What Happens When No Valid Will Is Found? Florida Intestacy Rules Explained
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies without a valid will, Florida law (intestacy) dictates how their assets distribute. The Florida Probate Code, Chapter 732, sets forth a clear heir hierarchy. Below is the general order under Florida Statutes § 732.101 and related sections.
1. Surviving Spouse and Descendants
If the decedent leaves a spouse and no descendants (children, grandchildren), the spouse inherits the entire estate under Florida Statutes § 732.102. If the decedent leaves a spouse and descendants who are also descendants of the surviving spouse, the spouse inherits the entire estate. If the decedent leaves a spouse and descendants not related to the spouse (e.g., children from a prior relationship), the spouse inherits half of the estate and the descendants split the other half.
2. Descendants Only
If there is no surviving spouse, the entire estate goes to the decedent’s descendants per stirpes (equally by branch). See Florida Statutes § 732.103.
3. Parents and Siblings
If there is no spouse or descendants, the estate passes to the decedent’s parents equally. If only one parent survives, that parent inherits all. If there are no parents, the estate goes to siblings and their descendants per stirpes. See Florida Statutes §§ 732.109–732.111.
4. Collateral Heirs and the State
If none of the above heirs exist, the estate passes to more distant relatives (grandparents, aunts, uncles). If no heirs can be identified, Florida’s Department of Financial Services holds the property as unclaimed under Chapter 717.
Probate Process for Intestate Estates
An interested party must file a petition for administration with the probate court in the county where the decedent lived. The court appoints a personal representative to manage estate distribution under Chapter 733.
Helpful Hints
- Confirm no valid will exists by searching decedent’s personal files and safes.
- Collect key documents such as the death certificate, property deeds and account statements.
- Identify all potential heirs and their relationship to the decedent.
- Consult a probate attorney to ensure proper court filings.
- File the petition for administration promptly to meet creditor notice deadlines.
- Keep detailed records of estate transactions and communications with the court.