May 2016

            When a divorce is finalized, a former spouse’s right to an inheritance through Florida’s intestacy laws ends.  This means that if a spouse dies without a will and their estate goes through probate, the surviving ex-spouse would have no right to an inheritance if a divorce had been finalized prior to the death.  However, if a divorce is still in progress but not finalized at the time of death, the surviving spouse has full rights to their inheritance as defined by Florida’s intestate succession rules.

If someone in Florida dies without a will, their estate is distributed to living relatives following intestate succession laws.  In the rare case that someone dies without any relatives including great aunts and uncles, cousins of any degree, or nieces or nephews, their estate would escheat, or be passed to, the state.

Some common questions about Florida’s intestate succession rules regard how certain relatives are treated in the process.  Half-relatives, such as half brothers or sisters, are entitled to inheritances as if they were “full” relatives.

If you have further questions about the probate process, intestate succession, or setting up estate planning documents to avoid probate, contact one of our experienced estate planning or probate attorneys at (941) 906-1231.

If someone in Florida dies without a will, most of their assets are subject to the state’s “intestate succession” laws which determine who the beneficiaries will be.  Some exceptions are “non-probate” assets such as properties placed in a living trust, life insurance policies, IRAs, retirement accounts, and payable on death accounts which will immediately be passed upon death to the co-owner or a previously designated beneficiary, regardless of whether the decedent had a will.  The rest of the decedent’s assets will be passed under the laws of intestacy to their surviving spouse, decedents, parents, or siblings depending on the members of their surviving family.  For example, if someone leaves behind a spouse and descendants from only the deceased person and their spouse, the spouse would receive their entire estate.  However, if someone leaves behind a spouse and descendants from a prior marriage to someone else, the spouse and descendants would each inherit ½ of the estate.

If someone you love has recently passed away and you need guidance on what to do next or who will inherit the estate, contact our office at (941) 906-1231 to speak to one of our attorneys.

Wills must be filed with the Clerk of the Circuit Court within ten days of a death under the Florida Probate Code.  There is no fee for filing a will.  The Sarasota Clerk of the Circuit Court office is in the Probate Department at 2000 Main Street, Room 102, Sarasota and the Venice Branch is in the R.L. Anderson Administration Building at 4000 South Tamiami Trail on the second floor.

If you are going through the probate process, you will need an experienced probate attorney to represent your interests.  Call our office at (941) 906-1231 for an initial consultation.