Intestate Succession: people delay drafting a Will, believing the distribution of their assets is a simple matter of common sense. However, in Florida, when an individual passes away without a valid Will—a situation known as dying “intestate”—state statutes dictate a rigid order of succession. This often leads to outcomes that differ significantly from what the decedent might have intended.
The Florida Intestacy Hierarchy:
- Spouse and Shared Children: If there are only shared children between the spouses, the surviving spouse inherits the entire estate. However, if either spouse has children from a previous relationship, the estate is typically split 50/50 between the spouse and the children.
- No Surviving Spouse: If there is no surviving spouse, the estate is distributed in equal shares to the descendants (children and grandchildren).
- Extended Family: If no direct descendants exist, the line of succession moves to parents, then siblings and their descendants.
Intestate Succession: In the absence of a Will, the court also determines who will serve as the Personal Representative, which can lead to further disputes within the family. A clear Will not only secures your legacy but also spares your loved ones the stress of legal uncertainty.
