What Does it Mean for a Person to Die “Intestate” in Florida ?

What is dying intestate n Florida? If my mom or dad dies intestate, who will inherit their house? Is it a good idea to die intestate or should I consult with a Palm Beach estate planning attorney? What do the Florida intestacy laws say? If my spouse dies intestate in Miami Beach, do I inherit?

Florida Statute 732.101 states the following:  (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code (2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property. But what does dying intestate mean? A person dies intestate when they die without a will. In addition, a person could die intestate if they executed a will that is invalid or had a will that they revoked without executing a new will.

If a person dies intestate, or without a valid Florida will, their heirs will inherit. Heirs at law are entitled to inherit the decedent’s property under Florida’s intestacy statutes. For example, Florida Statute 732.102 tells probate lawyers what spouses inherit from an intestate estate.

732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is: (1) If there is no surviving descendant of the decedent, the entire intestate estate.(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. (4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

To learn more about intestate succession in Florida , click here to read  Chapter 732 of Florida’s Probate Code.