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Sadly, if you die before getting around to establishing a valid and enforceable Last Will and Testament, you may be considered to have died intestate. This means that the property you have left behind may be left to the mercy of Florida’s intestate succession laws. Essentially, these laws dictate which of your relatives receives which of your property, and in what order. But, as you may have likely already considered, these laws may not apply if you do not have any surviving relatives upon your untimely passing. In a case like this, please read on to discover what happens to your property if you die without a will and no living relatives and how a seasoned Broward County will lawyer at The Probate Lawyers can help you better understand the gravity of this matter.

What property passes through intestate succession?

Of note, only assets set to pass through the Florida probate court may be affected by the state’s intestate succession laws. This is to say that many valuable assets do not undergo probate and thereby are left untouched. More specific examples of such assets read as follows:

  • The property you have already transferred into a living trust.
  • Your life insurance proceeds with which you have named a beneficiary.
  • Your IRA and 401(k) funds with which you have named a beneficiary.
  • Your securities with which you have a transfer-on-death account.
  • Your real estate property with which you have a transfer-on-death deed.
  • Your vehicles with which you have a transfer-on-death registration.
  • Your bank accounts which are payable on death,
  • Your property which is owned in joint tenancy.

Which relatives are included in intestate succession?

The Florida probate court must observe a certain order of succession when considering and distributing qualifying assets, as established by the state’s intestate laws. This order of succession reads as follows:

  1. Your surviving spouse.
  2. Your surviving children.
  3. Your surviving parents.
  4. Your surviving siblings.
  5. Other important considerations:
    • Your surviving stepchildren.
    • Your surviving adopted children.
    • Your surviving grandchildren.

What happens to my intestate property if I have no living relatives?

Say, for instance, that you never had children of your own. At the same time, you sadly may not have a living spouse or either of your parents with you. And if no surviving siblings, cousins, nieces/nephews, aunts/uncles, or other distant relatives step forward to the Florida probate court at the time of your death, your remaining property may go to the state of Florida itself. In other words, your property may “escheat” into the state’s coffers.

With that being said, if you anticipate having no living relatives upon your passing, there may be ways to account for this in your estate plan. This is so that your property can be put to more use than simply residing in the state’s coffers. For this, we advise you to reach out to a competent Broward County estate lawyer sooner rather than later. We are confident that you will not regret retaining the services of our team at The Probate Lawyers.