A frequent question I am asked by clients is what happens when there is not a Will in place and a death occurs. 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 my firm can assist you with your estate planning, probate or guardianship needs please feel free to call us at (904)366-2703 or email me at [email protected]