Before we delve into the laws of intestacy, let’s define what it means to be intestate. When a person dies without a will or has a will that does not cover the entirety of the estate, she/he is intestate. Intestacy is the process that the probate court engages in to distribute the assets of the deceased person (decedent) who is intestate. In this post we provide a summary of the Florida laws of intestate succession.
Where to find the Laws of Intestacy and Intestate Succession
You can find the laws of intestacy in Chapter 732 of the Florida statutes. The laws provide a default set of rules for distributing a person’s assets when they die without a valid will.
Under Florida’s intestacy succession, assets are distributed based on certain life circumstances of the decedent. These circumstances are if the decedent was:
- Married with children together.
- Married with children, but none with the surviving spouse.
- Has children but was unmarried.
- Unmarried and does not have any children.
- Not survived by any relatives at all.
Married with children together.
If the decedent was married and had children with their spouse, the surviving spouse receives the first $20,000 of the estate’s value, plus one-half of the remaining estate. The children receives the other half of the estate.
Married with children, but none with surviving spouse.
The surviving children will receive one half of the estate and the surviving spouse receives the other half. This also applies when the decedent and surviving spouse has children together, but the surviving spouse also has other children that are not of the decedent’s lineage.
Has Children but was unmarried.
If the decedent had children but was not married the estate is distributed equally among the children.
Unmarried and does not have children.
If the decedent had no spouse or children, the estate is distributed to their parents (if both are living) or to their surviving parent (if one has died). When neither parent is living, the estate is distributed to the decedent’s siblings. In cases where the decedent’s siblings are not living, then the estate passes to their nieces and nephews.
No surviving relatives
If there are no surviving relatives who can inherit under these rules the estate will pass to the state of Florida.
Conclusion
It’s important to note that the laws of intestacy only apply if there is no valid will. If the court validates the decedent’s will, the asset distribution occurs according to the terms of the will.
This post is not meant to be exhaustive. You can find the related chapter of the Florida statutes here. As always you should consult an attorney that specializes in probate law to assess your unique case.
*I am not an attorney therefore the information in my posts is not legal advice.
Nadidra Notary Service is a notary public in Palm Beach, Florida that travels to you. I take estate signing appointments in the Palm Beach area for both local and out of county/state attorneys.
