What if my loved one has no last Will and Testament?

When a person passes and the probate process begins to settle their estate, generally the first document people think to look at is a Will. But what if that person never created a Will? When this happens, it means that a decedent died intestate.

How are the assets going to be distributed without a Will?

The State of Florida outlined the order in which the state will distribute the estate:

1. The surviving spouse is the first person to whom the state will pass the assets. If the couple does not have any children, the surviving spouse will receive the entirety of the estate.
2. Any biological or adopted child will be next in line to receive all or a portion of the assets; however, this does not include step-children. If a decedent’s child has already passed but had children of their own, that child’s portion of the assets can be passed down to the descendant’s grandchildren.
3. If a decedent passes and has no living spouse or children, his or her parents will receive the assets.
4. Finally, if a decedent does not have the above-listed family members to pass their assets on to, then the decedent’s siblings will receive the assets.

Are there any assets that will not be distributed by the state through the intestate probate process?

While the list is limited, there are a few assets that avoid probate even when there is no Will. This includes bank accounts, 401k accounts or life insurance where a decedent would have previously listed a beneficiary. Another type of property included is that which is jointly owned or held with another person, these assets will transfer to the surviving owner.

To conclude, if a person in the State of Florida passes without a Will family members are still able to receive assets. In other words, Florida will not take the assets away from surviving family members.

The best way to ensure that a person avoids dying intestate is to create an estate plan. Whether it is the creation of a Will or a more extensive plan that includes trusts, an individual will have the peace of mind that their assets will be distributed on their terms and not the states. Contact Lacey Lyons Rezanka to begin your estate planning process.