What Happens If You Die Without a Will in Florida?

By Stokes McMillan Antunez Martinez-Lejarza P.A. on August 16, 2023

When someone dies without a will, the grieving family faces numerous questions. This article breaks down Florida’s probate process when there is no will, which is known as dying intestate.

Stokes McMillan Antúnez Martinez-Lejarza P.A. is a full-service Florida trusts and estates law firm providing services including, but not limited to, probate, estate planning, trust & estate administration, and trust and estate litigation. If you have any questions or wish to hire our firm, please contact us.

Understanding Probate Law

Probate law deals with the management of a deceased’s estate, distributing assets to beneficiaries and settling debts. Probate is necessary with or without a will, and each state has different rules. In Florida, the probate process is usually simple, but consulting a probate lawyer is advisable for smooth legal procedures.

Defining Trust & Estates

In probate law, trusts and estates are legal structures holding and distributing assets after death. A trust, like a living trust, is a legal entity owning assets and disbursing them as per the trust’s conditions, which often lets the estate skip probate. Conversely, an estate includes everything a person owned at the time of death, like property, money, and belongings.

The Probate Process in Florida

The probate process starts with naming a personal representative, who is usually specified in the will. Without a will, the court appoints a suitable representative. This person takes care of the estate, calculating the asset value, paying off debts, and sharing the remaining assets with the legal heirs. In the past, personal representatives had a daunting task; in the future, technology may streamline this process.

Probate with No Will

If someone dies without a will in Florida, their estate goes “intestate”. The probate court appoints a neutral administrator for asset distribution. The procedure involves identifying and informing legal heirs, beginning with the surviving spouse, then children, and then other family members. It’s important to realize that probate without a will can be more expensive and lengthy because of the extra steps required.

Do I Need Probate?

Probate is needed if the estate value crosses a specific threshold, differing by state. For example, in Florida, an estate must undergo probate if the assets exceed $75,000. However, some assets like jointly-owned property or funds in a transfer-on-death account can sidestep probate entirely.

The Role of a Probate Lawyer

A probate lawyer helps in guiding individuals through the probate process, maneuvering the legal obstacles. They support the estate administration; including both document preparation and filing, court representation, and resolving disputes.

Probate Costs in Florida

Probate costs fluctuate based on estate complexity and necessary services. Legal fees, court costs, and other expenses accumulate. Nonetheless, several states, including Florida, offer streamlined or simplified court processes that are both efficient and cheap for smaller or simpler estates.

Duration of Probate in Florida

The probate length depends on numerous factors, such as estate size and complexity, the personal representative’s efficiency, and possible disputes. Generally, the process takes several months to over a year. It’s neither fast nor cheap.

Are Probate Records Public?

In Florida, as in many states, probate records are public documents. This means anyone can access these documents, which might encompass the deceased’s assets, beneficiaries in the will, and debts owed.

FAQs

1. What happens to my assets if I die without a will in Florida?

If you die without a will in Florida, your assets get distributed according to state laws. Typically, your spouse & children receive your assets first, followed by other relatives if you have neither spouse nor children.

2. What if my spouse and I die simultaneously without a will?

If spouses die simultaneously without a will in Florida, assets get split as though they outlived each other; half goes to the husband’s heirs and half to the wife’s.

3. Can I avoid probate in Florida?

Yes; you can take steps, like putting assets in a living trust or having joint property ownership in order to avoid probate in Florida.

4. What is the deadline for probate in Florida?

There is no specific deadline to begin the probate process in Florida; however, it’s usually best to commence immediately after a death occurs.

5. What if I can’t afford a probate attorney?

If you can’t afford one, there are legal aid services offering free or budget-friendly help. Many lawyers also have payment plans or work on contingency.

Contacting the Correct Probate Attorney

DISCLAIMER

This article was partly generated by the use of artificial intelligence or AI, and is provided as general information for educational purposes only. This article is not intended to provide specific legal advice, and should not be relied upon as a substitute for competent advice from a licensed attorney. To speak with one of our attorneys all you have to do is click here. If you’re interested in more in-depth ruminations on this area of the law written 100% by a live human being, visit firm partner Juan Antunez’s bio and click on the Florida Probate & Trust Litigation Blog.