My Loved One Died Without a Will. Now What?

What is Probate?

Dying without a will is called ''intestate''. When this occurs, the individual's assets are distributed through a process called ''probate'' according to state law. Even if an individual does have a will in place, any part of that estate not included in the will goes through probate.

Probate is a legal process for distributing assets and paying off debts that are overseen by a court. Typically, a personal representative is appointed to administer the assets - similar to how a will would operate. Before any assets are distributed, the personal representative must first pay off debts and taxes owed by the deceased. Any assets left over after paying for those items will be doled out to surviving loved ones.



Florida state probate law creates an order in which loved ones will receive the assets of the estate:

1. If the deceased was married with children from that marriage, the spouse inherits the entire estate.
2. The spouse would inherit the entire estate if there were no children.
3. If the deceased has children but no spouse, the children inherit everything in the estate.
4. If the deceased was married and has children with that spouse, but the spouse also has children from another relationship, then the spouse and children from the marriage each inherit ½ of the estate. The spouse's children from another marriage do not inherit anything.
5. If the deceased was married and has children with that spouse but also children from another partner, again, the spouse and all of the children inherit ½ of the estate.
6. If the deceased is survived by their parents but has no spouse or children, then the parents will inherit the entire estate.
7. If the deceased is only survived by siblings, not a spouse, children, or parents, then the siblings inherit the estate.
8. If there are no relatives of any kind, the estate will go to the state of Florida. This process is called escheat, and the state will sell assets and pay the proceeds to the State School Fund.



There are specific exceptions for certain properties under Florida's intestate laws, which pass in a different manner than those described above. For example, if the deceased's homestead property is titled only in their name, the surviving spouse will take what is called a life estate in the property. A homestead property is the deceased's primary residence. This means that the surviving children will only take ownership of the property upon the spouse's death. However, according to state law, the surviving spouse can also split the property 50/50 with the children.

MMJ Law Can Help

Losing a loved one and taking on the task of handling their estate is an overwhelming thing to do - let us help. Working with a talented Florida estate planning lawyer at MMJ Law will help you understand the process. We will provide you with excellent legal advice to ensure your loved ones' assets are distributed according to the law and their wishes. Call MML Law in Florida today for help with probate or any other estate planning needs.