Florida — Claiming Your Share of a Parent’s Estate When There Is No Will | Florida Probate | FastCounsel
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Florida — Claiming Your Share of a Parent’s Estate When There Is No Will

August 12, 2025 6 min read

Detailed Answer

Immediate note: The information below explains how intestate (no will) estates are handled under Florida law. This is educational only and not legal advice. For case-specific guidance, contact a licensed Florida probate attorney or the clerk of the circuit court in the county where the decedent lived.

1. What “intestate” means and who inherits

“Intestate” means the decedent died without a valid will. Florida law sets a default order of inheritance (intestate succession) that determines who gets the decedent’s probate assets. Generally the order is:

  • surviving spouse and children (and other lineal descendants);
  • if none, surviving parents;
  • if none, siblings and their descendants;
  • if none, more distant relatives or the State may inherit.

Exact shares and special rules (for example, how the surviving spouse’s share is calculated, homestead rules, or how children from different relationships affect shares) are set out in Florida’s intestacy statutes. See Florida Statutes Chapter 732: Intestate Succession: https://www.flsenate.gov/Laws/Statutes/Chapter/732.

2. Which assets pass through probate and which do not

Not all assets go through probate. The following typically bypass probate and pass directly to a named beneficiary or co-owner:

  • Assets with a named beneficiary (life insurance, retirement accounts, payable-on-death bank accounts).
  • Property owned as joint tenants with right of survivorship or tenancy by the entirety.
  • Trust assets when the decedent owned them as trustee or the assets are held in a revocable living trust.

Only assets titled in the decedent’s name without a beneficiary or survivorship will usually be part of probate and distributed under intestacy rules.

3. Decide whether probate is required

Check whether the decedent’s estate needs formal administration, or whether a simplified route can be used. Florida offers several procedures:

  • Formal administration (court-supervised appointment of a personal representative) — used for many estates. See Chapter 733: Administration of Estates: https://www.flsenate.gov/Laws/Statutes/Chapter/733.
  • Summary administration — a faster process available when certain conditions apply (examples: the estate’s probate assets are below a statutory threshold or the decedent has been dead for a statutory period). See Chapter 735 (Disposition of Personal Property Without Administration / Summary Administration): https://www.flsenate.gov/Laws/Statutes/Chapter/735.
  • Other limited procedures for small personal property or specific assets (statutory procedures and court rules apply).

The clerk of the circuit court in the county where the decedent lived can tell you which procedures are available. The Florida Courts website also has self-help resources: https://www.flcourts.org/.

4. Typical step-by-step process to claim your share

  1. Gather basic documents: certified copy of the death certificate, the decedent’s ID, your relationship proof (birth certificate, marriage certificate), account statements, deeds, life insurance policies, and beneficiary designations.
  2. Identify probate assets: make an asset list of property titled solely in your mother’s name with estimated values.
  3. Determine probate route: contact the probate clerk or an attorney to see if summary administration or formal administration applies.
  4. File the appropriate petition: a petition for administration or for summary administration is filed in the circuit court in the county of the decedent’s legal residence. The court will appoint a personal representative (administrator) if needed.
  5. Provide notice: publish and provide notice to heirs and creditors as required by statute and local court rules.
  6. Inventory and creditor deadline: the personal representative files an inventory and pays valid claims or disputes them. Creditors have limited time to make claims; follow statutory deadlines.
  7. Distribution: after paying debts and taxes, the personal representative distributes probate assets to heirs according to Florida’s intestacy rules and the court’s orders.
  8. Final accounting and discharge: the personal representative obtains a court discharge when administration ends.

5. How to protect or assert your claim if you believe you are an heir

  • Respond to court notices promptly. Deadlines matter in probate and to preserve your rights.
  • If someone is acting as personal representative and you think they are excluding you improperly, you can file an objection in probate court.
  • If a beneficiary designation or joint ownership is disputed (for example, allegations of fraud), you may need to file a lawsuit in the probate court to resolve ownership.
  • If an heir cannot be found, the court has procedures for appointing a guardian ad litem or publishing notice to locate missing heirs.

6. Common complications and special Florida rules

  • Homestead property: Florida has strong homestead protections that affect how a primary residence passes at death. The homestead may pass to a surviving spouse or lineal descendants in specific ways. These rules are complex and can affect creditors and intestate shares. See Florida statutes and consult counsel.
  • Children from different relationships: shares can change depending on whether surviving children are also children of the surviving spouse.
  • Pretermitted children or dependent family members: Florida law contains protections for certain heirs; an attorney can explain whether they apply.
  • Nonprobate assets: life insurance and retirement accounts with beneficiaries bypass probate and will not divide under intestacy.

7. Example (hypothetical) to illustrate the process

Suppose your Florida-resident mother died intestate and left a house titled solely in her name, a bank account in her name, and a named beneficiary on her IRA. The IRA passes to the beneficiary outside probate. The house and bank account likely require probate. You or another heir can file for administration (or summary administration if the estate qualifies), be appointed personal representative, pay valid debts, and distribute the remaining probate assets to heirs according to Florida statute.

8. Where to find the statutes and courthouse help

Key statutory chapters on Florida law relevant to intestacy and probate:

Helpful Hints

  • Obtain multiple certified death certificates early — banks and government agencies require them.
  • Check beneficiary designations and joint accounts first; many assets already pass outside probate.
  • Contact the clerk of the circuit court in the decedent’s county for forms and local requirements before filing.
  • Keep clear records and copies of all filings, notices, and receipts during administration.
  • If heirs disagree, consider mediation to avoid expensive court fights; if mediation fails, the court resolves disputes.
  • Ask whether the estate qualifies for summary administration — it may save time and cost.
  • Time limits are strict for creditor claims and objections — meet all deadlines and respond to notices promptly.
  • If property is titled in another state or the decedent owned real property out of Florida, you may need ancillary probate in that state.
  • When in doubt, consult a probate attorney licensed in Florida. Many offer an initial consultation and can explain whether you should pursue formal administration.

Disclaimer: This article provides general information about Florida probate and intestate succession. It is not legal advice and does not create an attorney-client relationship. Laws change and every case differs. For advice about your specific situation, contact a licensed Florida attorney or the probate clerk in the county where the decedent lived.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.