Probate When There Is No Will in Florida
When someone dies without a valid will, Florida law decides who inherits. This is called dying intestate. Probate is usually still needed to transfer assets in the person's name alone, and the court must also decide who will serve as personal representative.
We help Lakewood Ranch, Sarasota and Bradenton families sort out who the legal heirs are, open the estate and move it to a close.
Who Inherits Under Florida Law?
Spouse, no children: the spouse inherits everything.
Spouse and children, where all the children are also the spouse's and the spouse has no other children: the spouse inherits everything.
Spouse and children, where some children are from another relationship (on either side): the spouse receives one-half, and the descendants share the other half.
Children, no spouse: the children share equally. A deceased child's share passes to that child's own children.
No spouse or children: parents, then brothers and sisters and their descendants, then more distant relatives.
Florida homestead follows special rules. If the person leaves a spouse and children, the spouse usually receives a life estate in the home and the children receive the remainder. The spouse may instead elect to take a one-half interest within a set deadline. These rules can create real conflict in blended families, so early advice matters.
Who Serves as Personal Representative?
Without a will, Florida gives first priority to the surviving spouse. Next comes the person chosen by a majority of the heirs, then the heir most closely related. We help families agree on the right person and avoid disputes.
Common Complications
Blended families and stepchildren, who don't inherit unless legally adopted
Minor heirs, who may need a guardianship of property
Heirs who can't be located
Florida homestead and protected-property questions
Frequently Asked Questions
What happens to bank accounts when there is no will?
Accounts with a named beneficiary or joint owner pass directly. Accounts in the person's name alone usually require probate.
How do I prove who the heirs are?
The petition lists the heirs and their relationships. In some cases the court requires additional proof of family relationships.
Want to make sure your own family never faces this? Read What Happens If You Die Without a Will in Florida or learn about wills.
Related Probate Services
Talk to a Lakewood Ranch Probate Attorney
Lost a loved one who didn't leave a will? We'll explain who inherits and how to move forward. Schedule a free consultation or call 941-909-8331.