What is an Heir in Florida Probates?
What is an Heir in Florida Probates? Heirs inherit millions and millions of dollars from Florida Estates each year !! Heirs is a similar topic to NEXT OF KIN. The definition may just surprise you.
Florida Probate Code Definition– understanding the legal definition of what is an heir in Florida probates
The Florida Probate Code has a set of definitions. What is the definition of an Heir? “Heirs” or “heirs at law” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent An estate that has no will is called an intestate estate. Put another way: a probate of a Florida decedent that died without a will is called an intestacy. Property passes to Heirs by way of intestacy. The intestacy laws in the Florida Probate Code are found RIGHT HERE. Or, to phrase this another way: the statutes of intestate succession can be found by CLICKING HERE. Now, before we move, let’s focus on what is an heir in Florida Probates. Spouses are heirs !! Does it matter if the spouse of the decedent was only married for 10 seconds? No! 50 years? Nope. Does it matter if the surviving spouse, widow or widower was a nasty person? No. None of that matters. The only thing that matters is whether a spouse signed a PRENUPTIAL AGREEMENT or a POSTNUPTIAL AGREEMENT. If you think the marriage was the product of fraud, read THIS. To watch a great, FREE helpful video on suing for marriage by FRAUD, click this LINK.
How Much Do Heirs Inherit?
So, are adopted children heirs? Yes ! If there was a judicial proceeding of adoption, that adopted child is a child. They inherit from their adopted parents, not their biological parents. What if an adult child had no contact with mom or dad? They are heirs and they inherit from an intestate estate. The Florida probate laws don’t distinguish between a “nice” heir and a “bad” heir. Between an heir who is loving, attentive and who participates in a parent’s life versus an adult child who has nothing to do with mom or dad. So, how much do these heirs inherit if mom or dad die without a will? That all depends on whether or not the spouse of the decedent is the parent of the decedent’s children. If the answer is “yes”, then the spouse inherits 100 % of the Estate Property. If the decedent had children with someone other than the surviving spouse, then the surviving spouse gets half. But a surviving spouse may also obtain homestead rights, elective share rights, and family allowance rights.