When someone passes away without a valid will in place, they are said to have died “intestate.” In such cases, Florida’s intestate succession laws determine how the deceased’s assets are distributed among surviving family members. While these laws are designed to reflect what the average person might want, they often don’t align with an individual’s specific wishes or family dynamics.
At Verras Law, P.A., we help clients in Palm Harbor, Tampa, and St. Petersburg understand and navigate the complexities of Florida’s intestate succession rules. Whether you are trying to settle the estate of a loved one or want to ensure that your own estate avoids intestacy, our experienced estate planning attorneys are here to guide you.
What Is Intestate Succession?
Intestate succession is the legal process by which the state of Florida distributes the assets of someone who dies without a will or other valid estate plan. Instead of the decedent’s preferences guiding who receives what, the Florida Probate Code lays out a specific order of priority for heirs.
This process typically involves:
- Identifying legal heirs
- Appointing a personal representative (also known as an executor)
- Distributing assets according to statutory guidelines
- Navigating the probate court system
Who Inherits Under Florida Intestate Succession Laws?
Florida law provides a clear hierarchy of who inherits when someone dies intestate. The distribution depends on which relatives survive the decedent:
If the Decedent Was Married
- Spouse only, no children or other descendants: The spouse inherits the entire estate.
- Spouse and shared children: The spouse still receives the entire estate.
- Spouse and children from another relationship: The spouse receives half, and the children from outside the marriage share the other half.
If There Is No Surviving Spouse
- Children and other descendants: The entire estate is divided equally among them.
- No children or spouse: The estate passes to parents, then siblings, then nieces/nephews, and so on.
If no eligible heirs can be located, the estate may eventually “escheat” to the state of Florida.
Why Avoiding Intestate Succession Is Important
While Florida’s intestate succession laws aim to distribute assets fairly, they often fall short of honoring a person’s individual values or family situation. Here are a few reasons to avoid intestacy:
- No control over distribution: You lose the ability to choose who inherits your assets.
- Unintended heirs: Estranged relatives may receive assets over close friends or unmarried partners.
- Family disputes: When the law—not your intent—guides distribution, conflicts between family members are more likely.
- Delays and complications: Probate without a will can be more time-consuming and costly.
How Does the Process Work in Florida?
When a person dies intestate in Florida, their estate enters the probate process in the local county court—typically in the county where they resided, such as Pinellas, Hillsborough, or Pasco County. A judge will appoint a personal representative to manage the estate’s administration, including:
- Identifying and valuing assets
- Paying debts and taxes
- Locating heirs and distributing property
- Filing reports with the court
This process can become overwhelming, especially during a time of grief. At Verras Law, P.A., we provide compassionate and knowledgeable legal support to help families settle intestate estates with clarity and care.
Preventing Intestacy: The Role of an Estate Plan
The best way to avoid the uncertainty of intestate succession is to have a valid estate plan. A thoughtfully crafted plan may include:
- A last will and testament
- A living trust
- Beneficiary designations
- Powers of attorney
- Advance healthcare directives
By working with an experienced estate planning attorney, you can ensure your assets are distributed according to your wishes—not just default state laws.
How Verras Law, P.A. Can Help
Whether you’re navigating the probate process after a loved one’s intestate death or looking to protect your own legacy through estate planning, Verras Law, P.A. is here to help. Our legal team has extensive experience handling intestate succession cases across Palm Harbor, Tampa, and St. Petersburg. We provide clear guidance, skilled representation, and a personalized approach to every case.
Plan Ahead—Avoid the Pitfalls of Intestacy
Dying without a will in Florida can leave your family with added stress, legal confusion, and unwanted outcomes. Don’t leave your legacy up to chance. Contact Verras Law, P.A. today to schedule a consultation and take the first step toward securing your family’s future and avoiding intestate succession.