A will allows a person to direct who gets their property when they die. When a person in Florida dies without a will, they die “intestate.” The laws of intestacy direct who inherits assets when someone dies without a will.
Intestate succession in Coral Gables can be complex. If your loved one died without a will, contact a skilled probate attorney to ensure you understand your rights.
Procedure When Someone Dies Intestate
If a person dies without a will, the family must go through probate to gain access to the deceased person’s (decedent’s) probate estate. The decedent’s probate estate is any property they owned solely in their own name.
The decedent’s homestead does not count as part of the probate estate. Any property they held jointly with someone else passes to the co-owner without the need for probate. Property with a designated beneficiary does not need to go through probate, including:
- Retirement accounts
- Bank accounts with payable on death (POD) designations
- Life insurance policies
- Trusts
The law also exempts furniture and appliances in the decedent’s residence up to a value of $20,000 and two vehicles weighing less than 15,000 pounds each.
When the probate estate is valued at less than $75,000 or the person died more than two years ago, a family could request a simplified process called summary probate administration. In other cases, the estate must go through formal probate administration. An attorney in Coral Gables could help a family set up their estate plan so intestate succession is avoided.
The Spouse’s Share Under Intestate Succession
Florida Statute § 732.102 describes the spouse’s share of the probate estate when a decedent dies without a will. Only someone who is a legal spouse at the time of the decedent’s death can inherit. Former spouses and common-law spouses cannot inherit under the laws of intestacy in Coral Gables.
When a spouse survives and the decedent left no surviving children, the spouse receives the entire probate estate. If the decedent and the surviving spouse are the parents of all the children either spouse has, the surviving spouse receives 100 percent of the probate estate.
If the decedent has any surviving children who are not also the children of the surviving spouse, the spouse receives half the estate and all the decedent’s children share the other half equally. When the surviving spouse has children who are not the children of the decedent, the spouse receives half the estate and only the decedent’s children receive the other half.
Distribution of Assets When No Spouse Survives
When a decedent dies intestate without a legal spouse but leaves biological or legally adopted children, the children get 100 percent of the probate estate. Children need not be legitimate to inherit, and when a child is born after the decedent’s death, that child is entitled to an equal share with their siblings. However, foster children, stepchildren, or dependent children who were not legally adopted cannot inherit when a decedent dies intestate.
The estate is divided equally between all the children, so the amount of a child’s share depends on how many siblings they have. When a child dies before their parent, and that child had children of their own, the decedent’s grandchildren through the predeceased child inherit their parent’s share.
Ensuring each child receives an appropriate share can come with complications. A Coral Gables attorney can help a family distribute assets as the intestate succession laws direct.
Contact a Coral Gables Attorney About Intestate Succession Today
The law determines who inherits and how much they get when someone dies without a will. If your family member died intestate, be sure to work with someone on our team so you apply the laws of intestacy correctly. Talk to a legal professional at The Florida Probate & Family Law Firm about intestate succession in Coral Gables, and schedule a free case evaluation today.