What are the Shares or Rights of Heirs (Family Members) Other Than the Spouse in an Intestate Estate in the State of Florida?
Section 732.103 of the Florida Statutes determines how property is distributed to the heirs of a decedent if they do not have a surviving spouse. The flow of the assets can get a little tricky but I will do my best to explain it in English (compared to the statute itself). The assets shall be distributed as follows:
1) To the descendants of the decedent (in equal shares).
2) If there are no descendants, then equally to the decedent’s mother and father.
3) If the father and mother both have predeceased the decedent, then equally to the decedent’s siblings or their siblings’ children.
4) If there are no siblings or nieces and nephews, then the property passes equally to the grandparents of the decedent (1/2 going to the paternal grandparents and ½ to the maternal grandparents).
5) If there are no grandparents, then equally to the aunts and uncles of the decedent or the children of the aunts and uncles (cousins).
6) If there are no aunts, uncles or cousins, then the assets shall pass to the deceased spouse of the decedent, if any, as if the spouse had survived the decedent and then passed away intestate – meaning it would be treated as if the predeceased spouse was still alive and then run through the analysis above as if the spouse had passed without a will.
If you are the heir of an intestate estate, contact our estate planning attorney at Wood, Atter & Wolf, P.A. located in Jacksonville and Ponte Vedra Beach, Florida to learn what you can expect to receive as part of the estate.
