A Question I Hear Frequently is “What Happens When There is No Will?”

In my office I meet with clients frequently for probate advice. Many times a loved one has passed away without a valid Last Will and Testament. Without a Will you cannot control who gets which assets, no matter what you might have said, or who you wanted something to go to. The Florida Bar states: “If you die without a will (this is called dying “intestate”), your property will be distributed to your heirs according to a formula fixed by law. Your property does not go to the state of Florida unless there are absolutely no heirs at law, which is very unlikely. In other words, if you fail to make a will, the inheritance statute determines who gets your property. The inheritance statute contains a rigid formula and makes no exception for those in unusual need.

When there is no will, the court appoints a personal representative, known or unknown to you, to manage your estate. The cost of probating may be greater than if you had planned your estate with a will, and the administration of your estate may be subject to greater court supervision.” If I can assist you with any estate planning, probate, guardianship or elder law questions please feel free to call me at (904)366-2703 or email me at knaugle@jaxlawteam.com. 

Tap to Call