In Florida, if a person passes away without a will, state laws dictate how their estate is divided. This is known as intestate succession, and it follows a specific order. If you’re wondering how this works, here’s a breakdown of the process.
The Order of Inheritance
In Florida, the priority for inheritance is typically the closest family members. Here’s the order in which people will inherit:
- Spouse and Children: If the deceased had a spouse, the spouse inherits whole estate if the deceased and the spouse have children only with one another or if the deceased had no children; otherwise the spouse inherits half of the estate and the deceased’s children sharing the other half.
- Other Descendants: If a child of the deceased dies before the deceased, that child’s own children will inherit what would have been their parent’s share. If a child of the deceased dies after their parent, their estate inherits and a separate probate would be needed for them.
- Parents: If no surviving spouses or descendants exist, the property will pass to the deceased’s parents (each receiving 50%), or to the survivor of them.
- Siblings: In the absence of parents, the deceased’s siblings will inherit the estate.
- Nieces and Nephews: If no siblings exist, the estate may go to nieces and nephews.
Per Stirpes Distribution
Distribution by intestate succession is per stirpes (pronounced “purr STURP-ees”). This means that in the event that an heir predeceases the deceased, that heir’s children inherit only what their parent would have received, sharing that inheritance between them.
Informal Promises Don’t Count
Florida law is extraordinarily strict with estate laws. No inheritance gift is valid unless it is made through a will that was validly executed with the formalities required by Florida law. This applies even if there was an agreement or promise to make a gift and even if that agreement or promise was in writing.
Can You Inherit If All Heirs Are Missing or Deceased?
Only those individuals named in a will or those individuals named in the laws of intestate succession can inherit. In the event that no one can be found to inherit, the State keeps the property. This means that stepsiblings, stepchildren, stepparents, significant others (who are not married to the deceased), friends, etc. can never, under any circumstance, inherit unless they are named in a will. If you are in a situation where you would like an individual such as this to inherit your property, please give us a call to discuss establishing an estate plan.
Why You Need an Estate Plan
Florida law outlines how assets are distributed if there’s no will, but it’s better to have your plan. Without a will, the state decides who gets what, which may not reflect your wishes. A will lets you choose how your estate is shared, ensuring your loved ones are provided for. It also helps avoid conflicts and confusion among family members after you’re gone. Additionally, tools such as trusts and Lady Bird deeds can help people decide how their estate is handled while avoiding probate as well.
If you have any questions about a probate matter or setting up an estate plan for yourself or loved one, please give us a call.
About the Author
Andrew J. Oram
Andrew J. Oram is the founder and lead attorney at Oram Law, where he focuses on probate, estate planning, and real estate law. A proud double Gator, Andrew graduated summa cum laude from the University of Florida with degrees in English and Spanish, and went on to earn his Juris Doctor from the UF Levin College of Law. Known for his upbeat, client-first approach, Andrew blends deep legal knowledge with the smart use of technology to make complex legal processes easier and more efficient. His blog articles reflect a commitment to demystifying transactional law, offering practical guidance with clarity, responsiveness, and a personal touch.