My Parent Died in Florida Without a Will. What Now?
Losing a parent is difficult enough. When there’s no will and you’re suddenly in charge of their estate — possibly from out of state — the stress can quickly become overwhelming.
If your loved one passed away in Florida without a will, this article will walk you through what happens next under Florida intestate succession laws, what probate involves, and how I can help you handle everything with clarity and confidence.
What Does It Mean to Die “Intestate” in Florida?
When someone dies without a valid will in Florida, they are considered to have died intestate. That means the probate court follows Florida’s default inheritance rules to determine who receives the estate.
The court won’t consider verbal promises or what the family “knows” the deceased wanted — only the law matters here.
Who Inherits When There’s No Will in Florida?
Florida intestate succession law decides inheritance based on the family structure. Here’s a simplified breakdown:
- Married, no children from prior relationships: Spouse inherits everything.
- Married, with children from prior relationships: Spouse and children usually split the estate.
- Unmarried with children: Children split everything equally.
- No spouse or children: The estate passes to the next closest relatives — parents, siblings, nieces/nephews, etc.
Note: These rules only apply to assets subject to probate. Jointly held property or accounts with named beneficiaries may bypass probate entirely.
What Happens During Florida Probate Without a Will?
Probate is the legal process for settling an estate — gathering assets, paying debts, and distributing what remains. When there’s no will, the court appoints a Personal Representative (executor), often a spouse or adult child.
Responsibilities of the Personal Representative include:
- Identifying and valuing estate assets
- Safeguarding property
- Notifying creditors
- Paying valid debts
- Distributing remaining assets
- Filing reports with the probate court
Probate in Florida typically takes 6–12 months. It involves strict deadlines, paperwork, and legal procedures.
Common Challenges in Florida Intestate Estates
- Family disagreements over inheritance
- Unclear or disputed ownership of assets
- Out-of-state heirs trying to handle everything remotely
- Creditor claims and objection deadlines
- Locating or securing estate property
These complications can delay probate and create unnecessary stress — especially during a time of grief.
How I Help Clients Like You
At The Florida Probate Pro, PLLC, I focus exclusively on Florida probate cases, often for families who live outside the state. I offer:
- Flat-fee pricing — no hourly billing surprises
- Fully remote service — everything is handled by phone, Zoom, and our secure portal
- Clear, compassionate guidance — I explain each step so you’re never left wondering
- Client portal access — upload documents, send messages, and track your case 24/7
Next Steps
If you’ve lost a parent in Florida and are facing probate without a will, you don’t have to do this alone. I can help you navigate the process with clarity, compassion, and efficiency.
Book a free consultation or visit our Getting Started page to learn more.