Florida’s Intestate Process: A Guide For Families In Plantation
Last updated on December 4, 2025
When a person passes away without a will in Florida, their estate is considered “intestate,” and the distribution of assets follows a specific legal process, with the state deciding how assets are distributed. This can present challenges for families and can lead to costly legal disputes among beneficiaries.
Our experienced intestate lawyer at The Law Office of Michael R. Vines, P.A., is here to help you understand these legal issues. With our guidance, you can gain clarity on the intestate process in Plantation and explore options to protect your family’s interests. We are committed to providing compassionate and knowledgeable support to help you through this challenging time.
The Intestate Process In Florida
When a Florida resident dies without a valid will, their estate is distributed through probate according to intestacy laws. This means the state decides how to distribute the deceased’s assets, without considering their personal wishes. Here’s an overview of how the process works:
- If there is no surviving descendant, the surviving spouse receives the entire intestate estate. If all descendants are also descendants of the surviving spouse, and the spouse has no other descendants, the spouse receives the entire estate.
- If there is no spouse, the estate will go to the descendants of the deceased.
- If there are no descendants, it goes equally to the deceased’s parents or the surviving parent.
- If there are no parents, it goes to the deceased’s siblings and their descendants.
- If there are no siblings, the estate will go to the grandparents, uncles, aunts and their descendants.
The intestate process can lead to complications and unintended outcomes that might not align with what the decedent would have wanted. Assets could end up with unexpected heirs, and there could be a delay in the distribution of assets due to the legal complexities involved.
To help your loved ones avoid these potential issues in the future, it is crucial to have a well-crafted estate plan in place. We strongly encourage you to seek legal guidance and create an estate plan that reflects your intentions.
What Clients Want To Know About Intestacy In Plantation
Intestacy can be complex, and you may have questions about how it works. Below are some frequently asked questions to help you understand this process better. If you have questions or need legal assistance, please don’t hesitate to contact our team. We’re here to help you face these legal challenges and secure your family’s future.
Who inherits if there is no will in Florida?
If there is no will, the intestate succession laws dictate who inherits the estate. Typically, the surviving spouse and descendants are prioritized. If there are no descendants, the estate may go to parents, siblings or other relatives.
What are the disadvantages of dying intestate?
The disadvantages of intestacy include the possibility of assets going to unintended heirs, potential family disputes and delays in asset distribution. Additionally, the process can be more time-consuming and costly, as it may involve more legal procedures.
Contact Michael Vines Today For A Comprehensive Will
At The Law Office of Michael R. Vines, P.A., our estate planning attorney is dedicated to providing legal guidance to help you start your estate planning journey with confidence. We can assist you in drafting wills, establishing trusts and ensuring all legal documents are in order, so your loved ones are protected from the uncertainties of intestacy. Contact our Plantation law office at 954-902-4841 or fill out this form today to set up a free initial consultation.