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Hear this out loud PauseWhen a person dies intestate (without a will), a petition for administration of the estate is filed, and the probate court appoints a qualified person to serve as the "personal representative" to administer the estate. Preferences in appointment of the personal representative are governed by §733.301(1)(b), Fla. Stat.
Hear this out loud PauseIn Florida, if you die without a will, and you're married, your spouse will get all of your estate assets, even if you have children. However, if you have children from a previous relationship, your spouse will only inherit half of your estate, and your children will inherit the other half.
Hear this out loud PauseIf a family member dies intestate (without a will), an heir must go to court and obtain ?Letters of Administration.? In this case, probate court assigns a relative to serve as the personal representative. This assigned person has the authority to settle all matters regarding the decedent's estate.
Hear this out loud PauseFirst you'll need to choose a personal representative for the estate and file a petition with the clerk of the Circuit Court in the county where your loved one lived. To serve as the personal representative, you must also file an Application for Administration for an intestate estate.