What happens if someone in Florida dies without a will? The short answer: their estate goes through intestate probate, meaning Florida law decides who inherits.
This situation is more common than you might think. Many Miami residents pass away without a will, leaving families confused and sometimes in conflict. In this guide, we’ll explain Florida intestate succession laws, how probate works without a will, and why hiring a Miami probate attorney is essential in these cases.
🔹 What Is Intestate Probate?
“Intestate” simply means dying without a valid will. When this happens in Florida:
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The estate is still probated in court.
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Assets are distributed based on Florida’s intestacy laws (Chapter 732, Florida Statutes).
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The court appoints a personal representative (executor) to manage the estate.
👉 Key Point: Without a will, the deceased person’s wishes don’t matter legally—Florida law decides who gets what.
🔹 Florida Intestate Succession Rules
Here’s how inheritance works when there’s no will:
If There’s a Surviving Spouse
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Spouse only (no children): Spouse inherits 100%.
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Spouse + shared children: Spouse inherits 100%.
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Spouse + children from another relationship: Spouse gets 50%, children share the other 50%.
If There’s No Spouse
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Children inherit 100%, divided equally among them.
If No Spouse or Children
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Parents inherit next.
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If no parents, then siblings.
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If no immediate family, more distant relatives may inherit.
📌 Example: A Miami resident dies without a will, leaving a second wife and two children from a previous marriage. Florida intestate law gives 50% to the spouse and 50% to the children (shared equally).
🔹 What Assets Pass Through Intestate Probate?
Not all assets go through probate, even without a will. Assets that do go through intestate probate include:
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Real estate titled only in the deceased’s name.
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Bank accounts without joint owners or beneficiaries.
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Personal property (cars, jewelry, collectibles).
Assets that avoid intestate probate include:
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Property in a living trust.
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Jointly owned property with survivorship.
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Retirement accounts or life insurance with named beneficiaries.
🔹 Challenges of Intestate Probate in Miami
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Blended Families
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Conflicts often arise between surviving spouses and children from prior marriages.
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International Heirs
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Many Miami families have heirs living outside the U.S., creating delays.
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Unmarried Partners
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Florida does not recognize common-law marriage. A long-term partner inherits nothing without a will.
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Unclear Property Titles
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Real estate in Miami often involves complicated ownership structures (condos, LLCs, vacation homes).
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🔹 Why You Need a Probate Lawyer for Intestate Cases
Probate without a will is often more complicated than probate with one. A Miami probate lawyer helps by:
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Ensuring assets are identified and valued correctly.
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Filing all required petitions with the Miami-Dade Probate Court.
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Resolving disputes among heirs.
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Handling creditor claims and tax issues.
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Protecting surviving spouses’ and children’s rights.
📌 Local Insight: Miami Intestate Cases
In Miami, intestate probate is especially tricky because many families include:
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International heirs who live abroad.
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Real estate portfolios with multiple condos or investment properties.
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Blended families where children from prior marriages are involved.
Without a lawyer, these cases can turn into years of disputes.
Conclusion
When someone dies without a will in Florida, their estate goes through intestate probate. Florida law—not the family—decides who inherits. This often leads to confusion and conflict, especially in Miami’s diverse and international community.
A Miami probate lawyer ensures the process runs smoothly, heirs are treated fairly, and costly mistakes are avoided.
📞 If you’re dealing with an intestate estate in Miami, contact our probate lawyers today. We’ll guide you step by step and protect your family’s rights.
