Intestate Succession In Florida
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FAQ
No Named Beneficiaries and No Will If you have no will, then your bank account after death in Florida will pass to the named beneficiary. However, if there is no named beneficiary then Florida intestate laws step in. A state-appointed executor will follow these rules to distribute the money.
Florida law requires that you hire a lawyer for probate, in almost all cases. The court will issue letters of administration, which is the document that gives the personal representative legal and financial authority to take care of everything that comes with handling and closing out your loved one's estate.
If a Florida resident dies without a will, their property will pass to their closest relatives through the Florida intestate laws. Intestate laws set out a rigid formula for judges to distribute assets to family members to avoid a situation where the deceased person's assets end up with the state.
The first to inherit is the surviving spouse. There must be a valid marriage to be a surviving spouse. If there are no children, the spouse gets everything. Next in line are the children.
In the state of Florida, if someone dies without a will, their estate will pass by "intestate succession." This means the state will decide how to distribute the person's assets. The individual's spouse will typically be appointed as the personal representative, followed by any children of the deceased.