When one passes away without a will then they are considered as having died “intestate.” This means that the probate process will be placed under a higher level of oversight than it would in matters which involve a will. These types of cases can be much more likely to result in disagreement and infighting between surviving family members as they were not left with a structured arrangement to follow. If a loved one has passed away without a will then retaining an experienced attorney can be an important step in moving forward. Lindsey Gardner Shneyder is a Melbourne probate lawyer who assists with intestate estates. Contact us online or by telephone to schedule an initial consultation.
Melbourne attorney handling Florida probate cases where one died without a will
When an individual dies without a will then they have passed “intestate.” This means that the proceeds of their estate will be divided in a predetermined order that is spelled out in Florida’s statutes. As an example:
- If one passes away with children, but no spouse, everything will be equally divided amongst the children
- If one has a spouse, children, and the spouse has children from a prior relationship, then the spouse will inherit one-half of the intestate property and the children of the deceased will inherit the other one-half.
There are several other possibilities which can arise. The existence of siblings, living parents, and children from other relationships can complicate how assets will be divided.
An intestate probate case begins when a Petition is filed with the Court. It is wise to do this as soon as possible after the death. Since there is no will, anyone can request to serve as the personal representative of the estate (also known as the “administrator”) as long as they are a Florida resident, at least eighteen years of age, and are a close relative. When selecting a personal representative, it will be the Court’s preference to go in the following order:
- The surviving spouse.
- The person selected by a majority in interest of the heirs.
- The heir nearest in degree. If more than one applies, the court may select the one best qualified.
Once appointed, the administrator will inventory the estate, pay any outstanding debts, file any necessary tax returns, pay outstanding debts, and distribute any remainder to the heirs. This will be done under much closer court supervision than what occurs in a case where there is a will. This process can quickly become problematic if there are disputes over who should serve as the administrator, over who is an heir, and whether debts need to be paid. An experienced attorney can assist with navigating this process.
Lindsey is a Melbourne probate attorney who assists with intestate estates. At the initial consultation, she will give you an honest assessment of what to expect from the process. Lindsey will work to identify all potential heirs and will ensure that all parties are properly noticed when filing the Petition. She will work closely with you to ensure that all of the Court’s mandates are being followed and that the case is moving appropriately. She will also analyze all claimed debts to ensure that only necessary bills are being paid out of the estate. It is our goal to help you through this difficult time. Contact us online or by telephone to schedule a consultation.
Attorney assisting Florida residents with all aspects of an intestate succession case
A probate case with no will presents issues for everyone involved. Lindsey is able to represent those wish to serve as the estate administrator but is also able to represent potential heirs. In such a situation it is important that all parties ensure that their rights are protected. This includes staying in regular contact with you throughout the process and ensuring that your questions are answered. My office promises this level of service in each and every case we handle.
In addition to Melbourne, our attorney also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.