What if the decedent left no Will?
First, be sure there is no will. Just because you do not quickly find a will does not mean there is not one in a safety deposit box or hidden with other papers. However, if the decedent stated before death that he or she had no will, then you can be fairly sure there was none. If there is no will, Florida has an “intestate succession” law which states that certain persons receive the estate. If there is a surviving spouse but no “descendants” (children, grandchildren, or great-grandchildren, natural or adopted), then the surviving spouse gets the entire estate. If there are lineal descendants, the surviving spouse gets a least half of the estate, but the descendants get some part also. If there is no surviving spouse and no lineal descendants, then the estate goes to any surviving parents of the decedent. If no parents, then to other relatives of the decedent starting with brothers and sisters. Many times this intestate estate is not exactly what the decedent would have wanted, which is one reason a will is a good idea.
Do I need to come back to Florida to probate my parent's estate?
No, not usually for probate. Unless a dispute requires a hearing, neither the personal representative nor the estate attorney will actually go to court in Florida. There is no “reading of the will” like you see in old movies. Everything can be done by mail, email, phone, and fax.
Florida law requires that virtually all estates have a probate attorney or probate law firm assist with the estate administration. Our attorneys are available to help with all probate, trust and estate matters. Please feel free to contact our office at (727) 461-1111 and let us know how we can assist you.
You may also email us at ggrimsdale@mcfarlandgouldlaw.com and we will promptly contact you.
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