If a Florida resident died without a will, then an intestate proceeding will need to be filed. Under Florida Intestate Laws, the right of succession to inherit a decedent’s estate is approximately as follows:
• When there are no children of a decedent, the surviving spouse inherits 100% of the decedent’s estate.
• When there is no surviving spouse, the children inherit 100% of the decedent’s estate divided amongst them or their lineal decedents.
• If decedent survived by spouse and children all of whom are issue of the surviving spouse, spouse takes first 60k plus ½ of remaining balance. The children take the rest.
• If survived by spouse and children, at least one of whom is not an issue of the surviving spouse, takes ½ of estate. Issue take rest.
• When there are no children or surviving spouse, then the decedent’s parents, siblings, aunts, uncles or cousins inherit the decedent’s estate.
If you need a Miami estate attorney to handle an intestate estate call the Law Offices of Albert Gurevich at (786) 522-1411.