Intestate
Definition:
Intestate refers to the condition of dying without a valid will, meaning a person’s property is distributed according to state laws rather than their personal wishes. When someone dies intestate, the state’s intestacy statutes determine who inherits their estate, usually prioritizing spouses, children, and close relatives.
Intestate Information
When a person dies intestate, their estate is subject to the laws of intestate succession, which vary by state. These laws establish a hierarchy of heirs, typically starting with the surviving spouse and children, followed by parents, siblings, and other relatives. If no eligible relatives are found, the estate may revert to the state through a process called **escheat**. Intestacy can lead to outcomes that differ significantly from what the deceased might have intended, which is why estate planning and drafting a valid will are important. The probate court oversees the administration of intestate estates to ensure lawful distribution of assets.
Florida Legal Definition
Under **Florida Statutes Chapter 732 (Part I)**, intestate succession occurs when a person dies without leaving a valid will. The law specifies the order of inheritance—typically granting the surviving spouse the entire estate if there are no descendants, or a portion if there are children or other heirs. The remaining estate is divided among descendants or other family members based on statutory formulas. If no heirs exist, the estate passes to the State of Florida. Florida probate courts handle the process to ensure compliance with statutory requirements and protect the rights of all potential heirs.
How It’s Used in Practice
In practice, intestacy arises in probate cases when a decedent dies without a will or when a will is deemed invalid. Attorneys and personal representatives use the intestacy statutes to identify rightful heirs and calculate their shares of the estate. Family members may need to provide documentation proving their relationship to the deceased. The probate court appoints a personal representative to manage the estate, pay debts, and distribute assets. Intestate administration often takes longer and offers less control compared to having a valid will.
Key Takeaways
- Intestate means dying without a valid will.
- The state’s intestacy laws determine how the estate is distributed.
- Florida’s intestacy laws are governed by Chapter 732 of the Florida Statutes.
- Heirs are determined based on their legal relationship to the deceased.
- If no heirs exist, the estate may pass to the State of Florida.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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