured the people and possessions you value most will be cared for after you are gone. You may reach us at 239-323-9820 or via our contact page.