What You Should Know About Probate in Florida (Part B)

If you fail to have a valid will prepared, your property may not be distributed according to your wishes. While you are of sound mind, you may benefit by discussing your affairs with an estate planning attorney in Fort Myers, Florida, who can explain the potential impact of laws regarding probate in Florida.

Probate in Florida: When You Die Without a Valid Will

In most cases in the absence of a will, the decedent's assets will be shared as follows:


  • the surviving spouse gets probate assets when there are no lineal descendants;
  • all parties get a percentage of the estate when there is a surviving spouse as well as lineal descendants;. 
  • the descendants will share the estate when there are lineal descendants and no surviving spouse;
  • the grandchildren will get their parent’s share if the child (the grandchildren’s parent) of the decedent is deceased;
  • surviving parents will be entitled to probate property if there is neither a surviving spouse nor lineal descendants; and
  • in all other cases, Florida law will mandate asset disposition.

Of course, there are exceptions to the above provisions, especially in cases involving:

  • ·         homestead property;
  • ·         statutory allowances to the surviving spouse or descendants; and
  • ·         exempt personal property.


To ensure that your legal rights are protected during the probate process, you should seek the guidance of an estate planning attorney in Fort Myers, Florida.

Supervision of Probate Administration

Probate proceedings are commonly presided over by a Circuit Court judge, who may hold hearings, resolve all concerns by handing down orders, and appoint a personal representative to handle the administration of the estate

Dealing with the probate process in Florida can be mentally draining, considering you have just lost a loved one. You can do yourself a favor by reaching out to an estate planning attorney in Fort Myers for help throughout this often difficult process.

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

Fort Myers estate planning attorney 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 probate 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 844-764-5492.