When a Palm Beach resident dies without a valid will, Florida law decides who inherits and how the estate is administered. These are called intestate estates, and they follow a fixed set of rules under the Florida Probate Code (Chapters 731 through 735). Our firm focuses on guiding families through this exact situation, where there is no document naming a personal representative or directing where assets should go.
What Intestate Means in Florida
An estate is intestate when the decedent left no will, or when a will exists but is invalid or does not dispose of all property. In that case, Florida’s intestate succession statutes (Sections 732.101 through 732.111) control distribution. The probate court appoints a personal representative, and assets pass to surviving heirs in an order the statute defines. Nothing about the deceased person’s wishes overrides this default scheme, which is why intestate cases often surprise families.
Who Inherits Without a Will
Under Section 732.102, a surviving spouse inherits the entire intestate estate if there are no surviving descendants, or if all descendants are shared by the spouse and decedent and neither has other children. If either party has descendants outside the marriage, the spouse takes one-half. When there is no spouse, Section 732.103 directs the estate to descendants, then parents, then siblings, and onward through more distant relatives. We help heirs understand precisely where they fall in this order.
Homestead and Family Protections
Florida’s homestead protections apply with full force in intestate estates. A protected homestead does not pass through normal intestate distribution; instead, Article X, Section 4 of the Florida Constitution and Section 732.401 govern it, typically giving a surviving spouse a life estate or an undivided one-half interest with descendants taking the remainder. Exempt personal property and a family allowance may also be available. These rules frequently change who actually receives the home.
Summary or Formal Administration
Many intestate estates qualify for summary administration under Chapter 735 when the estate is valued at $75,000 or less, or when the decedent has been dead more than two years. Larger or more contested estates proceed through formal administration under Chapter 733, which requires appointing a personal representative and following a structured creditor and distribution process. We assess which path fits and handle the court filings.
How We Help Palm Beach Families
Intestate administration involves identifying heirs, valuing assets, notifying creditors, addressing homestead, and distributing what remains according to statute. We represent personal representatives and heirs throughout Palm Beach County, from West Palm Beach to Boca Raton and Jupiter. Whether the estate is modest or complex, our role is to move it through probate efficiently and in full compliance with Florida law.
Talk With a Florida Probate Attorney
Every intestate estate is different, and the statutes interact in ways that are easy to misread. This page is general information, not legal advice. Before acting, consult a licensed Florida attorney who can review the specific facts of your loved one’s estate and advise you on your rights and obligations.
For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles New York elder law.