No Will?

No Will: Who Gets My Stuff?

When a person dies without having signed a last will and testament, he or she is said to have passed away "intestate," meaning without a will. In such an event, if the decedent was domiciled in Florida at the time of his or her death, Florida law will determine who receives the decedent's assets. In other words, if you do not prepare and execute a last will and testament, your estate planning, and who will inherit your estate, has been determined by Florida's legislature.

The following is a general outline of who receives a decedent's estate when they pass away intestate in Florida. You can check out Florida Statute §732 for more specifics.:

1. Decedent is not married and has no children. When a Florida resident passes away intestate leaving no surviving spouse or children, his or her estate passes to the decedent's parents, if living, or, if not, to the decedent's brothers and sisters who survive the decedent and to the children (nieces and nephews) of the decedent's brothers and sisters who do not survive the decedent.

2. Decedent is not married and has children. When a Florida resident passes away intestate leaving no surviving spouse but children who survive the decedent, his or her estate passes to the decedent's children who survive the decedent and to the children (the decedent's grandchildren) of the decedent's children who do not survive the decedent.

3. Decedent is married and has no children or grandchildren. When a Florida resident passes away intestate leaving a surviving spouse and no surviving children, grandchildren, great grandchildren, etc., his or her estate passes to the surviving spouse.

4. Decedent is married and has children or grandchildren. When a Florida resident passes away intestate leaving a surviving spouse and surviving children, grandchildren, great grandchildren, etc., his or her estate passes as follows: (a) If all of the children, grandchildren, etc. are also decedents of the surviving spouse, then the first $60,000 plus one half of the balance to the surviving spouse, with the balance going to the decedent's children who survive the decedent and to the children (the decedent's grandchildren) of the decedent's children who do not survive the decedent. (b) If all of the children, grandchildren, etc. are not decedents of the surviving spouse, then one half of the estate to the surviving spouse, with the remaining one half going to the decedent's children who survive the decedent and to the children (the decedent's grandchildren) of the decedent's children who do not survive the decedent.

Viera Williams, P.A. is a boutique tax law firm concentrating in tax, business and estate planning matters. Our lawyers can help with designing and implementing an efficient estate plan that will direct your assets to the people you want to receive them. Please contact us to arrange a free initial consultation where we can discuss how we might be able to help.

Viera Williams, P.A.
545 East Tennessee Street, Suite 100-B
Tallahassee, FL 32308
Toll Free: 888-390-0172
Phone: 850-270-0695
Fax: 850-222-9047
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