What to do in Florida if your spouse died without a will and their family won’t cooperate

Quick overview: In Florida, when someone dies intestate (without a will), the probate court appoints a personal representative (commonly called an administrator or personal representative) to collect assets, pay debts, and distribute property under the state’s intestacy rules. The surviving spouse generally has priority for appointment. You do not need the deceased’s family to “cooperate” to ask the court to appoint you, but you must follow court rules and give required notice to interested people. This article explains practical steps, probable hurdles if the family objects, and how to move forward.

Disclaimer: This is educational information and not legal advice. Consult a Florida probate attorney for advice about your specific situation.

Detailed answer — step-by-step under Florida law

1) Confirm whether probate is necessary

Not every estate requires full probate. Some assets pass outside probate (retirement accounts, life insurance with beneficiary designation, assets held in joint tenancy). Florida also has procedures for smaller estates that can speed distribution. If the decedent’s probate assets are minimal, you may qualify for a simplified process. See Florida probate laws: Chapter 732 (Intestate succession) and Chapter 733 (Administration of estates).

2) Determine venue (which court to file in)

File in the probate division of the circuit court in the county where the decedent was domiciled (the place they considered home). Even if family members live elsewhere, Florida courts have jurisdiction if the decedent’s domicile was in that county.

3) Surviving spouse usually has priority to be appointed

Florida’s probate statutes provide an order of priority for appointing a personal representative. A surviving spouse is at or near the top of that list. To prove your status, be prepared to submit a certified copy of the marriage certificate and other documents showing your spouse’s domicile and identity. See Florida probate law on appointment and priority: Ch. 733.

4) File a petition for administration

Prepare and file a Petition for Administration (formal administration) or the appropriate simplified petition if eligible. The petition asks the court to open an estate and appoint a personal representative.
Attach supporting documents: certified death certificate, marriage certificate, a list of known assets and creditors, and your proposed personal representative oath and bond (if the court requires bond).
Pay the court filing fee (fees vary by county).

Standard Florida probate rules and forms are available through the Florida Courts website and at local clerks’ offices. See general administration rules in Ch. 733 for statute guidance.

5) Provide notice and let potential heirs object

After you file, the court will require notice to interested persons (heirs and creditors) and give them an opportunity to object. If the decedent’s family refuses to cooperate, that is not the same as a valid legal objection. They can file a formal objection to your appointment; the court will then set a hearing to resolve the dispute.

6) What happens at a contested hearing

If a family member objects, the court decides based on factors such as statutory priority, whether you are a fit and qualified person, and whether you’ve followed procedural requirements. Common family objections claim you are unfit, that another person has a higher priority, or that there’s a reason to deny you appointment (conflict of interest, criminal history, incapacity). You should bring documents proving your relationship, your ability to serve, and any evidence disputing the objector’s claims.

7) Temporary or emergency appointment

If assets are at risk (bank accounts frozen, property needs immediate protection), ask the court for an immediate temporary appointment or an order granting limited authority to secure property. Courts can issue short-term orders to protect estate property while the appointment issue is resolved.

8) After appointment

Once appointed, the personal representative has legal power to gather assets, pay debts, file inventories and accountings, and distribute property under Florida’s intestacy rules. If family members refused to cooperate before, the representative can use court authority to obtain possession of estate assets (subpoenas, turnover orders, contempt sanctions if necessary).

9) When to hire a probate attorney

If the family objects or the estate is complex (real property, businesses, tax issues, creditor disputes), hire a probate attorney experienced in Florida law. An attorney can file the petition correctly, represent you at hearings, request emergency relief, and enforce court orders against obstructive family members.

Practical checklist: documents and steps to prepare now

Certified copy of the death certificate
Certified marriage certificate
List of known assets (bank accounts, real property, vehicles, retirement accounts, life insurance) with approximate values
Copies of deeds, account statements, insurance policies, and beneficiary designations
List of known heirs and their contact information (names, last-known addresses)
Identification for yourself (driver’s license, passport)
Any previous wills (to confirm intestacy) and statements about where the decedent kept papers
Proof of decedent’s domicile (utility bills, tax returns, driver’s license) if necessary
Money for filing fees and possible bond

How to handle an uncooperative family — immediate, practical tips

Do not give up: the court can appoint you despite lack of family cooperation.
Document everything: keep records of requests for documents, phone calls, and refusals.
Use court orders to compel cooperation: once appointed, you can demand turnover of estate property by court order and ask the court to hold obstructive family members in contempt if they ignore orders.
Consider mediation for family disputes where appropriate — courts often look favorably on settlement attempts.
Get legal help early if the family files objections or accuses you of wrongdoing.

Relevant Florida statutes and resources

Key Florida statutory resources you may consult (these are the primary chapters that govern intestacy and administration in Florida):

Florida Statutes, Chapter 732 — Intestate Succession: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
Florida Statutes, Chapter 733 — Administration of Estates (appointment, duties, notices): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html

For court forms, procedural guides, and local filing requirements, consult the Florida Courts website and your local county clerk of court (probate division): https://www.flcourts.org/. The clerk’s office can provide local forms and fee information.

Helpful hints

Start the process quickly. Some creditors have short deadlines; delay complicates asset protection.
If you need control of bank accounts immediately, ask the bank about their policies for surviving spouses and provide the death certificate; banks vary in practice.
Keep estate funds separate. Don’t mix estate assets with your personal funds; open an estate account once you’re appointed.
Be candid with the court about obstacles and family disputes. Judges expect contested probate and will follow statutory priority and fitness rules.
If the family claims another person has priority, request a hearing quickly to resolve appointment before assets are lost or dissipated.
Even if you cannot afford a private attorney, check for legal aid groups or low-fee clinics in your county that handle probate matters.

Getting appointed as the personal representative in Florida when the decedent’s family won’t cooperate is often a matter of following the statutory process, documenting your relationship and qualifications, filing the petition, giving proper notice, and, if necessary, winning a contested hearing. The court’s role is to enforce the law and protect estate assets; family hostility alone will not prevent a proper appointment.

Final note: Probate rules and local procedures vary; this article provides a general roadmap. Speak with a Florida probate attorney to evaluate your situation, prepare the petition properly, and represent you if the appointment becomes contested.