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Every state sets the priority ing to which claims must be paid. The estate's beneficiaries only get paid once all the creditor claims have been satisfied. Usually, estate administration fees, funeral expenses, support payments, and taxes have priority over other claims.
If a person dies without a will they are considered intestate "without a will". Therefore that person's property and estate is distributed ing to the state that is their home state. Real property is handled ing to state law. The distribution of all property is by relationship to the deceased.
When someone dies without a will in Florida, the court will identify all surviving family members to determine who will inherit the deceased's property. In some cases, this is an easy endeavor; however, that is not always the case.
If the personal administrator decides to pay creditors from an insolvent estate, they must do so in the following order. Secured creditors. Reasonable funeral, administration and testamentary expenses. Testamentary expenses can include things like probate fees and solicitor fees.
Typical Intestate Succession Rules Generally, a surviving spouse receives the largest share of a decedent's property, followed by the decedent's children. Children commonly include adopted children but not step-children or foster children.