Loune-Djenia Askew, Esq.
Aug 28, 2024
What happens if you die without a will and have no heirs? In Florida, this situation is addressed through a process called intestate succession, and the outcome may surprise you.
What happens if you die without a will and have no heirs? In Florida, this situation is addressed through a process called intestate succession, and the outcome may surprise you.
Intestate Succession in Florida
When someone dies without a will, they are said to have died "intestate." Florida law then determines who inherits the deceased person's assets through intestate succession. Typically, these assets would go to the closest relatives, such as a spouse, children, or other family members. But what happens when there are no identifiable heirs?
What Happens When There Are No Heirs?
If you die without a will and have no heirs, the state of Florida will take possession of your assets through a process known as "escheatment." This means that your entire estate—everything from your bank accounts to real estate—will become the property of the state. Essentially, your assets are absorbed by the government because there are no legal claimants.
Can Anyone Make a Claim?
Even if you don’t have immediate family, distant relatives could still potentially come forward to claim your estate. Florida law allows for relatives up to the fourth degree of kinship, such as cousins, to inherit your assets. If no such relatives are found, then the escheatment process will proceed, and the state will take over your estate.
Why You Should Have a Will
Dying without a will, especially without any heirs, can result in your assets not being distributed as you might have wished. Creating a will allows you to dictate exactly how your assets should be handled and who should benefit from them, whether it’s friends, charities, or other organizations. A will also helps to avoid the escheatment process and ensures that your wishes are respected after your death.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.