Who Serves as Personal Representative Of a Florida Probate Estate If There Is No Will?

What Happens in an Estate When Someone Dies Without a Will?
What occurs when an individual passes away without a will?

In the absence of a will, as per Florida law, the surviving spouse assumes the role of personal representative of a Florida probate estate. However, in the event that there is no spouse, the majority of the heirs have the authority to choose the individual suitable to serve as the personal representative. Regardless of the scenario, a court order is required to officially appoint the selected individual as the personal representative. This provision is outlined in Section 733.301 of the Florida Statutes.

According to Florida intestacy law, the following individuals inherit when there is no will: (a) if the deceased person leaves a surviving spouse but no child or grandchild, then the surviving spouse is entitled to receive all of the remaining estate; (b) if the deceased person leaves at least one child or grandchild but no surviving spouse, then the descendants are entitled to receive all of the remaining estate; (c) if the deceased person leaves a surviving spouse and one or more descendants, all of whom are descendants of both spouses, and if the surviving spouse has no other descendant, then the surviving spouse is entitled to receive all of the remaining estate; (d) if the deceased person leaves a surviving spouse and one or more descendants, some of whom are not descendants of both spouses, then the spouse is entitled to one-half of the remaining estate and the descendants are entitled to the other half. Sections 732.102 and 732.103 of the Florida Statutes.

In essence, no individual can pass away without a will. Even if you have not crafted one for yourself, the laws of your jurisdiction dictate how your assets are allocated upon your death. The state essentially drafts a will on your behalf. These laws are known as the intestate succession statutes, and an individual who passes away without a written will is considered to have died intestate. These statutes distribute your assets to your relatives based on their relationship to you. The procedure of distributing your assets is overseen by the probate court, much like with a will. It is not advisable to rely on these statutes for your estate planning requirements. With a will, although it will still undergo probate, you have the ability to determine who receives your estate, when, and in what proportions.

When someone dies without a will in the state of Florida, the laws established by the state determine the distribution of the person’s assets to their heirs.

If you die without leaving a will, there is a risk that your property will not be distributed as you wish. Your assets will be distributed in accordance with the regulations of your state’s “intestacy” statute, instead of being based on how close someone was to you. Consequently, longtime friends or caretakers will not receive any portion of your estate.
Even if the designated beneficiaries are the same as those you would have chosen, there are no advantages to dying without a will. For instance, you forfeit the opportunity to appoint a personal representative, trustee, guardian for minor children, and to engage in valuable tax planning.
By having a well-crafted will, you can avoid legal complications, appoint a personal representative for your estate, designate a guardian for your children, establish trusts, and reduce probate-related expenses through independent administration provisions. Dying without a will may lead to unforeseen costs, delays, and unwanted outcomes for the deceased individual’s family.

If an individual passes away without a will, they will be deemed to have died intestate. In such a scenario, the probate court will designate a personal representative, and the remaining assets, after settling any outstanding debts, will be distributed according to state law.

If you pass away without a will, that’s known as dying intestate. When you die intestate, you have no control over who your beneficiaries are and who is in charge or your estate. The State of Florida, if that’s where you reside, has a statute that determines who your beneficiaries are and who has the priority to serve as the personal representative or executor of your estate.