What happens if someone dies in Florida without a will?

If someone dies in Florida with no will, the distribution of the deceased's estate will be subject to rules set forth in Chapter 732 of the Florida Probate Code. To prevent htis you should consult with Florida Bar Board Certified wills, trusts and estates expert Matthew A. Linde.

Distributing a Florida Estate without a Will for Guidance

In cases in which the deceased has a living spouse but no descendants, the spouse will be entitled to 100% of the estate. 

Where there is no will and the living spouse has descendants who are also descendants of the deceased, the living spouse will still be entitled to 100% of the estate. Now, suppose the deceased had descendants but were not descendants of the living spouse. In cases such as this, the living spouse would be entitled to 50% of the probate estate and the deceased's descendants would equally share the remainder of the estate.

When the individual dies without a will and there is no living spouse but there are descendants, equal shares of the estate will be split up amongst them. Any children of a deceased child will get the share that was entitled to the deceased parent.

If the deceased was not married and had no descendants, the estate will be distributed to the decedent's grandparents (who are very likely deceased) and then down to the issue (children) of those grandparents.  It can get quite complicated You may have heard the phrase "laughing heirs," which refers to relatives of a deceased person who inherit assets from someone they never knew personally.

Help from an Estate Planning Attorney in Fort Myers is Just a Phone Call Away

Florida Bar Board Certified wills, trusts and estates expert Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with your estate planning concerns, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions - 239-939-7100 or 844-357-0572.
Matthew A. Linde
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