
When your loved one sadly passes on, their executed estate plan may become active. This means that their appointed executor may pay off their outstanding debts and distribute their remaining assets to their designated beneficiaries, all under the watchful eye of the Florida probate court. The executor may know what to do thanks to your loved one’s will document. But if there is no will document, there may not be an appointed executor in the first place, let alone directions on what is to become of their estate’s assets. If you are an intended beneficiary and find yourself in this scenario, please follow along to find out what happens during probate court proceedings without a will document to reference and how a proficient Broward County wills lawyer at The Probate Lawyers can help you better understand what to anticipate.
What happens in the Florida probate court without a will document?
First of all, you should know that your loved one’s estate may go through the probate process regardless of whether they executed a valid and enforceable will document before their death. Therefore, if there were no legal guidelines set out in their estate plan, the probate court may have to go off of the legal guidelines set out by the state’s intestate succession laws. These laws essentially dictate the order in which relatives should receive your loved one’s assets. The specific succession starts off as follows:
- If your loved one had children but no spouse: their children may inherit everything.
- If your loved one had a spouse but no children: their spouse may inherit everything.
- If your loved one had a spouse and children with that spouse: their spouse may inherit everything.
- If your loved one had a spouse and children with that spouse, and also children from another relationship: their spouse may inherit half and their children the other half.
As you may see, Florida’s intestate succession laws prioritize your loved one’s spouse and children. But if they have no surviving spouse or children, next in line may be their parents, then their siblings, and then their more distant relatives (i.e., grandparents, siblings, nieces, nephews, aunts, uncles, cousins, etc).
Which children may be administered intestate property?
Your loved one’s children may have to divide the intestate property amongst themselves. It is worth knowing which children are entitled to a share. The list reads as follows:
- Your loved one’s biological children.
- Your loved one’s legally adopted children.
- Your loved one’s posthumous children.
- Your loved one’s children born outside of marriage to which they established or acknowledged paternity.
- Your loved one’s grandchildren if their parent (i.e., the eligible child) has sadly passed away.
There is no need to remain hesitant when you have a talented Broward County estate lawyer on your side and supporting you. So please inquire with us at The Probate Lawyers at your earliest possible opportunity.