06 Jan What to Do When a Loved One Dies Without a Will in Florida

Losing a loved one is a challenging and emotional experience. When that person passes away without a will, the situation can become even more complicated and stressful. In Florida, dying without a will is referred to as dying “intestate,” which means the state’s intestacy laws will determine how the deceased’s assets are distributed. Understanding what to do when a loved one dies without a will in Florida can help you navigate this difficult time with more clarity and confidence.

1. Understand Intestate Succession Laws in Florida

When someone dies without a will in Florida, the distribution of their estate is governed by the state’s intestate succession laws. These laws dictate who inherits the deceased’s assets based on their relationship to the decedent. Here’s a general overview of how assets are distributed under Florida law:

• Surviving Spouse: If the deceased was married and had no children (or all children were from the current marriage), the surviving spouse typically inherits the entire estate. If the deceased had children from a previous relationship, the estate is usually divided between the surviving spouse and those children.
• Children: If there is no surviving spouse, the deceased’s children inherit the estate. If a child has predeceased the decedent, their share typically passes to their descendants (i.e., the deceased’s grandchildren).
• Parents: If there are no surviving spouse or children, the deceased’s parents inherit the estate.
• Siblings: If the deceased has no surviving spouse, children, or parents, the estate passes to their siblings.

The exact distribution can vary depending on the specific circumstances, so it’s important to consult with an attorney to understand how the law applies to your situation.

2. Appoint a Personal Representative

When a person dies intestate, the court will appoint a personal representative (also known as an executor) to manage the estate’s administration. In Florida, the personal representative is usually the closest living relative, such as a surviving spouse or adult child. If there is no immediate family, the court may appoint another relative or a neutral third party.

The personal representative’s duties include:

• Identifying and gathering the deceased’s assets
• Paying any outstanding debts and taxes
• Distributing the remaining assets to the heirs according to Florida’s intestate succession laws

3. Open a Probate Case

In Florida, the estate of a deceased person typically goes through probate, whether or not there is a will. Probate is the legal process of administering the estate, paying debts, and distributing assets to heirs. When someone dies without a will, the probate court oversees the distribution of assets according to the state’s intestate succession laws.

To begin the probate process, the personal representative (or an interested party) must file a petition with the probate court in the county where the deceased resided. The court will then officially appoint the personal representative and authorize them to act on behalf of the estate.

4. Notify Creditors and Pay Debts

One of the responsibilities of the personal representative is to notify creditors of the deceased’s passing. This involves publishing a notice in a local newspaper and directly notifying any known creditors. Creditors typically have 90 days from the date of notice to file claims against the estate.

The personal representative must review all claims and determine their validity. Valid debts must be paid from the estate’s assets before any distribution to heirs can occur. If the estate does not have sufficient assets to cover all debts, the personal representative may need to sell assets to satisfy the obligations.

5. Distribute Assets to Heirs

Once all debts, taxes, and administrative expenses have been paid, the personal representative can distribute the remaining assets to the heirs according to Florida’s intestate succession laws. This distribution process is typically overseen by the probate court to ensure it is done correctly and fairly.

6. Seek Legal Assistance

Navigating the legal process of administering an intestate estate can be complex and overwhelming, especially during a time of grief. It’s important to seek legal assistance from an experienced probate attorney who can guide you through the process, ensure compliance with Florida law, and help resolve any disputes that may arise.

A probate attorney can assist with:

• Filing the necessary paperwork with the court
• Managing the probate process efficiently
• Handling disputes among heirs or creditors
• Providing guidance on the distribution of assets

When a loved one dies without a will in Florida, it’s essential to understand the steps required to administer their estate under the state’s intestate succession laws. By appointing a personal representative, opening a probate case, notifying creditors, paying debts, and distributing assets according to the law, you can ensure that your loved one’s estate is handled properly.

At Genesis Law, P.A., we understand how difficult it can be to manage these responsibilities during a time of loss. Our experienced probate attorneys are here to help you navigate the process with compassion and expertise. Contact us today to learn how we can assist you in managing your loved one’s estate and ensuring a smooth resolution by calling (772) 539-9831 or visiting https://genesislawpa.com/scheduleaconsultation/