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Florida Real Property Probate – Law Determining Heirs When There Is No Will

When someone dies without a will, but leaves real property in Florida, Florida law has to determine the heirs of the estate. Below one of our knowledgeable probate administration attorneys discusses Florida real property probate law when there is no will.

Which law determines the heirs of Florida property?

It may seem illogical, but Florida's intestate law always governs estates in which there is no last will and determines who has inherited the real property. It does not matter if the owner never lived in Florida or even never even came to the state. If he or she bought real property in the state and died without a will, the law in Florida will determine who has inherited the property.

How can Florida dictate how much a foreign widow should receive and how much the children should receive? Florida takes the position that, as the site of the real property, it can determine how the property descends in intestate (no will) cases.

So, how much does a surviving spouse inherit without a will, and how much do the children of the deceased person inherit?  See our Useful Links page for a link to the Florida Statutes answering those questions.  A short summary is:

Contact Our Firm for Your Florida Real Property Probate

If you are the executor of an estate that contains real property in Florida and the deceased left no will, you should speak with estate attorneys familiar with the state's intestate law. At Statewide Probate, a division of McDonald Fleming Moorhead in Pensacola, we offer a free consultation for Florida probate administration cases. Contact our probate administration lawyers today.