If you are looking at the word intestate and questioning it's meaning, don't worry we are here to explain. We are also here for those of you who want to avoid that exact situation, so let us explain and go over what steps can be taken.
Let's start with a basic meaning of the term, this occurs when a person in Florida passes away without a will, their estate is considered "intestate." This situation can lead to confusion and potential disputes among surviving family members. Understanding intestate succession under Florida law is crucial for anyone wanting to grasp how assets are distributed in the absence of a will. We will go over some of the key principles of intestate succession in Florida, how it works, and why hiring an attorney can be beneficial.
What Is Intestate Succession?
Intestate succession in Florida refers to the process by which a deceased person’s assets are distributed according to state laws when there is no valid will. This can be an issue for any and all surviving relatives connected to the deceased. Without a valid will the distribution of assets becomes more complex which is where each states set of laws come into play. Florida’s intestacy laws prioritize family members, specifying how the estate will be divided among survivors as outlined FL Statute Chapter 732.
The Hierarchy of Heirs in Florida
When it comes to figuring out whom the heirs are in an intestate succession case, Florida law establishes a clear hierarchy. Each relative is ranked and identified based on their relation to the deceased as follows:
Surviving Spouse and Children:
If the deceased is survived by a spouse and no children, the spouse inherits the entire estate if there are no children from a previous relationship.
If there are children from both the surviving spouse and a prior relationship, the estate is typically split.
Children:
If there is no surviving spouse, the estate goes entirely to the decedent's children, divided equally among them.
If a child has predeceased the parent but left descendants, those descendants (the deceased child’s children) will inherit their parent’s share.
A biological child has the right to inherit from their parents under intestate succession laws.
An adopted child is considered the child of their adoptive parent for inheritance purposes.
Parents:
If there are no surviving spouse or children, the estate typically passes to the deceased’s parents.
Siblings:
If both parents are deceased, siblings inherit the estate. If a sibling has passed away, their children (the deceased’s nieces and nephews) will inherit that sibling’s share.
Extended Family:
If no immediate family members are found, the estate may pass to more distant relatives, such as the decedent's grandparents or their descendants, aunts, uncles, or cousins.
Escheat to the State:
If no relatives can be located, the estate escheats to the state of Florida.
Special Considerations
Joint Ownership with Surviving Spouse
Assets owned jointly with rights of survivorship typically pass directly to the surviving owner, regardless of intestate succession laws. This includes properties, bank accounts, and other jointly held assets. It’s essential to understand how these assets are titled to ensure they are passed on as intended.
Community Property
Florida is not a community property state; instead, it follows common law regarding property ownership. However, any assets acquired during the marriage and titled in both spouses' names may be treated as marital property, which can affect the distribution of assets.
Designated Beneficiaries
Life insurance policies, retirement accounts, and payable-on-death accounts have designated beneficiaries, allowing these assets to bypass probate and intestate succession laws. It is crucial to regularly review these designations to ensure they reflect your current wishes.
The Role of Probate Court in Decedent's Estate
When someone dies intestate in Florida, the estate must go through probate court. A judge will appoint a personal representative (often a family member) to manage the estate, pay debts, and distribute assets according to Florida’s intestacy laws. The decedent's estate includes all assets and properties at the time of the decedent's death. The probate process can be lengthy and complex, particularly if disputes arise among potential heirs. Here’s a brief overview of the probate process in Florida:
Filing a Petition: The personal representative files a petition for administration in the appropriate probate court.
Notice to Heirs: All potential heirs must be notified of the probate proceedings. The role of the deceased spouse in the inheritance process is also considered during this stage.
Inventory of Assets: The personal representative must compile an inventory of the deceased’s assets and their values.
Paying Debts: Before assets are distributed, the estate must settle any outstanding debts, taxes, and expenses related to the probate process.
Distribution of Assets: After debts are settled, the remaining assets are distributed according to intestate succession laws. Following the decedent's death, the estate is distributed among surviving relatives. If there is no surviving spouse or children, the estate may pass to a surviving parent, along with other relatives.
Importance of Planning Ahead
Intestate succession highlights the importance of having a will and an estate plan. A will allows individuals to specify how they want their assets, including their personal estate, distributed, choose guardians for minor children, and minimize family disputes. Without proper planning, the intestate succession laws of Florida will dictate the distribution of the estate, which may not align with the deceased’s wishes.
Benefits of Estate Planning
Control Over Asset Distribution: With a will, individuals can decide who receives their assets, rather than leaving it to state law.
Guardianship for Minor Children: Parents can designate guardians for their minor children, ensuring they are cared for by someone they trust.
Reducing Family Conflict: Clear instructions in a will can minimize disputes among family members.
Tax Benefits: Proper planning may help reduce estate taxes and maximize what heirs receive.
Faster Distribution: A well-drafted estate plan can expedite the distribution of assets, reducing the time and costs associated with probate.
Taking Action
If you are someone who wants to take action and would like to avoid dying intestate. You should consider the following things or even contact a probate attorney to aid you in making these things happen:
Draft a Will: Consult an attorney to create a legally binding will that reflects your wishes.
Review Beneficiary Designations: Ensure that all assets, such as life insurance policies and retirement accounts, have updated beneficiary designations.
Communicate with Family: Discuss your estate plan with family members to prevent confusion and potential disputes.
Review Regularly: Life changes, such as marriage, divorce, or the birth of children, may necessitate updates to your estate plan.
Consider Other Estate Planning Tools: Explore trusts, durable powers of attorney, and healthcare directives to create a comprehensive estate plan.
Why Hire an Attorney?
We hope by now the word intestate has not scared you away, and that you have a thorough and clear understanding as to what steps you can take to avoid ending up in that situation.
We here at Demesmin and Dover Law Firm know how difficult it can be to navigate the complexities of intestate succession and the probate process in general. That is why you should call us so that one of our experienced attorneys can provide you with guidance, an understanding of your rights, and assist in ensuring that your estate is managed according to your wishes.