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What if a deceased family member has no will?

On Behalf of | Jun 5, 2024 | Probate Administration |

A will allows an individual to properly distribute their assets to specific beneficiaries after their death. However, there are cases where a deceased or a decedent passes on without any will, leaving behind wealth and property with no apparent heirs.

There are many ways an executor or a personal representative may distribute the assets of a person who passed on without a will or who died intestate. In this blog, we will examine how executors may allocate assets without a will from the decedent.

Probate administration with no will

In Florida, a personal representative may distribute a decedent’s assets to any living descendants if the decedent passes on without a will. Descendants can be parents, children or grandchildren.

If there are multiple descendants, the executor can divide the probate estate as state law prescribes.

If the deceased has no living descendants but is married, their spouse will receive all probate estate. If unmarried, the executor will distribute their wealth to their surviving parents. In cases where the parents have already passed, the deceased’s siblings will share the probate estate.

If their close relatives do not survive the decedent, the personal representative will pass the assets to other more remote heirs.

Disputes can delay the probate administration

The executor handles issues and complications that may arise during the probate administration. Disputes between heirs are common, leading to delays in an already lengthy process.

Working with an experienced legal professional to create a comprehensive estate plan may help prevent these disputes from occurring. Developing an estate plan may be valuable, especially for people who want to ensure their loved ones live comfortably even after passing on.


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