What Is a Decedent?
In legal terminology, a decedent is simply a person who has died. The term is used throughout Florida's probate and estate laws (Chapters 731-735, Florida Statutes) to refer to the deceased individual whose estate is being administered by the court.
The Decedent's Estate
When a Florida property owner dies, their assets become the "decedent's estate." The estate includes:
- Probate Assets — Property titled solely in the decedent's name that must pass through probate court: real estate held individually, bank accounts in the decedent's name alone, and personal property.
- Non-Probate Assets — Property that passes outside of probate: jointly held real estate (passes to the surviving owner), accounts with named beneficiaries (life insurance, retirement accounts), and property held in a living trust.
Testate vs. Intestate
- Testate — The decedent left a valid will. The will controls how probate assets are distributed.
- Intestate — The decedent died without a will. Florida's intestacy statutes (Florida Statute 732.102-732.103) determine who inherits, prioritizing the surviving spouse, then descendants (children, grandchildren), then parents, then siblings.
Real Estate Implications
Florida real estate titled solely in the decedent's name cannot be sold, refinanced, or transferred until the probate court appoints a personal representative (executor) who has the legal authority to sign a deed on behalf of the estate. This process can take months, delaying any planned transactions.
Related Terms
- Probate — The court process for administering the decedent's estate
- Estate — The decedent's total assets and liabilities
- Devise — A gift of real property from the decedent's will
Barnes Walker Probate Administration
Barnes Walker's probate attorneys administer Florida decedents' estates, guiding personal representatives through the probate process, resolving creditor claims, and ensuring real estate and other assets are properly transferred to the rightful beneficiaries. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC