Detailed Answer
When someone dies without a valid will in Florida and leaves no surviving spouse, the estate passes entirely to the decedent’s children under Florida law. Specifically, Florida Statutes §732.102(1)(d) provides that if there is no surviving spouse, the entire intestate estate goes to all of the decedent’s descendants, per stirpes. In your scenario with two living children, each child receives an equal share (50% each).
Key points under Florida law:
- “Children” includes biological, legally adopted, and certain posthumous children (per Fla. Stat. §732.102(1)(d)).
- If a child predeceased the decedent but left their own descendants, those descendants inherit by representation (per stirpes) under Fla. Stat. §732.103 (view statute).
- No surviving spouse means no spousal share; the spouse’s intestate share under §732.102(1)(a–c) does not apply.
- Probate process: File in the county where the decedent resided. The personal representative collects assets, pays debts, and distributes the remainder to heirs (per Fla. Stat. ch. 733).
Example: Jane Doe dies in Florida with no will, no spouse, and two children, Alice and Bob. A probate court appoints a personal representative. After paying debts and expenses, the remaining assets pass equally to Alice and Bob, each receiving a 50% share.
Helpful Hints
- Obtain certified copies of the death certificate early in the probate process.
- Identify all potential heirs and verify relationships (birth/adoption records).
- Consult the Florida Probate Rules for timelines and required filings.
- Consider simplified procedures ( Summary Administration) if the estate qualifies (Fla. Stat. §733.201).
- Keep detailed records of estate assets, debts, and distributions.
- Update your own estate plan to avoid intestacy issues for your heirs.
- Seek guidance from a probate attorney to navigate complex estates or disputes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change and every situation differs. Consult a qualified attorney in Florida for advice specific to your circumstances.