What happens if you die without a Will?

When someone passes away in Florida without a will, their assets and property is distributed by the court according to Florida's intestate laws. These laws will determine who gets what of your assets and/or property. However, dying without a will can cause a myriad of burdens for the decedent’s family. 

What is intestate? 

Intestate, or Intestacy, is what happens to an estate in the case of an individual who dies before creating a Will. Every state has their own established intestate process that determines whether a person’s assets will be given to their spouse, children, parents or siblings.

What happens to your Money? 

Your state’s intestate succession laws will determine where your money goes if you pass away before creating a Will.  Every state has a different set of rules. Who gets your property, if you do not have a will? Most often the spouse has first priority to get your assets, then children, grandchildren, parents, and then siblings. 

What happens to your Children? 

Children’s rights are put into the hands of the court if you pass away before creating a Will and/or designating a guardian for your minor children. State judges will do their best to ensure a child’s guardianship is in his or her best interest.

What happens if you are Single vs Married vs in a Domestic Partnership? 

Single: There are several scenarios that can occur if you are single and die without a will. The first is your children would likely inherit your entire estate. If you have no children, your estate would likely go to your parents if they are still alive. Finally, your estate would likely be given to your siblings ( in equal shares) if you have no children and your parents have passed away. 

Married: In almost every state, your surviving spouse will get all or at least a portion of your assets if you pass away without a Will. Different factors such as whether you have children or not will determine the share that your spouse inherits. 

Domestic Partner: Not every state legally recognizes domestic partnerships, which is why it is important to check with your state's regulations. In Florida, there is no statewide recognition of domestic partnerships. Only the counties of Palm Beach, Volusia, Broward, Orange, Pinellas, Miami-Dade, Leon, Monroe, and Sarasota recognize domestic partnerships, enabling legal benefits for those couples.

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.