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Florida Intestate Probate

In Florida, anyone who is a legal resident of the State of Florida who passes away without a valid Last Will and Testament is said to have died “intestate.” When someone dies intestate, a part of Florida’s Probate Code, titled “Intestate Succession”, controls how any part of a decedent’s estate that is not effectively disposed of by a will passes to the decedent’s heirs.

According to this part of the Probate Code, when a decedent dies intestate, primary consideration is given to any surviving spouse and then to the descendants of the decedent, as follows:

  • If the decedent is survived by a spouse and one or more lineal descendants who are descendants of both the decedent and the surviving spouse, and if the decedent had no other lineal descendant, then the surviving spouse is entitled to receive the entire probate estate.
  • If the decedent had a lineal descendant who was not a decedent of the surviving spouse (say a child from a prior marriage), then the spouse receives one-half of the probate estate and the non-related lineal descendants share the remaining half.
  • If there is no surviving spouse then the surviving lineal descendants will receive all of the decedent’s probate estate, divided according to the generational level of the decedent’s children.
  • If there is no spouse and no lineal descendants, then the decedent’s surviving parents, if they are living, otherwise to the decedent’s brothers and sisters.
  • If there is no spouse, and no lineal descendants, and no siblings, then remote heirs receive the estate as described in a separate section of this part of the Probate Code.
  • If there are no living heirs, then the decedent’s assets escheat to the State of Florida. Meaning, the State of Florida receives all of the assets.

Note: There are several other sections in this part of Florida’s Probate Code on intestate succession. Those sections are:

732.103 Share of other heirs.

732.104 Inheritance per stirpes.

732.105 Half blood.

732.106 Afterborn heirs.

732.107 Escheat.

732.108 Adopted persons and persons born out of wedlock.

732.1081 Termination of parental rights.

732.109 Debts to decedent.

732.1101 Aliens.

732.111 Dower and curtesy abolished.

How Do You Commence an Intestate Probate Administration?

When someone dies intestate, the probate process commences the same way a formal probate administration does by the filing of a petition for administration for an “intestate estate.”  An intestate administration is substantially similar to a formal probate administration with the main difference being that Florida law dictates who receives the decedent’s assets. 

Also, since there is no will to tell the court who the decedent nominates to act as personal representative, Florida’s Probate Code, statute 733.301, sets the preference for appointment of the P.R. as follows:

(b) In intestate estates:

  1. The surviving spouse.
  2. The person selected by a majority in interest of the heirs.
  3. The heir nearest in degree. If more than one applies, the court may select the one best qualified.

What Assets Are Part of The Intestate Probate Estate?

Only those assets owned solely by the decedent at the time of his or her death. This can be assets titled in the decedent’s name alone, assets that were jointly held and the other joint tenant(s) died before the decedent or assets that named the decedent as the beneficiary (like a life insurance policy).

How Can Larry Schott Help?

Florida lawyer Larry Schott has been assisting clients with the probate process for more than 32 years. He is dedicated to successfully resolving all issues and answering all questions that arise throughout the probate process. Larry will do everything he can to help you and your family through this difficult time, and Larry’s clients know that they will deal personally with Larry and not some member of the firm’s support staff or a probate paralegal.

Larry represents clients in all Florida probate matters including:

To learn more about Larry and his qualifications, click on this link: Broward County Probate Attorney

Do You Have a Question?

If you have a question about a Florida Probate issue, then feel free to give Larry Schott a call for a free consultation.

Please fill out the “Contact Us” form to ask a question or you can call us at 954-880-1302.  We promise to get back to you promptly.  Ask now.

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