Probate Without A Will? You Need An Experienced Lawyer

When a loved one passes away without a will, families often feel confused and uncertain about what will happen in Florida. 

From our Fort Lauderdale, Florida office, we assist families dealing with intestate estates. At Jennifer D. Sharpe, P.A., our goal is to make a difficult time easier while protecting your rights and your loved one’s legacy through the probate process.

Dying Without A Will In Florida

When Florida residents die without a valid will, Florida statutes control asset distribution. The probate court appoints a personal representative, typically a close family member, to administer the estate. This representative must identify assets, pay liabilities and distribute remaining property according to statutory formulas rather than personalized instructions. 

Inheritances When There Is No Will In Florida

Florida intestate succession laws establish a strict hierarchy determining who receives estate assets if there is no will:

• Surviving spouse: If the deceased left a spouse but no descendants, the spouse inherits everything. When descendants are also the spouse’s descendants, the spouse still receives the entire estate. However, if the deceased had children from another relationship, the spouse receives only half the estate.
• Descendants: Children, grandchildren and more distant descendants inherit through per stirpes distribution when no spouse survives or when sharing with a spouse entitled to half.
• Parents and siblings: If no spouse or descendants survive, the deceased’s parents inherit equally. When parents are deceased, siblings and their descendants receive the estate.
• More distant relatives: Absent closer family, Florida law traces inheritance through grandparents, aunts, uncles and cousins following specific statutory patterns.

Understanding where you fall in this hierarchy helps clarify your rights during administration.

Potential Consequences Of Dying Without A Will In Florida

Intestate succession creates numerous problems beyond simple asset distribution. Family disputes often arise when relatives disagree about statutory interpretations or believe distributions seem unfair. Unintended beneficiaries may receive assets the deceased would never have chosen to pass on to them. Estranged family members sometimes receive shares while close friends or unmarried partners receive nothing regardless of relationship importance.

The probate process takes longer and costs more without clear testamentary instructions. Courts must conduct hearings establishing heirship, appointing representatives and approving distributions. 

Contact Our Intestate Succession Attorney

If you need help with intestate probate in Florida, call Jennifer D. Sharpe, P.A., at 954-361-9449 or send an email to schedule a consultation and learn how we can help you move forward.