Will and Living Will: Part 1 in a 3 part series from the Clearwater, Florida Law Firm of BaskinFleece.
If someone dies in Florida without a valid will, he or she is “intestate.” (A person not having made a will).
Even if the decedent dies intestate, his or her probate assets are almost never turned over to the State of Florida. The state will take the decedent’s assets only if the decedent had no heirs. The decedent’s “heirs” are the persons who are related to the
decedent and described in the Florida statute governing distribution of the decedent’s probate assets if he or she died intestate.
If the decedent died intestate, the decedent’s probate assets will be distributed to the decedent’s heirs in the following order of priority:
1. If the decedent was survived by his or her spouse but left no living descendants, the surviving spouse receives all of the decedent’s probate estate. A “descendant” is a person in any generational level down the descending line from the decedent and includes children, grandchildren, and more remote descendants.
Priorities 2-5 will be discussed in the next 2 blog topics.
For help or answers to will and estate planning related questions, you can contact BaskinFleece at 727.572.4545.
The information above is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.