Florida Personal Representative Without A Will
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FAQ
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.
If 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.
Determine your eligibility: In Florida, the personal representative of a probate estate must be at least 18 years old and have no felony convictions. You must also be a Florida resident, a close relative of the deceased, or a Florida resident who is related by marriage or adoption to the deceased.
If you are not married, then the Florida Intestacy Statutes gives everything to your descendants, meaning your children. If a child has died, his share passes that child's children, or if there are none, then it passes to your remaining children. If there are no children, then your estate passes to your parents.
In 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.