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What happens if the deceased doesn’t have a will?

Mar 20, 2020

Paul S. Labiner

Paul Labiner

Managing
Partner

If a person dies without a will, they will be considered to have died intestate, from the Latin in + testamentum (lit. “not having a will”).

When a person dies intestate, the person’s estate is administered according to the default Florida Probate Code, Ch. 732, Fl. Stat. (or whatever their state of residence was). The first step is for the probate court to appoint a personal representative to oversee the administration of the estate.

Eventually, after any creditors have been paid, the remaining property will be distributed to the heirs and beneficiaries. Unfortunately, this distribution is also done according to the order of priority in the Probate Code, not the wishes the deceased.

Because the probate process is such a hassle, expensive, and cumbersome, it’s critical to draft a legal valid will in advance that addresses these issues.

Get Help Today

If you concerned about drafting a will or are in a situation someone has died intestate, we can help. We want to try to make the estate planning and probate process as simple and stress-free as we can. Call (561)998-2362 or click the button to schedule a free Financial Legacy Review online now.

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