Most people assume their loved ones have a plan for what to do with their property after they pass away. But when someone dies without a Will or trust in place, Florida’s intestacy laws take over, and that can lead to outcomes the person never intended. If you have not put together formal estate planning documents, then understanding how intestacy laws work in Coral Gables and elsewhere in Florida could help you take control of what happens to your assets.
Florida’s intestacy laws are designed to create a default path for distributing assets when no valid Will or trust exists. However, this process does not account for personal wishes, blended families, or more complex financial situations. Working with a local Wills attorney could give you the guidance you need to avoid leaving things up to chance.
Intestacy law in Coral Gables is governed by the state’s probate code. When a person dies intestate, that is, without a valid Will or Trust the court follows a strict order of succession dictated by Florida law to determine who inherits the estate. Generally, assets pass first to the surviving spouse. If there are also surviving children, the estate is divided based on whether those children are from the same marriage or from previous relationships.
For example, if the decedent had children from a prior relationship, the surviving spouse receives half of the estate, with the remainder going to the children. If there is no surviving spouse or children, the estate may pass to parents, siblings, or even more distant relatives. If no eligible heirs are found, the estate “escheats” or reverts to the control of the state.
While the law provides a structure, it doesn’t allow for much flexibility, and there is no consideration for long-term partners, stepchildren, or friends. That’s why many people choose to create a Will or trust, to make sure their assets are distributed the way they intended.
Dying without a Will does more than affect who gets what, it can also make the probate process longer and more expensive. When there is no designated personal representative, the court must appoint someone to administer the estate. This can delay the process and may result in someone you would not have chosen managing your affairs.
Additionally, conflicts among family members are more likely to arise when there is no clear guidance. Beneficiaries may not agree on how to value or distribute certain assets, especially if sentimental items or business interests are involved. A trust or Will helps reduce these tensions by laying out specific instructions in advance.
Probate under intestacy can also be particularly challenging for individuals who own businesses or hold property in multiple states. Without proper planning, your loved ones could face legal hurdles that take months, or even years, to resolve.
Many people put off creating a Will or trust because it feels complicated or unnecessary; but even a basic estate plan can make a significant difference. A Coral Gables attorney could help you avoid the laws of intestate succession and instead identify which documents best suit your goals, whether that involves a revocable trust, power of attorney, or healthcare directive.
We work with individuals and families who want to protect their assets and ensure their wishes are carried out. Estate planning is not just about passing things down, it is about creating clarity, preserving relationships, and minimizing future legal burdens. Avoiding intestacy is one of the most practical and powerful reasons to take this step.
If you haven’t yet had a Will or trust created, now is the time to act. Call an estate planning attorney for help creating documents that prevent your estate from going through intestacy and give you control over how your legacy is handled. The state intestacy laws that affect Coral Gables are rigid, and often not aligned with what most people would want. Naming your beneficiaries and outlining your wishes gives your family peace of mind and keeps decisions with you alone.
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We will meet with you to discuss your next options and lay out a plan.
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