If a person dies without a will (intestate) and the estate must go through probate, Florida law dictates how assets will be distributed. Therefore, understanding intestate succession in South Miami can be important whether you are a personal representative, heir, or simply want to understand what may happen if you pass without a will. An experienced wills attorney can assist in identifying heirs and applying Florida intestacy laws to the probate procedure.
What Is Intestate Succession?
Intestate succession is the rule for distributing an estate when no will, trust, or other estate planning device directs the issuance of a deceased person’s assets. In South Miami, Florida intestacy laws establish priority for distribution, including who will inherit and how much they will receive.
Distributing an intestate estate may lead to lengthy legal processes, high costs, and conflict. Some of the most common concerns and issues include identifying heirs or inheritance by unintended beneficiaries.
Who Inherits from an Intestate Estate?
In South Miami, intestate succession follows a specific order. The surviving spouse will always be the first to inherit, and if there are no living children, the spouse inherits the entire estate. If the deceased has living children, the spouse will inherit one-half of the estate, and the children will inherit the other. Grandchildren may also inherit their parent’s portion if they are deceased.
To inherit, the surviving spouse must have been legally married to the deceased, and the children must be biological or legally adopted by them.
If there is no living spouse or children, the deceased’s parents will inherit, then the deceased’s siblings, and any collateral relatives like aunts, uncles, nieces, nephews, and so forth.
What If There Are No Living Relatives?
If no living relative can be located, the estate will go through the escheatment process. During escheatment, the state of Florida takes control of the property and sells it. Proceeds from the sale are deposited into the State School Fund.
Intestate Succession and Probate Process
When a person passes without a will, their estate usually goes through the probate process. Probate is opened by filing a petition and providing the Miami-Dade County probate court with the date of the decedent’s death.
The court will then assign a personal representative to manage the estate’s affairs, including notifying creditors, paying any debts and taxes, and valuing the estate. If the deceased died without a will, these duties also include identifying the estate’s beneficiaries according to Florida intestacy laws.
Informal Probate and Intestate Succession in South Miami
Informal probate administration may be an option if the deceased’s estate is valued under $75,000 or if they have been dead for more than two years. The informal probate process is typically much faster and less costly than formal administration.
Disposition without administration is another option. However, this is only available in limited circumstances where there are no probate assets, and the value of any other assets does not exceed the funeral expenses.
A South Miami attorney can explain in-depth how intestate succession applies and what options you have to set up an estate plan that will fulfill your personal wishes.
Contact a South Miami Attorney Today to Discuss Intestate Succession
The Florida Probate & Family Law Firm helps individuals and families understand the implications of intestate succession in South Miami on their loved one’s estate. An attorney can assist you in drafting a will or taking other steps to prevent it from happening upon your death. Contact us today for a free case evaluation.