Probate Process in Florida Without a Will: A Complete Guide

When a loved one passes away, the grief is often compounded by confusion about legal requirements. If your parent passed away without a will, or if a spouse has died leaving assets behind, you are likely facing the probate process in Florida.

As a Florida Probate Lawyer, I often hear the same worried questions: “My dad died without will, what do I do?” or “My mother died without a will who gets the house?”

This guide is designed to explain what happens in Florida if you die without a will, how Florida intestate succession works, and why securing an experienced probate attorney is critical to protecting the decedent’s estate and your family’s future.

Understanding how the last will and testament Florida laws operate is only the beginning. When there is no will, families must rely on the state of Florida probate laws, which determine who inherits and in what order.

We help you navigate every step, from identifying Florida heirs at law to applying the correct Florida probate rules so nothing is missed.

Many people don’t realize how technical probate requirements in Florida can be, or how strictly probate Florida law is enforced by the courts.

Our goal is to clarify the process, break down the probate Florida rules, and give you the confidence to move forward during a difficult time

What is Intestate Probate in Florida?

When a person dies without a valid last will and testament florida, their estate is considered “intestate.” In these cases, Florida law determines the distribution of their assets, not the family’s wishes.

Probate in FL is a court-supervised process used to identify and gather the decedent’s assets, pay off debts, and distribute the remainder to legal heirs. While many people ask, “Is probate required in Florida?”, the answer is almost always yes if the assets were solely in the decedent’s name.

The probate process without a will involves several stages, including appointing a personal representative, identifying and valuing assets, paying debts and taxes, and distributing the estate to lawful heirs. The probate process in Florida without a will is more complex than when a valid will is present.

What families often don’t realize is that intestate probate is tightly governed by the state of Florida probate laws, and the court must follow those rules exactly.

That means every step is controlled by specific Florida probate rules, timelines, and filing obligations that can easily overwhelm someone already dealing with loss.

The court must also confirm that all probate requirements in Florida have been met before any property is distributed.

Because probate Florida law leaves no room for guesswork, working with a lawyer ensures the estate is handled correctly, creditors are properly addressed, and the rightful heirs receive what the law provides.

Why The Probate Process Matters

The probate process in Florida serves a vital legal function: it transfers title. You cannot sell your deceased mother’s house or access her bank account without a court order.

Why does this matter to you?

Clear Title: It ensures the transfer of property after death without will in florida is legal and permanent.
Creditor Protection: The personal representative must notify all interested parties, including beneficiaries and heirs, about the probate proceedings. This eventually cuts off creditor claims.
Family Protection: Florida intestate succession laws create a strict hierarchy to ensure the correct heirs at law florida receive their share.

Who This Process Is For (And Who It Is Not)

This process is for you if:

You are a surviving spouse, child, or heir of a deceased person who lived in Florida.
You are asking, “My father passed away without a will, what are the inheritance laws in Florida?”
There are probate assets (bank accounts, real estate, cars) solely in the decedent’s name.

This process may not be for you if:

The decedent had a fully funded Revocable Trust.
All assets were jointly owned property, which typically avoids probate in Florida due to rights of survivorship.

When & Where Florida Probate Rules Apply

Florida probate rules dictate that probate typically occurs in the Circuit Court of the county where the decedent resided.

Whether it is Miami-Dade, Broward, or elsewhere, the clerk of court probate division handles the filings.

Is there a time limit for commencing probate in Florida? While there is no strict deadline to start, delaying can cause issues with taxes, creditors, and asset depreciation.

Formal Administration is required for estates valued over $75,000, while smaller estates may qualify for Summary Administration.

How the Florida Probate Process Works (High-Level)

Here is the high-level workflow of probate in the state of Florida:

Petition: An interested party files a Petition for Administration to begin the probate process in Florida.
Appointment: The court appoints a Personal Representative. Who becomes executor if there is no will in Florida? Typically, the surviving spouse or a majority of heirs.
Collection: The personal representative is responsible for gathering and assessing the decedent’s assets.
Payment: Settling taxes and debts.
Distribution: Distributing the entire intestate estate to heirs.

Florida Intestate Succession vs. Probating a Will in Florida

One of the most common questions our firm receives is, “How do I probate a will in Florida?” or “Is probate required in Florida with a will?”

The answer is often surprising: having a will does not avoid probate.

However, the roadmap changes significantly depending on whether a valid will exists.

As a Florida Probate Lawyer, it is vital to distinguish between probating a will in Florida and the Florida intestate probate process.

Families are often relieved to learn that a valid last will and testament Florida provides clearer guidance, but the court must still follow the state of Florida probate laws to administer the estate.

Even with a will, strict Florida probate rules and detailed probate requirements in Florida determine what must be filed and when.

If no will exists, probate Florida law controls every step of the process, which is why understanding the difference between these paths is so important.

How Florida Rules of Probate Differ Without a Will

Clients frequently ask, “How to probate a will in Florida?” versus handling an estate without one.

With a Will: The probate laws with a will Florida allow the decedent to designate a Personal Representative and waive certain bonds. The court looks to the document to guide the probate Florida process.
Without a Will: We must strictly follow Florida rules of probate for intestacy. The probate in Florida no will scenario requires the court to appoint a representative based on statutory preference (usually the spouse).
The Common Thread: In both cases, the Florida probate rules of procedure apply. Whether you are following Florida inheritance laws with a will or Florida inheritance laws without a will, the court must still oversee the settling of the estate in Florida.

Property Interests and Assets Under Intestacy Laws

Understanding property interests is key to administration. Florida death laws treat assets differently based on how they are titled.

Personal Property: Disputes often arise regarding personal belongings after death without a will. Under intestate succession in Florida, these items are not distributed by a “note left on the dresser” but by the strict law about inheritance.
Real Estate: Inheriting property in Florida (like a home) works differently than cash. Florida inheritance laws spouse provisions often grant the surviving spouse a life estate or partial interest, complicating the Florida estate title.
Spousal Share: Florida inheritance law spouse rights are powerful. Even in Florida inheritance law no will scenarios, a spouse has priority. However, if there is a Florida inheritance law with will scenario, the spouse still has “elective share” rights that cannot be ignored.

Navigating the Florida Probate Code and Inheritance Statutes

The Florida Probate Code is the ultimate authority. It contains the intestate statute Florida, which acts as a “default will” for those who did not plan ahead.

Strict Compliance: Intestacy laws of Florida are rigid. Unlike Florida inheritance laws will cases where a judge might interpret intent, intestate laws in Florida leave little room for argument.
Statutory Hierarchy: The intestate laws Florida set a hierarchy. If you are researching estate law in Florida or intestacy Florida rules, you will find that the intestate statute Florida prioritizes the nuclear family above all else.
Legal Guidance: Whether you are dealing with complex FI inheritance laws (foreign/Florida interplay) or standard estate law Florida issues, navigating the Florida state probate system requires an attorney who understands both intestate succession and the nuances of probate laws in Florida no will.

Use Cases: “What Happens If Parents Die Without a Will?”

We handle many specific family scenarios:

“My parents died without a will”: If both parents pass, the children inherit the estate equally.
“Mom died without a will”: Often adult children need to know if the state of Florida estate laws protect them. Generally, if there is no spouse, children inherit everything.
“My dad died without a will what do I do?”: Call a lawyer immediately. Do not remove items from the house, as personal belongings after death without a will are part of the estate inventory.
“What happens if your parent dies without a will?”: You must file for probate administration to legally transfer assets.

Critical Glossary of Florida Probate Terms

Intestate: Dying without a will in Florida.
Personal Representative: The person appointed by the court to manage the deceased person’s estate.
Per Stirpes: A method of dividing the estate where if a beneficiary dies, their share goes to their descendants.
Exempt Property: Assets like household furniture and cars that are protected from creditors for the surviving spouse and children.
Homestead Property: The decedent’s primary residence, which often receives special protection under Florida inheritance law.
Affidavit of Heirship: Legal documents, such as affidavits of heirship, can help establish the decedent’s ownership interest and streamline the probate process.

Top 10 Myths About Florida Probate Law

Misinformation can be costly. As a firm handling Florida estate administration, we often have to correct errors caused by “common knowledge” that simply isn’t true under Florida probate law.

Myth 1: “If I die without a will, the state takes my property.” Fact: This is false. Dying intestate in Florida does not mean the government seizes your assets. The Florida intestate statute ensures your property goes to your relatives. The state only takes property if you have absolutely no living heirs.

Myth 2: “A Will avoids probate.” Fact: This is the most dangerous myth. A will does not avoid probate; it is simply a set of instructions for the probate court. Do all wills go through probate in Florida? Yes, if there are assets in the decedent’s sole name. To actually avoid probate, you need a Trust or jointly owned property.

Myth 3: “My spouse automatically inherits everything.” Fact: Not always. Under Florida inheritance law spouse rules, if you have children from a prior relationship (e.g., the adopting parent’s family or a previous marriage), your spouse may only receive 50% of the intestate estate.

Myth 4: “Probate is quick and easy.” Fact: The probate process can take several months to over a year, depending on the estate’s complexity and any disputes among heirs. It is a formal legal process.

Myth 5: “I don’t need a lawyer; I can just use online forms.” Fact: Florida probate rules of procedure are strict. Judges often reject generic “DIY” forms. Furthermore, the personal representative can be held liable for mismanagement of the estate or failure to fulfill their duties, so having legal representation is a safety net.

Myth 6: “All debts die with the person.” Fact: No. Valid debts must be paid from the probate estate Florida before any heirs at law Florida receive a penny.

Myth 7: “I can just pick up my parents’ money from the bank.” Fact: Banks freeze accounts immediately upon notice of death. You cannot access these funds without “Letters of Administration” issued during Florida probate administration.

Myth 8: “Stepparents automatically inherit stepchildren’s assets.” Fact: Generally, no. Unless legally adopted, step-relations are often ignored in Florida succession laws. Intestacy florida rules prioritize blood relatives.

Myth 9: “I don’t have to pay taxes on inheritance.” Fact: While Florida has no state inheritance tax, heirs must pay income tax on assets withdrawn from inherited retirement accounts, which can significantly reduce the net value of the inheritance.

Myth 10: “Probate files are private.” Fact: Filing probate in Florida creates a public record. Anyone can look up the probate estate in Florida and see the value of assets.

Frequently Asked Questions (FAQ) on Intestacy & Probate

1. Is probate required in Florida with a will? Yes. Whether you have a will or not, if you have assets in your sole name, probate is required. Is Florida a probate state? Yes, and the Florida probate steps are mandatory to transfer legal title.

2. What happens if I die intestate in Florida? Die intestate in Florida means you passed away without a valid will. Your assets become intestate property and are distributed according to the intestate succession Florida chart. Essentially, the state of Florida estate laws decide who gets your money.

3. What is the share of the surviving spouse? It depends on the children.

If the decedent is survived by descendants who are also descendants of the surviving spouse, the surviving spouse receives the entire intestate estate.
If there are surviving descendants of the decedent who are not descendants of the surviving spouse, the surviving spouse receives half of the intestate estate.

4. Can I avoid probate for my house? Yes, but you must plan ahead. Creating a legally binding document while still living can help avoid probate in Florida. For example, a Ladybird Deed can be used in Florida to transfer property upon death without going through probate.

5. How do I start the process? The process begins by filing a Petition for Administration. Legal documents, such as affidavits of heirship, can help establish the decedent’s ownership interest and streamline the probate process.

6. Who becomes the Personal Representative? The court appoints one. The probate court’s oversight ensures that the personal representative conducts their responsibilities with integrity and transparency, safeguarding the heirs’ interests.

7. How do I handle probate real estate in Florida? Real estate cannot be sold until a Personal Representative is appointed. Once appointed, they can sign the deed. Note that protected homestead property has special restrictions on who can inherit it.

8. What about disabled beneficiaries? If an heir is on government aid, receiving a direct inheritance could disqualify them. Establishing a special needs trust can help disabled individuals receive inheritances without losing government benefits.

9. What governs the process? The process is governed by the FL probate law and probate laws in florida no will. These statutes define the Florida inheritance law without a will.

10. Why is the timeline so unpredictable? The timeline for probate without a will in Florida can vary widely, generally taking from a few months to over a year depending on the estate’s complexity. Factors include creditor claims and locating missing heirs at law Florida.

Critical Details of Florida Statutes and the Decedent’s Estate

While many people search for a Florida probate rules PDF or a generic Florida intestate succession flowchart, the reality is that Florida statutes contain complex exceptions that a simple chart cannot capture.

As a Florida Probate Lawyer, I handle the intricate details of the decedent’s probate estate to ensure compliance with federal law and state of florida estate laws.

Whether you are concerned about inheritance theft laws Florida or simply trying to locate remaining assets, understanding the technical distinctions in the Florida probate code is essential.

What many families don’t realize is that the interpretation of a last will and testament Florida and every step of probate must follow the state of Florida probate laws as written.

These laws set strict Florida probate rules for notice, inventory, creditor claims, and final distribution. Even small mistakes can delay administration because the court requires full compliance with all probate requirements in Florida.

When disputes arise or assets are unclear, probate Florida law provides the framework for resolving them correctly.

Below, we break down how specific assets and family dynamics affect the probate process in Florida.

Managing Probate Assets, Exempt Property, and Intestate Property

Not everything a deceased person owned becomes part of the probate estate. We must first distinguish between probate assets and protected homestead property.

Personal Belongings: One of the most common questions is about personal belongings after death without a will. Generally, these are considered intestate property, but specific items like furniture and appliances may be claimed as exempt property.
Homestead: The decedent’s primary residence (homestead) often receives special status. It may pass outside the decedent’s probate estate directly to heirs, but a court order is usually required to validate this status.
Valuation: We assist in determining the fair market value of deceased person’s assets as of the date of the decedent’s death. This is critical for federal estate tax purposes (if applicable) and for calculating the correct distribution of remaining assets.

Special Rules: Adopted Families, Estate Plan Gaps, and Spousal Rights

When there is no estate plan, the Florida intestate statute dictates the hierarchy of heirs. However, family structures are rarely simple, and Florida probate cases often involve complex lineages.

Spousal Rights: A disabled surviving spouse or a deceased spouse may have specific rights to a life estate or a “forced share” of the deceased natural parents’ assets.
Adoption Scenarios: Florida statutes have specific provisions for adopted individuals. For example, adoption generally severs the right to inherit from the natural parent’s family. However, there are exceptions regarding a natural parent’s spouse. Complex questions regarding the prior adoptive parent’s family or rights involving or her natural parents require careful legal analysis to prevent litigation.
Sibling Rights: Sibling inheritance laws Florida kick in only if there are no surviving spouse, children, or parents. In these cases, the entire intestate estate may be divided among brothers and sisters.
Present or Future Interest: We also evaluate whether heirs hold a present or future interest in trust assets or real estate, ensuring no rights are overlooked.

The Florida Probate Timeline and Procedural Hurdles

Does Florida have probate for every situation? Not always, but most assets solely in the decedent’s name trigger the process. Do all wills go through probate in Florida? Yes, simply having a will does not avoid probate; it simply directs it.

Thresholds: The Florida probate threshold often dictates which of the types of probate in Florida you qualify for. Estates under $75,000 may qualify for Summary Administration, while larger estates require Formal Administration.
The Process Begins: The probate process begins when we file the petition. We caution against relying on a Florida probate court phone number for legal advice; court clerks cannot give legal counsel.
Legal Documents: Do not attempt to draft an assignment of inheritance rights Florida or an order admitting will to probate Florida on your own. Errors here can lead to accusations of “inheritance theft” or indefinite delays.
Why You Need a Firm: Unlike a generic document service, a law firm provides legal representation to navigate Florida probate rules. We ensure the deceased natural parents’ wishes are respected (where possible) and that the probate cases are closed efficiently.

How Our Firm Evaluates Your Probate Administration Needs

As an experienced Florida Probate Lawyer, we do not simply file forms; we evaluate the strategic needs of the decedent’s estate. Before recommending a course of action, we analyze specific criteria:

Asset Complexity: Is there real estate in Florida that needs to be sold? Are there income tax laws implicated by retirement accounts?
Heir Dynamics: Disputes among heirs are common in intestate cases. We assess if there is friction between siblings or a second spouse. Mediation or legal intervention may be required to resolve conflicts.
Debts vs. Assets: We determine if the estate is solvent. The personal representative is responsible for paying the decedent’s debts and taxes before distributing the estate.

Risks & Benefits of Probate

The Risks:

Time: The Florida probate process can be lengthy, often taking six months or more for formal administration.
Privacy: Probate is a public record.
Litigation: Probate litigation can arise from disputes over the decedent’s estate, such as contested wills or determination of heirs.

The Benefits:

Closure: It legally settles all debts.
Clear Title: It is the only way to validly transfer property like real estate.
Fairness: The court ensures Florida intestate succession statutes are followed strictly.

Costs & Timeframes: What to Expect

Typical Durations: The probate process can take several months to over a year, depending on the estate’s complexity.

Summary Administration: 2–4 months.
Formal Administration: 6–12 months (or longer if contested).

Who Pays? Generally, the probate assets cover the costs of administration, including attorney fees and court costs.

Best Choice for Surviving Families

Families are often surprised by how many steps are involved, even when a last will and testament Florida exists.

The court must still ensure the estate complies with the state of Florida probate laws, follows all required Florida probate rules, and meets every deadline tied to probate requirements in Florida.

When questions arise about authority, access to accounts, or transferring property, probate Florida law outlines exactly how the Personal Representative must proceed.

If you are dealing with a decedent’s ownership interest in real estate, substantial financial accounts, or if there is no will, Formal Probate Administration is usually the required path.

This provides the Personal Representative with the “Letters of Administration” needed to deal with banks and other institutions.

Our role is to simplify those obligations so you can focus on your family.

Alternative Options to Full Probate

Summary Administration: Available if the probate estate is under $75,000 or the decedent has been dead for more than two years.
Disposition of Personal Property without Administration: For very small estates only involving reimbursement for funeral expenses and medical bills.

Step-by-Step Probate Process in Florida Without a Will

If you are asking “how to start probate in florida”, here is the roadmap we follow:

Consultation: Meet with a Florida probate lawyer to review the death in Florida without a will.
Filing the Petition: We file the petition with the clerk of court probate division.
Appointment of Personal Representative: If there is no will, the court appoints a personal representative by adhering to Florida’s priority system, which establishes a hierarchy, pursuant to Florida’s intestate statute, typically starting with the spouse.
Letters of Administration: The court issues these letters, granting legal authority to act.
Notice to Creditors: We must publish notice. Creditors have 3 months to file claims.
Inventory: The personal representative must take an inventory of the estate’s assets and provide a copy to interested parties.
Tax & Debt Settlement: The personal representative is responsible for paying the decedent’s debts.
Final Distribution: Assets are distributed according to intestacy laws of Florida.
Discharge: The court closes the estate.

Checklist: Documents & Requirements

To begin probating a will in florida (or an intestate estate), gather the following:

[ ] Certified Copy of the Death Certificate.
[ ] Real estate deeds for homestead property or other land.
[ ] Recent bank statements and brokerage account statements.
[ ] Vehicle titles.
[ ] List of all potential heirs (names and addresses).
[ ] List of known debts (credit cards, medical bills).

Contact an Experienced Florida Probate Lawyer

Don’t navigate the Florida state probate system alone.

Whether you are probating a will in Florida or facing the uncertainty of intestate succession in Florida, our firm provides the steady hand and legal expertise you need.

We understand that the probate steps in Florida can be overwhelming, especially when grieving.

Our goal is to simplify the complex intestate statute Florida and ensure your rights are protected under probate laws with a will Florida.

If you are unsure who inherits property if no will in Florida—or broadly who inherits in Florida if there is no will—we can help.

We explain how Florida estate law no will provisions, FL probate rules, and Florida probate law no will statutes affect your family.

Let us clarify exactly what is probate in Florida and answer the question “what does probate mean in Florida” for your specific assets, so you know exactly where you stand.

Serving Clients Across All 67 Florida Counties

We are proud to represent Personal Representatives, beneficiaries, and out-of-state family members in probate Florida matters statewide.

No matter where the decedent resided, we guide you through the probate process in Florida.

We explain the state of Florida probate laws, ensure compliance with all Florida probate rules and probate requirements in Florida, and address issues involving a last will and testament Florida dispute.

We are also ready to answer difficult questions about who inherits when there is no will in Florida.

We frequently serve clients in the following major regions:

South Florida: Miami-Dade County (Miami, Hialeah, Homestead), Broward County (Fort Lauderdale, Pembroke Pines, Hollywood), Palm Beach County (West Palm Beach, Boca Raton).
Central Florida: Orange County (Orlando), Seminole County, Osceola County, Brevard County.
Tampa Bay Area: Hillsborough County (Tampa), Pinellas County (St. Petersburg, Clearwater), Pasco County, Polk County (Lakeland).
North Florida: Duval County (Jacksonville), Leon County (Tallahassee), Alachua County (Gainesville), Escambia County (Pensacola).
Southwest Florida: Lee County (Fort Myers, Cape Coral), Collier County (Naples), Sarasota County.

Ready to Move Forward?

Stop worrying about Florida inheritance laws with a will, complex intestacy rules, or Florida Courts. Let us handle the probate Florida rules and provide you the legal assistance you deserve so you can focus on your family.

If you’re unsure about who inherits when there is no will in Florida or how Florida heirs at law are determined, we can explain exactly how probate law Florida no will applies to your situation.

probate process in florida

Contact us today for a confidential consultation. We will review the decedent’s estate, explain your options, and guide you through every step of the process.