(15) Intestate estate - no will, now what? - YouTube

In today's installment of SCALES, or Suwannee  County Access to Legal Education Series,

a program I created in 2019,

I am discussing what happens when a loved one dies  without a will. First of all, what is a will? In  

simple terms, a will is a document prepared by  the testator or testatrix to designate who should inherit  

and who should be the personal representative,  should a formal administration be necessary.

But what if your loved one never had a will drawn up? I have often heard people say many times

that the property goes to the  state. While that is possible,  

there is a long list of relatives you  have to go through before you get to that point.

Today, I am focusing on who  inherits in an intestate estate.  

Other presentations will go into  more depth about exempt property,  

homestead property and how to choose what type  of administration is needed for the estate.

When someone dies without a  will, it is an intestate estate.  

The first question to ask is whether the  decedent was married and look at F.S. 732.102.  

If the decedent, the person who died, didn’t have any descendants, or children, the spouse gets everything.  

If the decedent had descendants but they are

all in common with the surviving  spouse, then the spouse gets everything. But,  

if the decedent had descendants that are  not in common with the surviving spouse,  

the spouse gets one-half and all  descendants, divide the remaining one-half.

If the decedent was not married at the time of  death, we turn to F.S. 732.103, share of other  

heirs. If the decedent had descendants, the estate  goes to them. So if you’re looking at a family  

tree, you first go down. But if there aren’t  any descendants, you go up, to the decedent’s

father and mother equally, or if one parent is  deceased, it goes to the survivor of the parents.  

If both parents are deceased, the  estate then goes to the decedent's siblings,  

or the descendants of the deceased siblings.

If none of those survivors exist, the estate  is then divided equally between the decedent’s  

paternal and maternal family,  starting with the grandparents,  

or to the survivor of them. If no grandparents,  

to the uncles and aunts and descendants of  deceased uncles and aunts. Or if there is

no paternal or maternal kindred,  the estate shall go to the other  

kindred who survive in the order I just talked about. What if there is absolutely no family? Well,  

if the decedent was married, but the spouse had already passed,

then the property goes to the kindred of the last deceased spouse  

of the decedent as though the deceased spouse had actually survived the decedent and then died intestate.

For any case filed after December  31, 2004, if you get that far down,  

then it is possible for the property to escheat to  the state . I have reviewed thousands of probate  

cases as the General Magistrate - I have never seen property escheat to the state.

This has been a broad overview of what  happens when someone dies without a will.  

Next week, I will discuss what happens when  someone dies with a will, which is called testate. 

If you found this information useful or  know someone that could benefit from it,  

please like and share and follow the campaign’s  social media. Do you have a particular topic you’d  

like me to address? Send a message through  the campaign’s social media or website.  

I’d be happy to film a video on the topic, just  remember that I can’t talk about a specific case or facts

but I can talk in an educational manner.

If you miss an installment of  SCALES, visit the campaign's website  

to see all of the SCALES videos that are  available. And remember, on August 23, 2022,  

I am asking you to vote for me, Jennifer  Kuyrkendall Griffin for Suwannee County Judge.