What Happens When Someone Dies Without a Will?
Laws of intestacy vary by state, but generally, they dictate that assets are distributed to the deceased person’s closest living relatives. Florida Statute sections 732.101–.109 outlines the process in our state:
- If there’s a valid marriage to a surviving spouse, that individual receives everything. However, if there are children from a previous marriage, the estate would be divided between them and the surviving spouse.
- If there’s no spouse, biological or legally-adopted children become the prime beneficiaries. Stepchildren aren’t eligible. If a child dies before their parent, then a grandchild may inherit a portion of the estate.
- Without a spouse or children, the decedent’s parents are next in line to inherit the estate.
- Finally, if these heirs aren’t alive, the deceased’s siblings or other closest relatives are entitled to the estate.
What If There Are No Heirs to a Will?
If no living relatives are found, the assets may go to the state. The probate court then takes possession of the assets and distributes them according to the laws of escheat. Escheat laws vary by state, but generally provide that the assets will be used for the public good. This may include funding for education, healthcare, and other government programs. It’s important to note that the likelihood of assets being transferred to the state is relatively low, as most individuals have at least some living relatives or beneficiaries named in a will.
