Intestate estate is when a person dies with a will. A person can die intestate by not having a valid will, having a valid will and revoking their will, or executing a will that was later held to be valid. The effect of dying without a will is the transfer of the person's estate by operation of law. Additionally, non probate assets are assets that pass by operation of law and probate assets pass by execution of the will.
The purpose of this research guide is to help better understand how estate assets and property are transferred and the order in which heirs receive those assets. Further, this guide will provide information on how to create a will to avoid the inheritance of the decedent passing to an unwanted person.
What happens if a person dies without a will?
Dying without a will is known as intestate estate. If a person dies intestate then any non probate assets that a person has will be distributed based on Florida's law of intestacy. In general, the order of inheritance is: spouse, descendants (children, grandchildren, great-grandchildren). If there is no surviving spouse or descendants the inheritance will ascend to parents, siblings, descendants of siblings, and maternal and paternal kindred.
Each of these classes of heirs will be discussed in depth throughout this LibGuide.
What percentage share does each heir receive?
There are three systems for estate distribution.
1. per capita with representation- divide into share at first generation with a surviving member
2. Per capita at each generation- the estate is divided into shares at the first-generation with living members and like-related individuals receive the same share
3. Per stirpes- divide into shares at first generation, even if no one from that generation is living
* The distribution scheme used in Florida is per stirpes
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(1) any part of the estate of a decedent not effectively disposed of by by will passes to the decedent's hairs
(2) the decedent's death is the event that vests the heirs right to the decedent's intestate property
Testate - Having left a will at death. Black’s Law Dictionary (9th ed. 2009).
Testator – A person who signs a will. If a female, may be referred to as the testatrix. ABA.