My Parent Died Without a Will in Florida: A Step-by-Step Guide

Finding out a parent left no will is a stressful discovery at an already difficult time. This guide gives you a clear sequence of steps — what to do, what to avoid, and what to expect from the Florida probate process.

Step 1: Do Not Distribute Anything Yet

Before you do anything else: do not transfer property, do not empty bank accounts, do not distribute personal belongings, and do not pay debts from estate funds. Even with the best intentions, distributing assets before a court-appointed personal representative is authorized can expose you to personal liability under Florida law.

The only exception is paying for immediate necessities — utilities to protect the property, basic expenses to prevent loss.

Step 2: Secure the Estate

• Locate and secure important documents: deeds, bank statements, investment accounts, insurance policies, tax returns, vehicle titles
• Change locks on property if needed to prevent unauthorized access
• Keep an inventory of personal property

  Step 3: Determine What Assets Are Actually in the Estate

  Not everything a person owns goes through probate. Assets that pass outside the estate include:

  • Joint accounts with right of survivorship → pass to the surviving joint owner automatically
  • Accounts with beneficiary designations (bank POD, investment TOD, retirement accounts, life insurance) → pass directly to the named beneficiary
  • Property owned jointly with right of survivorship → passes to the surviving owner
  • Property held in a trust → passes per the trust terms

    Only assets titled solely in your parent's name with no beneficiary designation are probate assets subject to intestacy laws.

    Step 4: Understand Who Inherits Under Florida Law

    Florida's intestacy statute (F.S. §732.102–732.103) determines who inherits when there is no will:

    If your parent was not married at death: All probate assets go to their descendants (children) in equal shares. If a child predeceased the parent, that child's share goes to their own children (your parent's grandchildren).

    If your parent was married at death:

  • If all children are from the current marriage: the surviving spouse inherits everything
  • If there are children from a prior relationship (yours or the spouse's): surviving spouse gets 50%, children share the remaining 50%

    Stepchildren who were never legally adopted do not inherit under intestacy. Unmarried partners do not inherit regardless of the length of the relationship.

    Step 5: Open a Probate Proceeding

    To legally administer the estate, someone must petition the circuit court in the county where your parent lived to open probate and be appointed personal representative (the equivalent of an executor).

    Florida has two main probate processes:

    Summary Administration — available when:

  • The total value of probate assets is $75,000 or less, OR
  • The person has been deceased for more than two years

    Summary administration is faster (weeks to a few months) and less expensive than formal administration. It does not require appointment of a personal representative.

    Formal Administration — required for larger or more complex estates. Involves appointing a personal representative, filing an inventory, notifying creditors, paying debts, and distributing assets. Typically takes 6–12 months minimum.

    Step 6: Who Can Serve as Personal Representative

    Florida law requires the personal representative to be either:

  • A Florida resident (does not need to be related to the deceased), OR
  • A spouse, sibling, parent, child, or other close relative of the deceased (regardless of state of residence)

    A non-relative who lives outside Florida cannot serve as personal representative.

    Step 7: Creditor Claims

    Creditors have a limited time to file claims against a Florida estate — 3 months from the date of first publication of the Notice to Creditors, or 30 days from actual notice to known creditors, whichever is later. Claims filed after that deadline are generally barred.

    Do not pay any debts from estate funds until you have legal authority as personal representative and have confirmed the creditor's claim is valid.

    Frequently Asked Questions

    Can we just split everything among ourselves without going to court? Not legally for probate assets. Informal distribution without court authority is a breach of fiduciary duty and can result in personal liability if a creditor later makes a claim or another heir disputes the distribution.

    My parent only had a house. Do we still need probate? Yes, if the house was in your parent's name alone. Real property in Florida cannot be transferred without either probate, a court order, or a document like a Lady Bird deed that was set up before death.

    How long does Florida probate take with no will? Formal administration typically takes 6–12 months. Summary administration (estates under $75,000 or 2+ years since death) can be completed in weeks.

    Does the state get my parent's assets if there are no heirs? Rarely. Florida intestacy law traces distant relatives — cousins, aunts, uncles — before assets escheat to the state. In practice, the state only takes assets when no living relatives can be identified.

    Can we avoid probate on future estates in our family? Yes. A revocable living trust, Lady Bird deed, and properly designated beneficiaries on financial accounts are the most effective tools. Contact our office to discuss a plan that avoids this situation for your own estate.

    Contact Mark Mastrarrigo P.A. in Cooper City to discuss Florida probate and estate administration throughout Broward County.