Intestacy Laws in Coconut Grove | Intestate Inheritance

Losing someone close to you can be difficult on many levels. When their loss leads to confusion about who is set to inherit their assets, it can open up an entirely different set of concerns. If someone does not have proper testamentary documents, the state’s intestacy laws will determine who their estate is settled. You can work with our skilled Wills attorney to learn how intestacy laws work after someone’s death in Coconut Grove, or begin the process of crafting your own testamentary documents to prevent confusion in the future.

Who Inherits in an Intestate Estate?

When someone passes away without a Will in Coconut Grove, there are state intestacy laws that establish a hierarchy for distributing assets. This legal system—called intestate succession—focuses on a specific order of relatives, beginning with those closest to the deceased:

Surviving Spouse: If there are no descendants (children, grandchildren), the spouse receives everything. If all surviving children are also the spouse’s, the spouse still receives the entire estate. If there are children from another relationship, the spouse and those children split the estate.
Descendants: If there is no surviving spouse, everything goes to the decedent’s children or grandchildren, divided by representation.
Parents: If no spouse or children survive, parents inherit the entire estate.
Siblings: If parents are not living, siblings of the decedent (and their descendants) inherit next.

Understanding this system is vital for any family working through an intestate situation. We help you determine exactly who the beneficiaries are and resolve any questions about the process.

The Probate Process for Intestate Estates

With or without a Will, if a person dies owning assets in their individual name (unless there is a beneficiary designated allowed for certain assets as detailed below), estates must pass through probate in Miami-Dade County courts. Complying with intestacy laws during probate can often present additional challenges, especially since the court will appoint a personal representative (usually a close relative) to manage the process. Once appointed, the personal representative is responsible for:

Gathering and listing all the decedent’s assets.
Notifying and settling with creditors.
Preparing and filing final tax returns.
Identifying all legal heirs according to Florida law.
Distributing the estate’s assets to those heirs.

This process is complex and can sometimes result in disputes—especially if there are questions about family relationships or assets. Our team works with you to avoid unnecessary delays and resolve any confusion so assets can be distributed properly and efficiently, giving your family peace of mind.

Assets Not Subject to Intestacy Rules

Not all property owned by the decedent goes through probate. Certain assets bypass intestacy laws and pass directly to beneficiaries, often helping your family access funds more quickly. These assets typically include:

Life insurance policies with named beneficiaries.
Retirement accounts (such as a 401(k) or IRA) with listed beneficiaries.
Assets held in a living trust.
Property held jointly with rights of survivorship, like a family home in Center Grove.
Bank or brokerage accounts titled as payable-on-death (POD) or transfer-on-death (TOD).

Knowing which assets fall outside probate can streamline the process for families and help avoid unnecessary legal steps. We’ll help you sort through each asset, ensuring you understand exactly what needs to be addressed in probate and what passes automatically.

Get Help in Understanding Intestacy Laws in Coconut Grove

If you need help settling an estate without a Will, reach out to the estate planning team at Veliz & Associates today. We’re here to answer your questions, walk you through every required step, and provide the support you deserve when handling intestacy laws in Coconut Grove. We also help individuals manage their estate ahead of time, and avoid intestacy, by crafting the right documents that look toward the future.