When someone passes away without a will, state intestacy laws govern the distribution of their belongings. This process is intestate succession, and it specifies who inherits assets based on their relation to the deceased.
Who Gets What?
If the individual was married and had children with said spouse, their spouse inherits everything. If there are children from another relationship, the state splits the assets. One-half goes to the deceased’s spouse and the court divides the remaining half among the children.
Individuals with no spouse or children can expect their estate to go to other relatives. Parents are next in line, followed by siblings, and then more distant relatives like grandparents or aunts and uncles. If the state finds no eligible relatives, the individual’s assets will eventually escheat, or revert, to the state of Florida.
The Role of the Probate Court
Without a will, a probate court will oversee the distribution process and appoint an administrator to handle the estate. This includes paying debts and distributing the remaining assets. This court involvement can make the process longer, more complicated, and more stressful for the deceased’s loved ones.
Implications of Intestacy
Dying without a will means the individual has no say in who receives their assets or who manages their estate. It can lead to family disputes and unexpected beneficiaries. Additionally, intestate succession doesn’t include non-relatives or organizations. This could be significant if the deceased wishes to leave something to a close friend or charity.
It Pays To Have a Will
Dying without a will will leave your estate’s distribution in the hands of state laws. These laws might or might not reflect your personal wishes. Understanding intestacy can encourage you to take control of your estate planning.