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.
Will An Estate Go to Probate if There Is No Will?
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 because a will does not exist, the probate court may have to go off the legal guidelines set out by Florida’s intestate estate laws.
Why Probate Occurs Without a Will
When someone passes away without a will, they have died “intestate.” As such, the process of probate for an intestate estate is much different than that of an estate where the deceased had a will. When no will is present, the probate must occur because:
- There is no executor named
- Potential heirs must be contacted
- Creditors must be notified
- Assets must be legally transferred
How Florida Intestate Succession Works
One of the most important parts of the probate process is the distribution of assets from the estate to beneficiaries. When no beneficiaries are named and there are no instructions on how to distribute assets, the court must adhere to the intestate line of succession in Florida. This is essentially a pre-determined list that the court can use to distribute assets when no will is present.
General Inheritance Order
- 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.
Why Florida Uses This System
The line of succession is meant to mirror the most common distribution preferences. However, this may not match your wishes, meaning certain individuals may be legally entitled to your property despite the fact that you do not want them to inherit a portion of your estate.
Which Children Can Inherit an Estate in Florida Intestacy
It’s important to understand that, while the law says that descendants are eligible to recover a portion of the estate in some circumstances, only certain descendants are legally entitled to assets.
Children Entitled to Inheritance
- Biological children
- Legally adopted children
- Posthumous children (children conceived before death)
- Children born outside of marriage to whom they established or acknowledged paternity
- Grandchildren, if their parent (i.e., the eligible child) has sadly passed away
Children Who Are Not Entitled to an Inheritance
- Step-children (unless they have been legally adopted)
- Foster children
- Non-biological children (unless there is legal recognition_
What Assets Pass Through Intestate Probate?
Probate can be an incredibly complicated process, which is why many individuals prioritize estate planning. Not only does this allow them to ensure that they have a say in how their assets are distributed and which beneficiaries can recover a portion of the estate, but proper estate planning can also help some assets avoid this process.
Assets That Do Go Through Probate
- Solely owned real estate
- Personal property (jewelry, furniture, electronics)
- Bank accounts (that do not have named beneficiaries)
- Life insurance policies (that do not have named beneficiaries)
Assets That Do Not Go Through Probate
- Property held in a trust fund
- Joint accounts with right of survivorship
- Assets with beneficiary designation (Transfer-on-Death or Pay-on-Death accounts)
Contact an Experienced Estate Planning Attorney Today
As you can see, passing away without a will means that your assets and beneficiaries will be vulnerable to Florida law instead of your wishes. As such, if you are ready to begin planning your estate, working with The Probate Lawyers is Broward County is in your best interest. We can assist you through the process so you can obtain the necessary peace of mind for the future. Contact us today to learn how we can represent you.
