Florida Intestate Succession Lawyers
When someone you love dies in Florida without a will, state law, not your family, decides who inherits. At Florida Probate Law Firm, our Florida intestate succession lawyers help families understand those rules and guide each estate through the courts with clarity and care. We focus only on probate and estate administration, and we serve families in all 67 Florida counties.
Losing a parent, spouse, or child is painful enough on its own. We see you, we listen, and we handle the legal steps so you can focus on the people who matter most. If your loved one passed away without a will, call us at (561) 210-5500 for a free initial consultation.
What Is Intestate Succession in Florida?
Intestate succession is the set of Florida laws that decides who inherits property when a person dies without a valid will. In plain terms, when there is no will, the state fills in the blanks and directs where the property goes.
The word “intestate” simply means dying without a will. When that happens, Florida’s intestate succession statutes take the place of the wishes a will would have expressed. The court still opens a probate case, appoints someone to manage the estate, and oversees the transfer of assets.
Some families are surprised to learn that probate is often required, whether or not a will exists. The real difference is simply who gets to decide where the property goes: the person who wrote the will, or the state.
A few terms come up often in these cases:
- Decedent: the person who has died.
- Intestate: passing away without a valid will.
- Heir: a relative Florida law recognizes as able to inherit.
- Personal representative: the person the court appoints to manage the estate, called an executor in some other states.
Understanding these words early makes the rest of the process far easier to follow, and our team explains each one as it applies to your family.
Who Inherits When There Is No Will in Florida?
When there is no will, Florida law passes property first to a surviving spouse and children, then to other relatives in a set order. Your loved one’s wishes, however clear in conversation, do not control the outcome once the statute applies.
A surviving spouse’s share depends on the family structure. If the decedent had no children or other descendants, the spouse inherits the entire estate. The spouse also inherits everything when all of the decedent’s children are shared children of the couple and the spouse has no other children.
The result changes for blended families. If the decedent left children from another relationship, or if the surviving spouse has children from another relationship, the spouse receives one-half of the estate and the decedent’s descendants share the other half.
Consider a common example. A husband dies without a will, leaving his wife, their two children together, and one adult child from an earlier marriage. Because of that stepchild relationship, the wife inherits one-half of the estate rather than all of it, and the three children share the remaining half.
When there is no surviving spouse, or after the spouse’s share is set aside, Florida’s order of heirs follows this path:
- Children and their descendants, who inherit per stirpes, meaning a deceased child’s share passes down to that child’s own children.
- The decedent’s parents, equally or to the survivor of them.
- Brothers and sisters, and the descendants of any who have already died.
- Grandparents, and then aunts, uncles, and their descendants.
If no relatives can be found on either side of the family, the estate can eventually pass to the State of Florida, though that outcome is rare because the law reaches deep into the family tree first.
How Our Florida Intestate Succession Lawyers Help You
Our role is to turn an intimidating court process into clear, manageable steps. From the first phone call, you work directly with a partner, not a junior staffer who is learning on your case.
In more than 1,000 Florida probate matters over the past five years, we have handled estates of every size and complication. That volume means we have already seen the unusual situations that a general practice firm might encounter only once in a career, from missing heirs to tangled family disputes.
When there is no will, we help you with each stage, including:
- Determining whether the estate qualifies for summary or formal administration.
- Petitioning the court to appoint the right personal representative.
- Identifying heirs and confirming who inherits under Florida law.
- Publishing notice to creditors and reviewing any claims that come in.
- Preparing the inventory, accounting, and final distribution to heirs.
We can even serve as the personal representative ourselves when a family prefers a neutral party. Whatever your situation, we keep you informed at every step, and we are glad to answer questions at (561) 210-5500.
Which Assets Pass Through Florida Intestate Succession?
Only assets held in the decedent’s sole name, with no named beneficiary, pass through intestate succession. Many valuable assets move to loved ones outside of probate entirely.
This distinction matters because it decides how much of an estate the intestate rules actually control. Some property transfers automatically, without waiting on the court at all.
Assets that usually pass outside probate include:
- Life insurance and retirement accounts with a named beneficiary.
- Bank or investment accounts with a payable-on-death or transfer-on-death designation.
- Property owned jointly with a right of survivorship.
- Assets already titled in a living trust.
We review the full picture of what your loved one owned, so you know exactly which assets fall under Florida intestate succession and which do not.
What Is the Difference Between Summary and Formal Administration?
Florida offers two main types of probate, and the right one depends mostly on the size and age of the estate. Choosing correctly can save your family months of time and considerable cost.
Formal administration is the full, court-supervised process. It is generally required when the estate is valued above $75,000, and the decedent died within the past two years, and a personal representative is appointed to handle everything from creditor notices to the final distribution.
Summary administration is a streamlined option. It is available when the estate is valued at $75,000 or less, or when the decedent has been gone for more than two years, and it usually moves faster because no personal representative is appointed.
There is also a limited option called disposition without administration, meant for very small estates that hold only certain exempt assets. Not every estate qualifies, and the rules are specific.
Our intestate succession attorneys review the estate’s assets and history, then recommend the simplest process the law allows for your family’s situation.
Florida Homestead and Spousal Protections You Should Understand
Florida offers strong protections for a surviving spouse and children that can override the basic inheritance rules. These protections are one reason Florida probate works differently from almost any other state.
The Florida homestead is the decedent’s primary residence, and the state constitution shields it in special ways. If the decedent is survived by a spouse or minor children, the homestead generally cannot be left to just anyone and instead passes by law to protected family members.
A surviving spouse typically receives a life estate in the home, with the children receiving the remainder, or the spouse may elect to take a one-half interest instead. These choices carry long-term consequences, and we walk families through them carefully.
Florida also gives a surviving spouse an elective share of 30% of the elective estate, along with exempt property and a family allowance during administration. Together, these rules can meaningfully change who receives what, even when no will exists.
Because Florida probate carries these unique layers, having a probate-focused team review your situation early can prevent costly missteps down the road.
A Modern, Statewide Approach to Florida Probate
At Florida Probate Law Firm, our Florida intestate succession lawyer team built our firm around technology and efficiency, so families across Florida can complete probate without long delays or unnecessary trips to an office. Everything can be handled electronically, from signatures to court filings.
Our fully electronic process lets us serve clients in all 67 Florida counties, from Miami-Dade and Broward to Palm Beach, Orange, and the Panhandle. Whether you live near our Boca Raton or across the country, distance is not a barrier.
Efficiency matters when you are grieving. We typically open an estate within about one month and complete a straightforward administration in roughly five to six months, moving as quickly as the family is ready to sign the paperwork.
We also believe in transparent pricing. Rather than charging a percentage of your inheritance, we bill on a clear hourly basis, so the value of the estate does not inflate your legal costs.
This modern, focused approach lets us deliver responsive service while keeping the process predictable for your family.
Why Families Across Florida Choose Us
Choosing the right firm makes a real difference in how smoothly an intestate estate moves forward. Families across the state turn to us for a few clear reasons:
- Probate is our entire focus. We handle probate and estate administration every day, not as a side practice.
- You work directly with a partner. Attorneys Thomas R. Walser and Michael Bracchi personally handle client matters from the first consultation, and Michael has practiced law since 2003.
- Deep experience across Florida. With more than 1,000 cases in five years, we understand the local quirks of courts throughout the state’s 67 counties.
- A modern, tech-forward process. Digital signatures, secure online portals, and virtual consultations keep your case moving.
- Real empathy. Michael has personally lost both of his parents and understands the lost feeling that comes with settling an estate.
When you are ready, we are ready. Call (561) 210-5500 to speak with a probate attorney who will treat your family with the care and honesty you deserve.
Talk With a Florida Intestate Succession Lawyer Who Puts Your Family First
You do not have to sort out Florida’s intestate succession laws on your own. Our probate-focused team handles the court filings, deadlines, and difficult details, so you can focus on healing and on your family.
We serve clients in all 67 Florida counties from our offices in Boca Raton, using modern technology to keep the process efficient and clear. From the very first call, you will speak directly with an attorney who understands both the law and the loss behind it.
Call Florida Probate Law Firm today at (561) 210-5500 for a free initial consultation, or reach us at info@floridaprobatefirm.com. When you are ready, we are ready to help.
FAQs about Florida Intestate Succession
In most cases, no. Children are generally not personally liable for a parent’s debts simply because they are the children. Debts are paid from the estate’s assets during probate, and if the estate cannot cover them, the shortfall usually does not become the family’s personal responsibility. We often caution families not to pay bills they are not legally obligated to pay.
Generally not. Florida’s intestate succession laws recognize spouses and blood relatives, so a long-term partner who was never married to the decedent typically does not inherit under these rules. This is one reason planning matters, and it can be a painful surprise when a couple assumed the survivor would be protected.
Usually not, unless they were legally adopted. Florida intestate succession treats legally adopted children exactly like biological children, but stepchildren who were never adopted generally have no automatic right to inherit. If a stepchild was legally adopted or named in another valid document, the outcome can differ.
If a diligent search finds no eligible heirs, the estate can eventually pass to the State of Florida through a process called escheat. In practice this is rare, because Florida law looks far into the extended family, including grandparents, aunts, uncles, and cousins, before that step is ever reached.
Often yes, but the process can be much simpler. Smaller estates may qualify for summary administration or, in very limited situations, may avoid formal probate altogether. We review the assets involved and recommend the most efficient path available under Florida law.
Sometimes. When all affected heirs are in agreement and act voluntarily, Florida law allows certain family settlement arrangements that adjust how assets are distributed. These agreements must be prepared carefully to be valid, and we help families put them together the right way.
