Boca Raton Intestate Succession Lawyers
When someone dies without a will in Florida, state law, not the family, decides who inherits. This is called intestate succession, and it still requires a probate court process to move assets to the rightful heirs. At Florida Probate Law Firm, our Boca Raton intestate succession lawyers help families understand these rules and complete probate efficiently, so property reaches the people who are entitled to it.
If you recently lost a loved one who left no will, you are likely holding a stack of questions and very few answers. Call us at (561) 210-5500 for a free consultation, and we will explain exactly where you stand.
Losing a family member is hard enough without legal questions piling on top of grief. When there is no will, those questions multiply, because the rules that decide inheritance come straight from the Florida Statutes rather than your loved one’s written wishes. Our probate-focused firm handles these cases every day, and we are here to walk beside you in plain language.
What Is Intestate Succession in Florida?
Intestate succession is the legal process that decides who inherits when a person dies without a valid will. Florida’s rules, found in Chapter 732 of the Florida Statutes, pass the estate to the closest surviving relatives in a fixed order. The court, not the family, applies these rules.
The word “intestate” simply means dying without a will. When that happens, the person who passed is called an intestate decedent, and their property becomes an intestate estate. Florida law then steps in as a kind of default will.
This default plan may not match what your loved one would have wanted. It cannot account for close friends, unmarried partners, stepchildren who were never adopted, or a favorite charity. Instead, it follows a strict formula, which is why early guidance matters so much.
How Does Florida Decide Who Inherits Without a Will?
Florida decides who inherits based on which relatives survive the decedent, starting with the spouse and children. The share each person receives depends on the exact family structure at the time of death. Here is how the most common situations play out under state law:
- If there is a surviving spouse and no children, the spouse inherits the entire estate.
- If the spouse and the decedent share all of the same children, the spouse still inherits everything.
- If the decedent had children from another relationship, the spouse receives half, and those children share the other half.
- If there is no surviving spouse, the estate passes to the children in equal shares.
- If there is no spouse and no children, the estate moves on to parents, then siblings, then more distant relatives.
These categories cover most families, though real situations often carry wrinkles the statute does not spell out neatly. We review each family tree carefully, so the correct heirs are identified and the estate is divided the way the law requires.
Does an Estate Still Go Through Probate Without a Will?
Yes. An estate without a will still goes through Florida probate, and in many ways, the court process looks a lot like it does when a will exists. Probate is the court-supervised procedure for settling debts and transferring assets, and it applies under Chapter 733 of the Florida Statutes whether or not a will is found.
One of the most common misconceptions we hear is that skipping the will lets a family skip probate. The opposite is often true. Without a will naming a personal representative, the court has to appoint one, which can add a step and, at times, lead to disagreement among relatives.
The personal representative, called an executor in some other states, gathers assets, notifies creditors, pays valid debts, and distributes what remains. In Florida, the law requires an attorney for most probate administrations, which is one reason families reach out to us right away.
Florida offers a few different paths through this process, depending on the size and complexity of the estate:
- Formal administration, used for estates over $75,000 or those with complex assets, involves full court supervision.
- Summary administration, available for smaller estates under $75,000, or when the person has been gone more than two years, is a lighter and faster route.
- Disposition without administration, reserved for very small estates, applies only in limited circumstances.
We evaluate which path fits your situation during the initial consultation, and the rules for the summary process appear in Chapter 735. That way, you know what to expect before any paperwork is filed.
Understanding Florida's Homestead Protections
Florida’s homestead law protects a primary residence from most creditors, and it also controls who can inherit the home. When there is no will, homestead rules can override the general intestate formula in important ways. This protection comes from Article X, Section 4 of the Florida Constitution.
Under these rules, a homestead cannot pass freely if the decedent is survived by a spouse or minor children. Instead, the surviving spouse typically receives a life estate or may elect a one-half interest, with the children receiving the rest. These rules exist to protect families, even though they can complicate a seemingly simple inheritance.
Michael, one of our partners, is licensed in several states, and he often explains why Florida is a different animal from the Northeast. The homestead protections are a big reason. They shield the family home from creditors, but they also add procedural layers that catch many people off guard.
Because homestead questions surface in a large share of intestate cases, we look at the family residence early. Getting this piece right protects the home and keeps the rest of the estate moving.
Special Rules for the Family Home and Small Estates
The family home and smaller assets often follow special rules that sit alongside intestate succession. Florida sets aside certain property for the surviving spouse and children, separate from the general distribution formula. These protections can preserve important assets for the immediate family.
Beyond the homestead, Florida law reserves exempt property, such as household furnishings and a vehicle, up to set limits, for the spouse or children. The law also allows a family allowance to support them while the estate is being handled. These carve-outs recognize that families need stability during a difficult season.
For very small estates, summary administration or disposition without administration may wrap up in a matter of months rather than a longer formal case. We help families sort out which option applies, so no one pays for a heavier process than the situation calls for.
Deciding which assets are protected, which pass by the intestate formula, and which avoid probate entirely takes a careful look at the full picture. That review is exactly what we provide from day one.
How We Help Families Through Intestate Probate
When you work with a Boca Raton intestate succession lawyer at our firm, we handle the case from start to finish, so you do not have to learn the court system on your own.
Our firm focuses only on probate and estate administration, which lets us move cases forward with confidence and steady speed. We serve clients in all 67 Florida counties from our Boca Raton office on North Federal Highway, just up the road from Mizner Park.
Think of it like the difference between a family doctor and a cardiologist. A general-practice attorney may take a probate matter now and then, while we work these cases every day. That focus means we have already seen the unusual situations, from tangled family trees to hard-to-value assets, that a generalist might meet only once in a career.
Our approach is modern and fully electronic, a shift we leaned into after the pandemic. You can sign documents online, share files through a secure portal, and meet with us by video, so there is no need to drive to an office or attend hearings for a standard case. This is how we reach families from Boca Raton to Jacksonville to Pensacola without missing a step.
We also believe in clear, up front pricing. We bill hourly at $295 for attorney time, with a minimum deposit starting at $2,500, rather than charging a percentage of the estate. Many families are surprised to learn how high percentage-based fees can climb, and we think billing for our time, not for a slice of an inheritance, is simply the fair way to work.
Why Families Across Florida Choose Us
Families choose our firm because we pair deep probate focus with genuine care for the people we serve. We have handled more than 1,000 probate cases over the last five years, roughly 200 a year, which gives us practical command of Florida’s rules and the quirks of individual counties. Here is what sets our service apart:
- Probate-only focus, so your case is handled by attorneys who do this work all day, every day.
- Statewide coverage across all 67 Florida counties runs from a single Boca Raton office.
- Direct partner access, meaning you speak with Michael or Tommy, not a rotating cast of junior staff.
- Transparent hourly billing, with no percentage taken from the estate.
- A fully electronic process, built for speed and convenience.
There is real heart behind the process, too. Michael has lost both of his parents, so he understands the feeling of loss families carry when they first reach out. That lived experience shapes how we listen and how we guide. Call (561) 210-5500 to speak directly with a partner about your loved one’s estate.
How Long Does Intestate Probate Take in Florida?
Most intestate estates in Florida can be completed in about five to six months, not the years many people fear. The timeline depends on the type of administration, the assets involved, and how quickly paperwork is signed. With an attentive firm handling the filings, the process often moves faster than families expect.
We typically open an estate within about a month and complete a standard case in five to six months. Summary administration can be quicker, while a larger formal case with complications may run longer. We move at the speed of our clients, so when you are ready, we are ready.
Because we handle everything electronically and prepare pleadings quickly, we keep the case advancing instead of letting it stall. Staying on schedule is one of the ways we lift some weight off the families we serve.
Talk With a Boca Raton Intestate Succession Lawyer Today
When a loved one dies without a will, Florida’s intestate succession laws and probate court will shape what comes next, but you do not have to face that process alone. Our probate-focused team handles intestate estates across all 67 Florida counties, using a modern, fully electronic process and transparent hourly billing.
From our Boca Raton office, we help families understand their rights, protect the family home, and move the estate toward a timely close. Call Florida Probate Law Firm today at (561) 210-5500 for a free consultation, and let us help steer the boat while you focus on your family.
FAQs Answered by Our Boca Raton Intestate Succession Lawyers
Dying intestate means passing away without a valid will. When that happens, Florida law decides how the estate is divided among surviving relatives, following the order set out in the state statutes rather than any personal wishes.
In some situations, heirs can reach agreements about how to handle certain assets, but the court still oversees the process, and the statutory shares remain the starting point. We can explain what flexibility exists in your particular case.
For most probate administrations, Florida law requires an attorney to represent the estate. Beyond the requirement, a lawyer helps identify heirs, handle creditor claims, and complete filings correctly, which keeps the case on track.
Generally, children are not personally responsible for a parent’s debts. Debts are paid from the estate’s assets, and we often reassure clients that they should not pay bills they are not legally obligated to cover.
If a Florida resident owned property elsewhere, or an out-of-state resident owned Florida real estate, an added proceeding called ancillary probate may be needed. We coordinate these multi-state matters, so nothing falls through the cracks.
Our firm bills hourly at $295 for attorney time, with a minimum deposit starting at $2,500, rather than taking a percentage of the estate. We provide a preliminary estimate during your free consultation, so you know what to expect up front.
