Search Site
Menu
What if there is no will?

What if there is no will? Who gets what and how much? Florida residents can find the answers in Florida Statute Chapter 732. The Probate Code has a section for intestate succession and wills. Intestate is the legal word used when a person dies without having a will. When there is no will to dictate how assets are distributed, distribution is determined by the Statutes.

Under intestate succession, inheritance depends on which relatives of the deceased are living when the person died.

If when a person dies they have….
·  Children but no spouse ·  Children inherit everything (per stirpes)
·  Spouse but no descendants ·  Spouse inherits everything
·  Spouse and descendants from the deceased and that spouse, and the spouse has no other descendants ·  Spouse inherits everything
·  Spouse and descendants from the deceased and that spouse, and the spouse has descendants from another relationship ·  Spouse inherits 1/2 of the intestate property

·  The descendants inherit 1/2 of the intestate property

·  Spouse and descendants from the deceased and someone other than that spouse ·  Spouse inherits 1/2 of the intestate property

·  The descendants inherit 1/2 of the intestate property

·  Parents but no spouse or descendants ·  Parents inherit everything
·  Siblings but no spouse, descendants or parents ·  Siblings and descendants of deceased siblings inherit everything
Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Offices
  • Port Charlotte Office
    1777 Tamiami Trail
    Suite 505
    Port Charlotte, Florida 33948
    Phone: 941-255-5346
  • Sarasota Office
    8520 South Tamiami Trail
    Suite 4
    Sarasota, Florida 34238
    Phone: 941-487-7100