What Happens If Your Parents Pass Away Without A Will?
Losing a parent is one of the hardest things you will ever go through. If your parent did not leave a will behind, it can make the coming months even more complicated and confusing. As in every other state, the intestacy laws in Florida dictate what happens to a person’s property when they pass away without a will. Below, one of our St. Petersburg probate lawyers explains what to expect if your parent passed away without a will.
Who Inherits Property When Someone Dies Without a Will?
When a person passes away without a will in Florida, the state’s intestacy laws stipulate how their property is distributed. The intestacy laws give priority to blood relatives and the distribution varies depending on a family’s structure. If both of your parents have passed away and there was no will, all of the property in the estate is distributed equally among the surviving children. Biological and adopted children are viewed equally and each will receive a portion of the estate.
The intestacy laws are clear and when there is no will, the law takes precedence over your parents’ wishes. As such, even if you know your parent wanted one child to receive more than another, this preference will not be upheld unless there is a will in place.
The Estate Will Go Through Probate
Even if your parents drafted a will during their lifetime, you may still have to go through probate. When there is no will or other estate planning documents, such as trusts, the entire estate will be subject to probate. Probate is a court-supervised process that inventories all of the property within an estate and distributes it according to the default intestacy laws.
One of the first steps in the probate process is appointing a personal representative. The personal representative has many tasks. They must inventory all of the property within the estate, provide notice to creditors and beneficiaries, respond to creditor claims, and more. When someone has drafted a will, they name a personal representative in the document. When there is no will, and therefore no designated personal representative, the court will appoint one. There is usually an order of preference, but others can petition the court to be named personal representative.
Probate can be a lengthy process that is stressful for everyone involved. If there is a dispute, litigation may even be required to resolve it. It is always recommended that you work with a St. Petersburg probate lawyer when going through probate after a parent passes away.
Call Our Probate Lawyer in St. Petersburg Today
Losing a parent is an extremely difficult experience. When there is no will left behind, it makes the process even more challenging and you may face many legal hurdles you will have to overcome. At Legacy Protection Lawyers, LLP, our St. Petersburg probate lawyer can guide you through the process so you obtain the best outcome possible. Call us today at 727-471-5868 or contact us online to schedule a consultation with one of our attorneys and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
