Detailed Answer
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
In Florida, when a person dies without a valid will (intestate) and leaves no surviving spouse, the estate passes to the decedent’s descendants equally, per stirpes. Under Florida Statutes section 732.101, children share the estate in equal portions. If any child predeceased the decedent but left descendants (e.g., grandchildren), that branch steps into the deceased child’s share.
Key points under Florida law:
- All property subject to probate passes under intestate succession (Fla. Stat. 732.101).
- With no spouse, the entire estate divides equally among the children alive at the decedent’s death.
- If a child died before the decedent with surviving issue, that issue inherits that child’s share per stirpes.
- Non-probate assets (joint accounts, payable-on-death designations, life insurance) pass by contract or designation, not by intestacy statutes.
Example Scenario:
John Doe died intestate in Florida, survived by three children: Alice, Bob (predeceased, with one child, Charlie), and Diane. Under Fla. Stat. 732.101, Alice and Diane each receive one-third. Bob’s one-third share passes to Charlie. Thus, the estate divides into three equal parts: one to Alice, one to Diane, and one to Charlie.
Helpful Hints
- Identify all potential heirs: Confirm surviving children and grandchildren.
- Gather probate assets: Compile bank accounts, real estate, and personal property.
- Distinguish non-probate assets: Check beneficiary designations to avoid probate disputes.
- Consider small-estate procedures: Estates under $75,000 may qualify for summary administration (Fla. Stat. 732.701).
- Seek professional help: Probate rules can be complex—consult a probate attorney for estate administration.