When someone passes away without a will in Florida, state law decides who receives their property. This process is called intestate succession, and it can create results that differ from what the person may have wanted. For families in Miami-Dade County, understanding how Florida’s inheritance laws work is important for avoiding confusion and conflict.
Here’s what happens when there’s no will and how the courts determine who inherits what.
What Is Intestate Succession?
If a person dies “intestate,” it means they left no valid will. Instead of following personal instructions, the court distributes the estate according to Florida’s intestacy laws. These laws pass assets to the person’s closest relatives, starting with their surviving spouse and children.
Probate court oversees this process. The court first makes sure that debts, taxes, and final expenses are paid. Then, whatever remains is divided among heirs based on their relationship to the deceased.
If There Is a Surviving Spouse
The rights of a surviving spouse depend on whether the person who died had children and whether those children are also the spouse’s children.
If there are no children, the surviving spouse inherits the entire estate.
If all children are shared between the deceased and the surviving spouse, the spouse still inherits everything.
If the deceased had children from another relationship, the spouse inherits half of the estate. The other half is divided equally among those children.
This structure may surprise families who thought the spouse would always receive everything.
If There Is No Spouse
If the person who died was not married at the time of death, the estate passes to their children. If there are no children, Florida’s intestacy laws continue down a specific line of relatives.
Parents receive the estate if either parent is alive.
Siblings receive the estate if the parents have passed away. The estate is divided equally among brothers and sisters.
Nieces and nephews can inherit if a sibling has already passed away. They receive their parent’s share.
Extended family may inherit if there are no immediate relatives. This includes grandparents, aunts, uncles, or cousins.
If no relatives can be located, the estate eventually becomes property of the State of Florida.
What About Non-Family Members?
Under Florida law, unmarried partners, friends, and stepchildren who have not been legally adopted generally have no right to inherit under intestate succession. Even if someone lived with a partner for years, that person will not automatically receive anything without a valid will or legal ownership in shared assets.
That’s why estate planning matters so much. Without a written will, the court must follow strict legal rules rather than personal wishes.
What Happens to Property in Miami-Dade County
For residents of Miami-Dade County, the probate process follows Florida’s general rules but is handled through the county’s probate court system. The process typically begins when someone files a petition to open an estate. The court then appoints a personal representative, often a family member, to manage the estate.
That representative must collect assets, pay valid debts, and distribute the remaining property according to the law. Real estate, bank accounts, vehicles, and personal belongings may all be included.
Not every asset goes through probate. Certain types of property pass directly to the co-owner or beneficiary. These include jointly owned homes, payable-on-death bank accounts, and retirement plans with named beneficiaries.
Children’s Inheritance Rights
Children have strong protections under Florida law. Whether they are biological or legally adopted, they have the right to inherit under intestacy if their parent dies without a will.
However, children who are not legally recognized may need to prove their relationship to claim an inheritance. This can happen with children born outside of marriage. Stepchildren who were never adopted do not automatically qualify for inheritance under intestacy laws.
Why Having a Will Matters
Dying without a will leaves important decisions up to the court. That can delay the process, increase costs, and sometimes create tension among family members. A will allows you to choose exactly who receives your property and who manages your estate. You can even name who will care for your minor children.
Even if you have a small estate, creating a will can make a big difference. It makes sure that your wishes guide what happens to your assets, not state law.
Protect Your Family and Your Legacy
Florida’s intestacy laws provide a clear structure, but they can’t account for individual wishes or family situations. If you want to provide for a long-term partner, support a charitable cause, or leave property to stepchildren, you must have a valid estate plan in place.
The best way to protect your assets and your family’s future is to plan ahead. Having legal documents in order prevents confusion, protects loved ones, and helps make sure your property is distributed according to your choices.
For residents of Miami Beach and the surrounding area, working with an experienced estate planning attorney can help you understand your options. Compo Law Firm LLC serves the Miami Beach community with guidance on estate planning matters.
By learning how intestacy works, you can make informed decisions today to protect your legacy tomorrow. Don’t leave these important choices to state law. Take control of your estate planning and give your family the clarity they deserve.