What happens if I die without a Will in Florida | 561.699.0399

What happens if I die without a Will in Florida? Before we answer this question, the Lantana Wills Attorneys at The Law Office of Ryan S. Shipp, PLLC recommend that ALL adults should either have a Florida Will or some other form of estate planning in place.

The hard truth is that a majority of adults in the United States do not have a Will. Many people think that since they do not have a lot of assets or a lot of money, they do not have to be bothered with the drafting of a Florida Will. It is important to understand that it does not matter how small of an estate you have, all adults should have a Florida Will or estate plan in place to make your life easier and the lives of your family easier when you pass.

We understand that it is never “fun” to talk about what happens when you are no longer with loved ones, but the more planning you do, the easier the transition will be when that day eventually comes. In Florida, if an individual dies without a Florida Will, or intestate, the Florida Statutes dictate how your assets will be distributed. Per the Florida Statutes, Chapter 732 states that a surviving spouse will receive the entire intestate estate if there is no surviving descendant. If an individual is survived by one or more descendants, all of whom are also descendants of the surviving spouse, the surviving spouse receives the entire intestate estate. If there are one or more surviving descendants of the individual who dies who are not lineal descendants of the surviving spouse, the surviving spouse receives one-half of the intestate estate and the other descendants receive the other one-half. If there is no surviving spouse, the descendants of the individual who dies receives the intestate estate. If there are no descendants, the descendant’s father and mother equally receive the intestate estate.

As you can see, the Florida Statutes detail in depth who gets what in the case that an individual dies without a Florida Will. Although the Florida Statutes state who receives what in the case of intestacy, it is always better to name your heirs instead of having the State of Florida determine who gets what. The Law Office of Ryan S. Shipp, PLLC and its team of Lantana Wills Attorneys are dedicated to helping you draft your Florida Will. We are in Lantana, we serve South Florida. 561.699.0399 – 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462. Call us or stop by today for a free consultation today.